ducks
07-31-2003, 06:19 PM
EAGLE, Colo. (AP) _ A judge rejected Kobe Bryant's request to skip next week's initial court appearance in his sexual assault case, his attorney said Thursday.
Hal Haddon said the request was filed Thursday morning and rejected a few hours later by Judge Fred Gannett. Haddon commented during a break in a hearing on a media organization request to see sealed court records in the high-profile case.
Chris Beall, representing several media organizations, argued the NBA superstar waived his right to privacy when he declared his innocence at a news conference hours after the sexual assault charge was filed.
Beall said the presumption of public access to court records is ``a hallmark of our judicial system.''
``Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution,'' he said in a courtroom filed with reporters.
``The defendant has asserted that the release of the arrest warrant and search warrant affidavit will harm his right to privacy,'' he said. ``However, the defendant has made admissions on international TV of a sexual relationship he says was consensual with the victim. That statement is a waiver of his right to privacy with respect to those facts.''
District Attorney Mark Hurlbert and defense lawyers have argued the records should be withheld because publicity could affect Bryant's right to a fair trial.
The judge said he would not rule before Bryant's court appearance Wednesday.
Bryant is charged with sexually assaulting a 19-year-old woman. The 24-year-old husband and father of one says he had sex with the hotel worker but denies he sexually assaulted her. He is free on $25,000 bond.
Much of the information about the allegation against the Los Angeles Lakers star has been sealed, such as the arrest affidavit and court records that could provide clues to the evidence.
Gannett has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial.
Gannett also has warned organizations not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom.
Hurlbert has said he had both physical and testimonial evidence to prove the case. He said Bryant forced the victim into ``submission'' through physical force but refused to disclose other details. scoop (http://sports.espn.go.com/sports/gen/wire?messageId=18633883)
Hal Haddon said the request was filed Thursday morning and rejected a few hours later by Judge Fred Gannett. Haddon commented during a break in a hearing on a media organization request to see sealed court records in the high-profile case.
Chris Beall, representing several media organizations, argued the NBA superstar waived his right to privacy when he declared his innocence at a news conference hours after the sexual assault charge was filed.
Beall said the presumption of public access to court records is ``a hallmark of our judicial system.''
``Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution,'' he said in a courtroom filed with reporters.
``The defendant has asserted that the release of the arrest warrant and search warrant affidavit will harm his right to privacy,'' he said. ``However, the defendant has made admissions on international TV of a sexual relationship he says was consensual with the victim. That statement is a waiver of his right to privacy with respect to those facts.''
District Attorney Mark Hurlbert and defense lawyers have argued the records should be withheld because publicity could affect Bryant's right to a fair trial.
The judge said he would not rule before Bryant's court appearance Wednesday.
Bryant is charged with sexually assaulting a 19-year-old woman. The 24-year-old husband and father of one says he had sex with the hotel worker but denies he sexually assaulted her. He is free on $25,000 bond.
Much of the information about the allegation against the Los Angeles Lakers star has been sealed, such as the arrest affidavit and court records that could provide clues to the evidence.
Gannett has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial.
Gannett also has warned organizations not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom.
Hurlbert has said he had both physical and testimonial evidence to prove the case. He said Bryant forced the victim into ``submission'' through physical force but refused to disclose other details. scoop (http://sports.espn.go.com/sports/gen/wire?messageId=18633883)