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Bryant Legal Deal in Works

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Times Staff Writer

Kobe Bryant has agreed to negotiate a monetary settlement with the woman who accused him of sexual assault, sources said Tuesday, a development that could end the civil suit against him and bring to a close a lurid, highly publicized episode that began with a felony criminal charge nearly 20 months ago.

Bryant had been scheduled to give a deposition Friday in Orange County to the woman’s attorneys, but it was canceled when he agreed to settlement talks. The accuser’s deposition, which was scheduled for today, also was canceled.

Although reaching agreement is not a certainty, sources said a deal could be presented to U.S. District Judge Richard Matsch in Denver within days. The civil suit was filed Aug. 10, three weeks before the criminal case was dropped when the accuser informed prosecutors in Eagle County, Colo., that she would not testify.

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The Laker guard was charged with sexual assault stemming from the encounter June 30, 2003, at a mountain resort. He admitted having sex with the woman, who was 19 at the time, but said it was consensual.

His accuser worked at the hotel as a concierge and met him when he checked in that evening. She went to the police the next day and detectives surreptitiously audiotaped a lengthy interview with Bryant at the hotel.

Bryant, who is married with a young daughter, faced a possible life sentence, and pretrial legal wrangling lasted more than a year. His attorneys planned to attack the accuser’s credibility by presenting evidence that she had sex with someone else in the 15 hours after the alleged rape and before her medical examination.

Legal experts estimated that Bryant, who signed a seven-year, $136-million contract with the Lakers last summer, spent several million dollars on his criminal defense.

Bryant issued an apology letter when the case was dismissed that read in part, “Although I truly believe this encounter between us was consensual ... I now understand how she sincerely feels that she did not consent.”

The letter also said Bryant had not paid the woman and that the apology could not be used against him in the civil case. Although several legal experts predicted at the time that a civil settlement would be reached quickly, Bryant made it clear in court filings that he did not believe he was responsible for the emotional damages the woman sought.

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Bryant’s attorneys contended that the media and other entities were to blame for any damages, and wrote in a recent motion that the woman had reached a monetary settlement with American Media, which owns several tabloids, including the Globe and the National Enquirer.

Neither Bryant attorneys Hal Haddon and Pamela Mackey, nor the woman’s attorneys, Lin Wood and John Clune, would comment. ABC News reported that the two sides “have agreed in principle” to settle the suit.

“It appears Kobe Bryant’s deposition was the pressure point that made this happen,” Colorado legal expert Craig Silverman said. “Both he and his accuser were going to be asked about their entire sexual histories at their depositions. It was a high-stakes game of chicken.”

Civil juries in Colorado can award damages of no more than $366,000 for pain and suffering and the total amount a plaintiff can win is about $2.5 million.

Experts said a settlement probably would exceed that amount because Bryant could impose conditions on payment prohibiting the woman from discussing the case publicly.

“There almost certainly will be a confidentiality agreement,” Silverman said. “It would include sanctions if either side leaks details of the settlement.”

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Legal sources said a settlement either could be a lump sum or could be set up as a trust with payments made every year contingent upon compliance with the confidentiality agreement.

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