DENVER -- Jury selection in the Kobe Bryant sexual assault case is still on track to begin this month after the judge denied
prosecutors' request for an indefinite delay in the trial.
The state, however, won a partial victory Friday when District
Judge Terry Ruckriegle handed down two other rulings that limit or
prohibit potentially damaging testimony about the accuser's mental
health, purported suicide attempts and use of any drugs or alcohol.
Bryant, 25, has pleaded not guilty to felony sexual assault and
has said he had consensual sex with the woman at the Vail-area resort
where she worked. If convicted, he faces four years to life in
prison or 20 years to life on probation, and a fine up to $750,000.
Legal analysts say the favorable rulings could be of little use
because an earlier ruling allows the defense to introduce evidence
about the woman's alleged sexual activity around the time of her
encounter with Bryant. Prosecutors have appealed that ruling to the
Colorado Supreme Court.
"Keeping out her drug or alcohol or psychiatric records doesn't
give you another good fact; all it does is say there's some bad
facts that aren't going to come in," said Larry Pozner, former
president of the National Association of Criminal Defense Lawyers.
"It would have helped the defense to win it, but it's not
In another development that complicated prosecutors' task,
attorneys for the accuser filed a civil lawsuit against Bryant in
federal court earlier this week. Defense attorney Pamela Mackey
said in a filing made public Friday that the lawsuit showed the
woman was pursuing a false allegation in "the hope of a large
Prosecution spokeswoman Krista Flannigan declined to comment on
Friday's rulings, citing a gag order. She said prosecutors planned
to go to trial as scheduled. Jury selection is scheduled Aug. 27.
A transcript of a closed-door hearing, which prosecutors called
"extremely harmful," contains testimony from defense witness
Elizabeth Johnson on why she believed the woman had sex with
another man within 15 hours after her encounter with Bryant.
Prosecutors had cited the release of the transcript as a reason
for delaying the trial. They said the testimony, combined with a
gag order preventing them from rebutting it, threatened the chances
for a fair trial.
A court reporter had accidentally e-mailed the transcript to
seven news organizations, and Ruckriegle tried unsuccessfully to
prevent its publication.
Ruckriegle, however, said he saw no merit to prosecutors'
argument that the transcript's release should prompt a delay. He
said none of the information in the transcript had been ruled
irrelevant or inadmissible.
Ruckriegle also noted that the woman's attorneys "embarked upon
a media campaign," commenting on the merits of the case and
criticizing courthouse mistakes that led to the release and the
accidental posting of the woman's name on a state court Web site.
So much information about the case has already been reported in
the media that publicity about the transcripts does not justify a
delay, the judge said.
Former prosecutor Karen Steinhauser said prosecutors now must
ensure that the accuser is still willing to press the
"If she isn't -- and isn't committed to testify, I don't think
they have a chance for winning this case," she said.
Attorney Scott Robinson said Ruckriegle's decision to exclude
information about the woman's mental health could encourage her to
"The prosecution's case was extremely weak as it was," he
said. "They need every break they can get, and this is definitely