kobe's case update

[mikeOG]

just a little update on the kobe case..well apparently the girl accusing kobe of rape is a schizo and falsely accused others of rape before this. cant believe this case went on after the prosecution knew about all of this BS. The colorado police dept. also violated kobes miranda rights   This case is gettin pathetic by the day..more in the article:

http://www.denverpost.com/Stories/0,1413,36%257E28682%257E1833398,00.html


Bryant's attorneys call charge a cry for attention
Sex-assault allegation fits woman's MO, defense says



The woman accusing Kobe Bryant of sexual assault attempted suicide twice to gain the attention of her ex-boyfriend, demonstrating a modus operandi for falsely accusing the basketball star, Bryant's attorneys claimed in court documents released Monday.

The defense's portrayal emerged in a flurry of court filings released to the public in a single day. Bryant's attorneys also requested an evidentiary hearing into the woman's sexual conduct before and after the June 30 incident, and asked that much of the evidence against Bryant be suppressed.

"Team Kobe is throwing the whole kitchen sink at the prosecution and at the court," said former Denver prosecutor Craig Silverman.

Meanwhile, prosecutors filed their own motion seeking to measure the span of Bryant's hand, which the woman reported was "bigger than usual" and capable of nearly encircling her neck during the alleged attack.

Bryant, 25, an all-star guard for the Los Angeles Lakers, has admitted to committing adultery - but not sexual assault - in the incident at the Lodge & Spa at Cordillera near Edwards. He is expected in Eagle on Friday for a motions hearing that could set the tone and legal framework for an eventual trial.

The hearing is expected to deal with previously raised issues, such as defense access to the woman's medical records and records of discussions with a sexual-assault counselor. But the 15 additional motions filed Monday raise entirely new and critical arguments about the case.

Defense attorneys Pamela Mackey and Hal Haddon requested a hearing into the woman's sexual conduct before and after the encounter with Bryant. It was the first written suggestion that they believe she had sex soon after the encounter with Bryant.

The defense requested that Judge Terry Ruckriegle pierce the state rape-shield law - which generally prohibits introduction of the sexual history of an alleged rape victim - and challenged the very constitutionality of the law itself.

Mackey and Haddon challenged the admissibility of Bryant's surreptitiously recorded statements to investigators. They also challenged the search-warrant seizure of the bloodied T-shirt he was wearing during the encounter.

Bryant's attorneys also attacked the 19-year-old accuser's credibility by contending that her purported previous suicide attempts, on Feb. 23 and May 30, and her prescription for anti-psychotic medication cast doubt onto whether she was actually sexually assaulted or just seeking attention because of a psychological disorder.

Mackey disclosed that the defense theory is that the woman made false allegations in the case against Bryant "in order to gain the attention of her ex-boyfriend without regard to the harm and worry that causes to other people," just as she did in the suicide attempts.

"The pattern of attention-seeking conduct established by the accuser during the suicide attempts is substantially similar to her conduct of June 30," Mackey wrote.

"This evidence makes it more probable that the accuser's allegations are false and are merely a continuation of her pattern of engaging in extreme, dangerous, attention-seeking behavior...," the attorney continued. "Her behavior and treatment with an anti-psychotic drug also make(s) it more probable that she is not to be believed."

Denver defense attorney Larry Pozner said the rape-shield law won't cloak suicide attempts and recalled publicized reports from a February incident at the University of Northern Colorado when the woman, who attended classes there, was held "as a danger to herself."

"A lot of 19-year-olds do a lot of foolish things. ... There are very few that have been taken into custody by campus police for their own safety," he said.

Prosecutors contend that Bryant turned a consensual makeout session in his room into a sexual assault when he forcefully bent the woman over a chair, lifted her skirt and raped her, despite her protests.

But in a preliminary hearing split over two days in October, defense attorneys elicited testimony that another man's semen and pubic hair were found in the panties that she wore to the sexual-assault exam the next day - separate from the panties she wore the night of the encounter with Bryant.

"What you hear classically in sex assault cases is, 'I went home and took a shower. I went home and couldn't have sex for months after.' I don't think I've ever heard a sexual assault complaining witness say, 'I went home and had consensual sex,"' Pozner said.

Prosecutors undoubtedly will challenge the admissibility of that evidence under Colorado's strong rape-shield law.

"The reason why we keep victims' privacy in sexual-assault cases and don't bring things like past sexual history into it is because for many years, that was the main defense," said Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault. "You could drag a woman's reputation through the mud, whether or not it had anything to do whatsoever with the case. It doesn't have anything to do with what happened that night. The facts of any case need to be kept to the facts of that specific case."

In one motion, though, Bryant's attorneys challenged the very constitutionality of the rape-shield law, claiming it is unfair to those accused of sexual assault.

"All of his prior inappropriate sexual conduct is presumptively admissible. All of her prior inappropriate sexual conduct is presumptively inadmissible. It's a double standard in the law," Silverman said.

Legal experts were not aware of any court ever overturning a rape-shield law, and Colorado's Supreme Court has previously upheld the law in the face of such legal challenges.

In other filings released Monday, prosecutors asked for hearings on any possible defense efforts to raise allegations of drug use or other sexual-assault reports by the woman.

Krista Flannigan, spokeswoman for District Attorney Mark Hurlbert, said such motions are routine fishing expeditions and not indicative of any knowledge that the woman has ever filed a false report or was using drugs at the time.

Flannigan declined to comment on the huge wave of defense motions, saying only that prosecutors will have a chance to respond and make arguments in court.

Karen Steinhauser, a former Denver prosecutor and now an adjunct law professor at the University of Denver, said Mackey and Haddon are doing what any good lawyers would be doing.

"They are filing all the appropriate motions. They are attacking the credibility of the victim, and they are doing it in multiple ways," Steinhauser said. "They are trying to argue that this person shouldn't be believed. ... It is fair to file these motions. It is absolutely proper."

[Smoke]

Pathetic. Expect the bitch to make commercials about lingerie in the next months.

[Don Jacob]

^ha, yeah that or pose for hustler fucking a black dude

[Smoke]

Yeah.

[dexter]

Kobe's going 2 the big house.

[OpTiCaL]

I hate this...


...such cases shouldnt be made so public before the detailshave been researched etc...

...this is one of the worst things  as a woman i could imagine happening to me but the system at the moment is such that the "defendant"  is named, shamed and basically may as well be guilty because the media make it so difficult to see a clear picture...

...perhaps anonymity of both parties until the very late stages of the trial proceedure or a media ban until then would aid in a fair portrail of both parties...

...so that all the information is divulged in one go and not just bits and pieces here and there...something else being uncovered about the case or background or the people every day to swing the view...

..i have no idea with the kobe case, i havent been following it at all, but i hope he is innocent for the sake of him, his family friends, his team, basketball in general  (dont want it to get like the football scandals here where drink fuelled outrageous partying leads to inevitable gang bang / rape stories, so much so its almost expected and a party of the "lad" culture)