Bryant Gives Plea of Not Guilty

Kobe Bryant had his say in court Tuesday -- “Not guilty” -- then flew to Los Angeles and made the Laker playoff game against the San Antonio Spurs with plenty of time to spare.

Nearly 10 months after being charged with felony sexual assault and only moments after learning that prosecutors do not plan to make his sexual history a topic at trial, Bryant stepped to the courtroom lectern at his televised arraignment and entered a plea.

Judge Terry Ruckriegle read the charge and asked whether he understood it. Bryant leaned into a microphone set up for attorneys much shorter than him and replied, “Yes, sir.” Ruckriegle informed him that he could plead either guilty or not guilty, and Bryant said, “Not guilty.”

The only other time Bryant has spoken in open court was during his first appearance in county court Aug. 6, when he answered, “No, sir,” to a question about whether he objected to giving up his right to have a preliminary hearing within 30 days.

Ruckriegle added a hearing May 27 and postponed setting a trial date until then because, he said, the testing of certain DNA evidence had not been completed. The rapid pace of proceedings Monday and Tuesday prompted the cancellation of a court session scheduled for today.

Under Colorado’s speedy trial law, a trial must be set within six months of the plea, and both sides have indicated they could be ready by late August. Legal analysts say the trial, including jury selection, could take from three to six weeks.

“When a trial date is set, out go the jury summons and people begin to rearrange their lives,” legal analyst Scott Robinson said. “If the judge has any doubts about DNA testing not being done, he won’t set the trial because he doesn’t want to have to change the date. He’s looking out for his constituency in Eagle County.”

Bryant, 25, is accused of raping a 19-year-old woman June 30 at a mountain resort. He has said they had consensual sex. He faces four years to life in prison or 20 years’ probation if convicted.

The disclosure that prosecutors do not plan to introduce evidence of other sex activity by Bryant came from Hal Haddon, an attorney for the Laker guard. Haddon was arguing that the Colorado rape-shield law is unconstitutional because it protects the sexual history of an accuser while allowing prior sexual activity of a defendant to be admitted as evidence.

Ruckriegle noted that the problem “doesn’t apply to this case,” and Haddon agreed, saying, “We have been notified by the prosecution that they do not intend on putting forth any such evidence.”

Dist. Atty. Mark Hurlbert made no mention of the issue during his short response to Haddon’s argument.

“It is an interesting admission that the prosecution has conceded no evidence of Kobe’s sexual history,” legal analyst Craig Silverman said. “If they had the evidence, the law would allow them to introduce it.”

Haddon said the defense does not plan to allege that Bryant’s accuser has previously made any false rape accusations -- which is what the defense is contending she did in this case.

The parents of the alleged victim watched the two hours of open proceedings from the gallery.

The woman, who made a surprise appearance Monday to observe pretrial testimony regarding her mental health and substance abuse, was not in attendance Tuesday.

In another matter during open court, Haddon argued that everyone in the case be referred to by their proper names rather than by descriptors such as “defendant” and “victim.” He pointed out that in Ohio and Delaware, judges have “determined that the use of the term ‘victim’ in situations like this is inappropriate.”

Hurlbert said jurors would not be influenced by referring to the woman as a victim. “This motion presupposes that the people of Eagle County are not the brightest folk and can’t set it aside,” he said.

Morning proceedings were conducted in closed court. Jan Fawcett, a psychiatrist serving as a defense expert, testified for the third time regarding the mental health and drug and alcohol use of Bryant’s accuser.

Jean McAllister, a victims’ rights advocate, testified for the prosecution as part of the rape-shield hearing. The judge set dates later this month for attorneys to file written closing arguments.