BUMP
Lawyers say Bryant defense may want public kept away
By Charlie Brennan, Rocky Mountain News
August 21, 2003
Kobe Bryant's lawyers may try to close his preliminary hearing to the media and public, according to lawyers fighting to unseal warrants and affidavits in the case.
Such a move would be rare, but Colorado law provides for a judge to consider such a request in felony sexual assault cases.
Hal Haddon, one of the lawyers representing the Los Angeles Lakers star, did not return a call seeking comment.
But Christopher Beall, a lawyer representing a consortium of eight media organizations covering the Bryant case, said Wednesday that he anticipates the request will be made.
"We have no independent reason to believe that, other than that we know who we're dealing with," said Beall, referring to Haddon and his co-counsel on the high-powered Bryant defense team, Pamela Mackey.
Already, Haddon and Mackey have argued without success to keep cameras out of the courtroom for recent Bryant hearings. They're also opposing media lawyers' efforts to win the unsealing of Bryant case file.
Rohn Robbins, a Vail attorney representing the Vail Daily in that publication's bid to open the Bryant court file, agrees with Beall that Haddon and Mackey will seek to close the hearing.
"The short answer is, yes," said Robbins. "To the extent that they've been protesting any media involvement, and they've been protesting the unsealing of the file, I expect they will object (to public access) on this, as well."
A preliminary hearing is the stage of a criminal proceeding in which prosecutors present evidence before a judge, who must then rule whether there is sufficient cause to bind a defendant over for trial at the district court level.
The preliminary hearing for Bryant, 24, is scheduled for Oct. 9 before Eagle County Judge Frederick Gannett.
Bryant remains free on $25,000 bond. He is charged with class 3 felony sexual assault for his alleged attack June 30 on a 19-
year-old Eagle woman employed at the Lodge & Spa at Cordillera in Edwards, while he was a guest there.
Robbins and Beall are both unaware of a Colorado case in which a judge closed a preliminary hearing to the public.
The law that creates that possibility "is a statute that was enacted by the legislature in an effort to protect victims' privacy rights" in 1992, said Beall.
Dan Recht, a Denver attorney and past president of the Colorado Criminal Defense Bar, said closing Bryant's Oct. 9 hearing to the public "would be extremely unusual. I've never seen it done, except in a juvenile case."
Recht said he, too, would not be surprised to see Bryant's lawyers ask that the hearing be conducted behind closed doors.
"Strategically, it makes sense that the defense would want it closed," said Recht.
"There's never been another case like this in Colorado, with such incredible media attention. So what has happened in the past is not necessarily an indication of what a judge would do in this case."
As for the sealed Bryant court records, several published reports Wednesday stated that Gannett has said he will rule on that issue today or Friday.
Gannett could not be reached for comment.
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