Defense motions released Monday in the Kobe Bryant case outline an aggressive strategy by the NBA star's lawyers, and an increasingly bitter pretrial battle between prosecution and defense.
Key defense motions
Victim's mental state: Defense asked the judge to allow
evidence that the 19-year-old woman accusing Bryant twice attempted
suicide and had been treated with an anti-psychotic drug. "This
evidence makes it more probable that the accuser's allegations are
false and are merely a continuation of her pattern of engaging in
extreme, dangerous attention-seeking behavior without regard to its
effects on those around her," the defense wrote. "Her behavior
and treatment with an anti-psychotic drug also make it more
probably that she is not to be believed."
Secret tape recording: Defense asked judge to throw out as
evidence a sometimes-garbled tape recording that the lead sheriff's
investigator secretly made while interviewing Bryant the night
after the alleged assault. According to the motion, Eagle County
sheriff's Det. Doug Winters hid the recorder in his shirt
pocket and did not tell Bryant he was recording the conversation.
At the same time, Winters allegedly possessed a search warrant in his
pants pocket but didn't disclose he had it.
Evidence seized from Bryant: The same motion asks that
Bryant's clothes and physical evidence taken from him at a hospital
should not be allowed as evidence. Because officers approached him
"in the dead of night," and questioned him without reading him
his Miranda rights, all the evidence taken in the course of that
encounter should be disallowed, the motion argues.
Evidence -- another strategy: Defense asked the judge to
disallow as evidence a white T-shirt and a pair of track pants
seized from Bryant by detectives. The shirt was later found to be
stained with blood that matched the woman's. This motion alleges
that detectives failed to tell Bryant they had a warrant to search
his room before approaching him at the hotel and persuading him to
take them back to the room. It also alleges detectives never gave
Bryant a copy of the warrant as required.
Shield law challenged: Defense asks the judge to disregard
Colorado's rape shield law, which bars defendants from probing the
sexual history of their accuser. The law is unconstitutional
because it conflicts with another law that allows courts to
consider the sexual history of the alleged attacker in a rape case,
the defense argues.
Key prosecution motions
Measuring Bryant's hands: Prosecution asks the judge to order
Bryant measurement of Bryant's hand span. The woman said Bryant
first put two hands around her neck, then held her with one hand
around her throat while assaulting her from behind. The measurement
is relevant because the woman told a detective Bryant's one hand
"could almost circle my whole neck," the motion says.
Mental state: Prosecution argues that medical and medical
health information on the accuser is irrelevant, and asks the judge
to hold a hearing before allowing any such evidence.
Drugs and alcohol: Prosecution asks the judge to hold a
hearing before allowing the defense to introduce any evidence of
alcohol or drug use by the woman. This pre-emptive motion does not
say whether there has been any indication the defense intends to
bring up alcohol or drug use.