Prosecutors will ask for Kobe dismissal — with a catch

Prosecutors will ask for Kobe dismissal — with a catch
D.A. reportedly wants the right
to refile charges at a later date
NBA star Kobe Bryant arrives at Eagle County Justice Center on Monday.
NBCSports.com news services
Updated: 4:55 p.m. ET Sept. 1, 2004EAGLE, Colo. -


Prosecutors have agreed to dismiss sexual assault charges against Los Angeles Lakers star Kobe Bryant with one big catch — they want the right to retry the case at a later date, NBC News has learned.

The prosecutors will move to dismiss the case "without prejudice", according to the report, which means they can refile the case later. It is not known whether or not the judge is inclined to accept the motion.

Attorneys for Bryant asked the judge to dismiss the case earlier in the day, saying prosecutors have refused to turn over details that could suggest he is innocent.

Court rules require prosecutors and defense attorneys to exchange evidence and witness opinions before trial, a process called discovery.

In a motion made public Wednesday, defense attorneys said a forensics expert whom prosecutors had planned to call as a witness had information that “undermined the accuser’s allegations and the prosecution’s case, and corroborated Mr. Bryant’s defense on a central issue — the cause and significance of the accuser’s alleged injuries.”

The filing said those opinions were not disclosed to the defense until they contacted the expert Friday, despite repeated requests to prosecutors for the information. Prosecutors have said they have turned over all information they were required to.

The judge gave prosecutors until Tuesday — the day opening statements are scheduled to begin — to respond to the defense motion.

“A person’s life and liberty are at stake,” the defense attorneys wrote. “The game of hide-the-ball, find-it-if-you-can discovery is intolerable.”

Defense attorneys asked that the judge either dismiss the case or bar prosecutors from introducing any expert testimony relating to the accuser’s injuries.

The motion does not identify the expert, but prosecutors this spring had said they planned to call former New York City medical examiner Michael Baden to testify about the woman’s injuries.

District Attorney Mark Hurlbert said during a July 19 hearing that he had decided against using Baden. He did not elaborate. Prosecution spokeswoman Krista Flannigan declined to comment, citing a gag order imposed by the judge.

The motion was first reported by ABC News, which cited unidentified sources who said Baden told prosecutors the woman’s injuries could have been caused by consensual sex. A message left for Baden was not immediately returned.

Motions to dismiss on the eve of trial are not uncommon and often are unsuccessful, said Scott Robinson, a defense attorney familiar with the case. He said the judge likely will schedule a hearing quickly because if such motions are granted after a jury is sworn in, charges cannot be refiled.

Bryant, 26, has said he had consensual sex with a then-19-year-old employee of a Vail-area resort where he stayed last summer. If convicted of felony sexual assault, he would face four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

Meanwhile, the last round of questioning of individual jury candidates resumed Wednesday. In all, 160 prospective jurors have been questioned through Tuesday with 40 more to go.

Open-court jury selection is expected to begin Thursday, with opening statements scheduled for Tuesday. The jury will include 12 panelists and two alternates.


Link

Nevermind, no catch.

Charges will be officially dismissed tomorrow.

This is getting riduculous. EXTREMELY. If it is found out that the prosecution has witheld this evidence and tried to hide it. Hulbert and his little people need to be disbard.

Sounds like a "clean catch" then.

So, is it official that it's being dismissed? Or is this speculation?

The Ticket radio is scooping it also, right now.

abcnews.go.com/sections/GMA/US/kobe_bryant_dismiss_040901-1.html


Motion to Dismiss
Prosecution, Alleged Victim Agree to Drop Charge Against Kobe Bryant

By Ellen Davis and Bill Redeker


E A G L E, Colo., Sept. 1, 2004 — Prosecutors will file a motion this afternoon to dismiss the sexual assault charge against Kobe Bryant, according to sources familiar with the case.

The motion will say that both the alleged victim and Bryant agree to the request. Prosecutors will ask that it be dismissed with prejudice, meaning that the charge can never be brought again.

The judge must approve the request in order for the case to be dropped..

The agreement came about, in part, because of the alleged victim's reluctance to testify, sources familiar with the case told ABC News

how much is kobe paying her?

ducks - he could have paid her a long time ago but didn't.

Try, the prosecution knew they were going to be embrassed in court, especially with Baden now on the defense's team.

Try the truth - Kobe never raped her in the first place.

ducks is right...civil trial is next.

It appears that this dismissal is "consensual".

Quote:

---

Try the truth - Kobe never raped her in the first place.

---

You were hiding in the closet? Awsome, you're like a ninja.

^^^
MAC loser...I mean loser. Try to convince corp America that MAC is cheaper, so far they havent figured it out yet.

