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Judge asked to throw out defense subpoena

EAGLE, Colo. -- A prosecutor outlined the sexual assault
case against Kobe Bryant for the first time Wednesday, saying there
are photographs of injuries to the woman and a videotaped statement
from her.

In a court brief, Eagle County District Attorney Mark Hurlbert
said he planned to present the evidence at the Oct. 9 preliminary
hearing that will determine whether the NBA All-Star will stand
trial.

Hurlbert also said the main investigator in the case will
testify.

While detailing his evidence, Hurlbert also asked the judge to
throw out a defense subpoena calling for the accuser to testify.
Hurlbert said testifying at the hearing would subject the
19-year-old woman to needless "anxiety and intimidation."

The defense can instead question investigators about the
accuser, the prosecutor said.

Bryant's attorneys, Pamela Mackey and Hal Haddon, did not return
a telephone message seeking comment.

Bryant is charged with sexually assaulting the woman June 30 in
his suite at a nearby mountain resort. She worked there, and Bryant
was staying there while in Colorado for knee surgery.

Bryant has said they had consensual sex.

The Los Angeles Lakers' star is free on $25,000 bond pending the
October hearing.

The brief marked the first time Hurlbert offered a glimpse of
the evidence in the case, including the photos, the video and what
he called an "electronically enhanced" version of Bryant's
interview with investigators.

Bryant's statement will corroborate the accuser's statement and
"provide direct evidence to many of the elements of the offense
charged," Hurlbert said.

Hurlbert said he will present information from a nurse about
injuries shown in the photographs taken during a medical
examination of the accuser. Eagle County sheriff's Detective Doug
Winters, the key investigator, also will testify.

Denver defense attorney Craig Silverman, a former prosecutor,
said the evidence mentioned in the brief appears to be enough to
convince a judge to order a trial.

However, Silverman also said Eagle County Judge Frederick
Gannett may want to hear from the accuser in court.

"He can't decide the case in a vacuum," Silverman said. "The
defense will argue that sex occurred. The whole issue is consent,
and the only person who can meaningfully talk about this is the
accuser."

Hurlbert also told the judge the accuser has moved away from
Eagle. He said she would have to travel half a day to return for
the hearing and it would require her to miss one-to-two days of
work.