DENVER -- Prosecutors and the woman accusing Kobe Bryant of
rape are asking the judge to ease a gag order so they can respond
to widely publicized evidence they say is favorable to the NBA
The woman's attorneys, John Clune and Lin Wood, said in a court
filing Thursday the order prohibits them from responding to claims
made by a defense witness who for months has distributed derogatory
information about their client on the Internet.
"Unrebutted, this 'garbage' is allowed to be elevated in the
mind of the public to the undeserved status of fact," they wrote.
Bryant, 25, has pleaded not guilty to felony sexual assault. He
has said he had consensual sex with the employee of the Vail-area
resort where he stayed last summer. The trial begins Aug. 27, with
the last pretrial hearing scheduled for Monday.
If convicted, the Los Angeles Lakers guard faces four years to
life in prison or 20 years to life on probation, and a fine up to
Earlier this month, District Judge Terry Ruckriegle broadened
his gag order to prohibit all lawyers, witnesses and others
connected to the case from talking to reporters about the case.
Bryant's attorneys asked for the order after the judge released
an edited transcript of a closed-door hearing in which an expert
witness for the defense explained why she believes the alleged
victim had sex with somebody within 15 hours after her encounter
Clune has denied that claim. He and Wood appeared on national
television last week to criticize the judge and the court for
gaffes that led to the release of the transcript and the accidental
posting of their client's name on a state court Web site.
The attorneys also said in a court filing the gag order must be
eased so they can respond to "that devastating, one-sided
account" of evidence contained in the transcript.
"As long as this unconstitutional gag order remains in effect,
the terrible damage to the victim's right to a fair trial, to the
victim's right to due process of law, to the victim's right to
speak and reply, and to the victim's reputation, becomes
irreparable," they wrote.
The accuser's father criticized the judge and the gag order in a
letter last week.
"Recently, my daughter's attorney has tried to minimize the
harmful impact of your mistakes by speaking out on television for
the first time," he wrote. "Your latest order prohibiting anyone
from speaking out to help my daughter tells me that you wish to see
the harmful effects of the court's errors continue. My family and I
have lost trust that we can obtain a fair trial in your court."
Defense attorneys have asked the judge to keep the order in
place, saying the accuser's attorneys must be prevented from
repeating "inflammatory" comments that threaten the chances for a
"Without [the order], the trial will rapidly descend into the
kind of chaos the United States Supreme Court has repeatedly
condemned," defense attorney Hal Haddon wrote.