Quote:

---

Prosecutors will ask that it be dismissed with prejudice, meaning that the charge can never be brought again.

---

There's conflicting reports on this, right?

Prosecutors are asking that it be dismissed without prejudice, so that it CAN be re-charged, right?

linux is cheaper the windows and mac
it is free
panther and x are built on linux
alot of corp america hd windows 2000
then bill gates got greedy and wanted corp america to always have to upgrade
so corp america is going to linux
there is alot of articles I can dig to prove this but I will not right now
there is some gov offices that have linux now



ps what has liking a mac have do with being a loser

if I like something and you do not does that mean I am a loser or does that mean you are a loser or does that mean neither one of us are losers because now we have a choise in which os we can use on our computers?

i think the prosecution should be using imacs.....wait....wtf is this thread about again?:p

there is a apple thread in the CLUB:eyebrow

Let's get back on topic.

I pray that justice have been served.

If I had to guess based on what I know, I'd say it has.

No civil suit agreement reached either.

Link

L. Lin Wood, an attorney handling the woman's federal civil lawsuit against Bryant, said that case was intact.

"There has been no settlement of the civil lawsuit and there have been no discussions concerning a settlement," he said as he stood in the hallway of the Eagle County courthouse. He declined comment when asked about the criminal case.

Hurlberts dumb ass will be holding a press conference not sure exactly at what time. Thats what i heard i dont know if thats really true.

Press conference in 30 minutes.

Celebrate, Laker fans, Celebrate.

:sleep

How convenient, just long enough for Kobe to miss the Olympics ;)

What fucking garbage.

All of this time, and things end like this? What a waste of taxpayer money.

they should have a trial anyhow
IMO

another millionaire gets off.

Celebrate oh celebrate.

Roger Cossack had great points


1. if this girl was THAT unstable why would you precede with charges???

2. The way this has been dissmissed almost borders on fishy.

3. If the evidence OR the case against Kobe was THIS weak, then IMO Kobe should sue the police, and demand an aplogy if the case is, that she made it up, wich IMO, the prosecuters found out and said, we cant take this to trial that all star team will kill us with this.

A waste of taxpayer's money, a waste of time, AND IF and I mean IF,

IF its found she made it up, I think ME and others owe Kobe Bryant an apology AND and the prosecuters should feel equally as guilty for dragging a guy's name through the street.

T_Park - well said. Props to you for posting such.

It's over...now let's get back to B-ball.:angel

so the charge was dissmiseeed

?

Go to cnnsi.com...it's clearly states that the charges will be dropped and the civil suit will continue....

Kobe's statements disturbed me.

Did the L.A. tv station interrupt programming like they do for a slow speed car chase?

Kobe's statement disturbs me too.

I thought it was consentual but now I realize that she didnt?

Um...thats rape Kobe.

Im not sure Shelly. I was stuck at work...had to go in right before 4pm this afternoon. So i was listening to the entire thing on the radio.

The Prosecution made him release that statement. I am quite sure that was part of the deal for the charge dropping.

Jim Gray was just on SC stressing what Sequ said - Kobe even said he didn't admit it but it was just a condition to charges being dropped. Not even his own words, he just signed it. The Weasel also stressed that Kobe would not settle a civil trial and will continue to fight. I have a feeling this may all go away.

And I can't stand Jim Gray but he's obviously well connected with Kobe.

Exactly.... the Defense Attorneys always say STFU. Its the unwritten rule. An attorney will walk if their client runs his mouth without being told.

"First, I want to apologize directly to the young woman involved in this incident. I want to apologize want to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colo.

I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case.

Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter.

I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado."

The statement isn't troubling to me. It simply concedes that perhaps, though she did not express it at the time, she didn't really want to have sex with Kobe. He can't be held responsible if she doesn't express her nonconsent, but he can be sorry and express his regret over the entire situation.

See, people, this is the gray area called "Reality" that rarely gets considered during these all-too-common "He's an evil selfish rapist"/"She's a lying money-grabbing whore" Media Circuses.

Quote:

---

Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did.

---

Translation:

Oops, I guess I did rape her. Luckily there isn't enough evidence. I'll learn from this and apply it to the next time.

:hat2

Sincerely,

The Kobster

The statement, Bryant's attorneys Pamela Mackey and Hal Haddon told ESPN's Jim Gray, was a condition of the woman withdrawing her testimony.

"Kobe was facing life in prison for a crime he did not commit," they told Gray. "The accuser insisted on that statement as the price for his freedom. The statement doesn't change the facts: Kobe is innocent and now he is free."

Translation - the apology was bullshit but a token move.