KoriEllis
09-03-2003, 06:48 PM
Wednesday, September 3
Associated Press state and national wires with news and sports coding.
DENVER (AP) _ Authorities looking to arrest Kobe Bryant on a sexual assault charge also wanted to charge him with false imprisonment, according to a copy of the arrest warrant unsealed Wednesday.
The warrant was among a handful of records in the case against the NBA superstar that were unsealed by an Eagle County judge. The records contain few details, but provide a glimpse of how authorities put together their case.
Bryant, 25, is charged with raping a 19-year-old employee at a Colorado resort where he was staying June 30. Bryant has said the two had consensual sex, and an Oct. 9 preliminary hearing will determine whether the case will go to trial.
Authorities have not said what allegedly happened in Bryant's hotel suite.
While the Los Angeles Lakers guard was only charged with sexual assault, the July 3 arrest warrant said there was ``probable cause'' Bryant was also guilty of false imprisonment, a misdemeanor punishable by up to a year in jail.
The decision to charge Bryant with only the sexual assault count was made by Eagle County District Attorney Mark Hurlbert.
``You file charges on things you believe you have enough evidence to prove beyond a reasonable doubt,'' said Hurlbert's spokeswoman, Krista Flannigan.
A legal expert said the prosecutor probably dropped the charge to make sure a jury would not have the option of convicting Bryant of false imprisonment and acquitting him of the more serious assault charge.
``The jury won't know it's a class 2 misdemeanor, and won't even know it's a misdemeanor,'' Denver criminal defense attorney Dan Recht said.'' False imprisonment has a serious ring to it.''
Conviction on the sexual assault charge could bring a sentence of four years to life in prison or 20 years to life on probation.
Another unsealed document says police obtained samples of physical evidence from Bryant, including his clothing. Specific types of evidence were not listed, but Recht said it could include blood, pubic hair or genetic material.
``This is very routine, it happens in most sexual assault cases,'' Recht said. ``Frankly, given that he is admitting that he had intercourse with her, it's pretty meaningless.''
Calls to Bryant's attorneys and the Eagle County sheriff's office were not returned.
Also unsealed was a judge's order allowing Bryant to leave Colorado on July 4, about a half-hour after he surrendered to authorities. Bryant remains free on $25,000 bond.
Richard Jordan of ABC Bonding _ the first bail bond company listed in the Eagle County phonebook _ met with Bryant that day. Jordan said he saw Bryant, but would not discuss what he saw or heard.
An ``X'' appears in place of Bryant's signature on the bonding document.
Earlier this week, media organizations filed notice that they will appeal Judge Frederick Gannett's order to withhold from the public most of the detailed court records in the case, including affidavits in support of both the arrest warrant and the search warrant.
Prosecutors have said they will not appeal Gannett's order. Bryant's attorneys have not indicated their plans.
Associated Press state and national wires with news and sports coding.
DENVER (AP) _ Authorities looking to arrest Kobe Bryant on a sexual assault charge also wanted to charge him with false imprisonment, according to a copy of the arrest warrant unsealed Wednesday.
The warrant was among a handful of records in the case against the NBA superstar that were unsealed by an Eagle County judge. The records contain few details, but provide a glimpse of how authorities put together their case.
Bryant, 25, is charged with raping a 19-year-old employee at a Colorado resort where he was staying June 30. Bryant has said the two had consensual sex, and an Oct. 9 preliminary hearing will determine whether the case will go to trial.
Authorities have not said what allegedly happened in Bryant's hotel suite.
While the Los Angeles Lakers guard was only charged with sexual assault, the July 3 arrest warrant said there was ``probable cause'' Bryant was also guilty of false imprisonment, a misdemeanor punishable by up to a year in jail.
The decision to charge Bryant with only the sexual assault count was made by Eagle County District Attorney Mark Hurlbert.
``You file charges on things you believe you have enough evidence to prove beyond a reasonable doubt,'' said Hurlbert's spokeswoman, Krista Flannigan.
A legal expert said the prosecutor probably dropped the charge to make sure a jury would not have the option of convicting Bryant of false imprisonment and acquitting him of the more serious assault charge.
``The jury won't know it's a class 2 misdemeanor, and won't even know it's a misdemeanor,'' Denver criminal defense attorney Dan Recht said.'' False imprisonment has a serious ring to it.''
Conviction on the sexual assault charge could bring a sentence of four years to life in prison or 20 years to life on probation.
Another unsealed document says police obtained samples of physical evidence from Bryant, including his clothing. Specific types of evidence were not listed, but Recht said it could include blood, pubic hair or genetic material.
``This is very routine, it happens in most sexual assault cases,'' Recht said. ``Frankly, given that he is admitting that he had intercourse with her, it's pretty meaningless.''
Calls to Bryant's attorneys and the Eagle County sheriff's office were not returned.
Also unsealed was a judge's order allowing Bryant to leave Colorado on July 4, about a half-hour after he surrendered to authorities. Bryant remains free on $25,000 bond.
Richard Jordan of ABC Bonding _ the first bail bond company listed in the Eagle County phonebook _ met with Bryant that day. Jordan said he saw Bryant, but would not discuss what he saw or heard.
An ``X'' appears in place of Bryant's signature on the bonding document.
Earlier this week, media organizations filed notice that they will appeal Judge Frederick Gannett's order to withhold from the public most of the detailed court records in the case, including affidavits in support of both the arrest warrant and the search warrant.
Prosecutors have said they will not appeal Gannett's order. Bryant's attorneys have not indicated their plans.