|
|
Eagle County Judge Frederick Gannett could rule as early as Monday on whether Los Angeles Lakers superstar guard Kobe Bryant must stand trial on a felony rape charge.
Gannett's statement Wednesday came at the end of the second day of a preliminary hearing, a good portion of which was spent in the judge's chambers.
According to reports of the proceedings, members of Bryant's defense team went on the offensive, claiming they had "compelling evidence" of their client's innocence.
ADVERTISEMENT
That evidence reportedly includes the presence of semen belonging to someone
other than Bryant found on underwear worn by the alleged victim when she was
examined at a hospital the day after the June 30 incident at a posh resort west
of Vail. Ticketmaster
The revelation came six days after defense attorney Pamela Mackey suggested during the first day of the hearing that the alleged victim had sex with three different partners in as many days. District Attorney Mark Hurlbert immediately objected to Mackey's question and Gannett cleared the courtroom and ended the first day of the hearing.
The alleged victim is protected by Colorado rape shield laws, which the prosecution claimed Mackey tried to circumvent. On Wednesday, however, Gannett rejected a request by prosecutors that the hearing resume behind closed doors.
Back in open session, Detective Doug Winters of the Eagle County Sheriff's Department reportedly testified that the alleged victim told investigators she had consensual sex two or three days before the alleged incident and that her partner had worn a condom.
Under questioning by Mackey, Winters also testified that the night auditor at the Lodge and Spa at Cordillera told police the victim - an employee at the resort - did not appear upset or disheveled immediately after the alleged incident.
An examination of Bryant found no unusual marks or bruises that would indicate a struggle, Winters reportedly testified. The detective also said guests in a room above Bryant's told investigators they heard no signs of a struggle.
In closing statements, Mackey reportedly argued that the case is based entirely on hearsay, adding that prosecutors did not establish probable cause to send the case to trial.
Citing the presence of the victim's blood on Bryant's T-shirt, prosecutor Greg Chrittenden argued the burden of proof had been met.
At a brief news conference late Wednesday afternoon, Hurlbert noted the standard at a preliminary hearing is "very, very low," adding, "I am confident the judge will find probable cause and will bind this case over, and I am confident in the people's case vs. Kobe Bryant." Ticketmaster
Free on $25,000 bond, Bryant denies he raped the 19-year-old woman but has admitted to having consensual sex with her. Married with an infant child, he faces four years to life in prison if found guilty.
The 24-year-old Bryant was not with the Lakers for Tuesday's preseason loss to Phoenix in San Diego. He has practiced with the team but has yet to play in the exhibition season. His presence at these proceedings is mandatory because he is charged with a felony and is required by law to personally enter a plea.
Bryant's lawyers opted for the unorthodox move of requesting the preliminary hearing, which allowed the prosecution to introduce evidence that Mackey and the rest of the defense team could pick apart on cross-examination or at trial.
However, last week's testimony was highly graphic and damaging to Bryant's image, which has taken a huge hit since the incident.
Winters testified Thursday that the woman told him she kissed and hugged the player in his room for about five minutes before telling him she had to leave to finish her shift. Bryant began groping her, touching her breast. Ticketmaster
The testimony said the 6-7, 205-pound Bryant grabbed the woman by the neck with both hands and stood in front of the door to his room, blocking her path. He allegedly forced the woman frontward over a chair, raised her skirt, pulled down her underwear and had sexual intercourse with her.
The woman asked him to stop several times throughout the ordeal, Winters testified. Bryant also repeatedly told her not to tell anyone about the incident, and the woman told Winters she feared what Bryant would do if she did.
Bryant has admitted he is "terrified" of the outcome of the case.
One of the most popular and marketable sports figures, Bryant lost an endorsement deal with an Italian chocolate company. He has much more lucrative deals with McDonald's, Sprite and Spalding in addition to his six-year, $71 million contract, which expires in 2006.
Last season, Bryant was second in the NBA in scoring at a career-high 30.0 points per game and posted career bests with 6.9 rebounds and 5.9 assists. He scored at least 40 points in nine straight games and on March 5 became the youngest player to reach the 10,000-point plateau.
The son of former NBA player Joe Bryant, Kobe Bryant made the jump from high school in 1996. He was MVP of the 2002 All-Star Game in his native Philadelphia and has earned All-NBA first team honors each of the last two seasons.