Wed Jul 23, 2003 2:15 am
Bryant accuser's injuries 'obvious'
Friend says she was hurt, 'no question'
EAGLE - The alleged victim in the Kobe Bryant sexual-assault case suffered obvious physical injuries that are still apparent three weeks after the incident, a friend told The Denver Post on Monday.
"She had been hurt, there's no question about it," said Luke Bray, a high school friend who said he has helped take care of the woman since the June 30 incident.
Bray's remarks are the first confirmation of the physical evidence that Eagle County District Attorney Mark Hurlbert alluded to when he charged Bryant with one count of felony sexual assault Friday.
Bray would not discuss the specific injuries because he said the woman's attorney, Rob Wheeler, advised him not to.
Attorneys representing Bryant - Hal Haddon and Pamela Mackey - could not be reached late Monday.
The mother of the alleged victim has asked her daughter's friends to stop talking with reporters, but not before the woman's purported picture, address, phone number and e-mail address began circulating on the Internet. The photo being circulated, however, is actually of someone else, a former classmate said Monday.
"Her parents are afraid for her because she's received threats," said one family friend who asked not to be identified. "They've kind of asked everyone to step back a little bit and let things cool off."
Outraged basketball fans have e-mailed death threats to the woman, Bray said.
The 19-year-old woman has been the subject of intense media attention since July 6, when the Eagle County Sheriff's Office announced it had arrested Bryant two days earlier. The arrest stemmed from an alleged sexual assault at the Lodge & Spa at Cordillera in Edwards, where Bryant was a guest and the woman worked.
Bryant said Friday that he had consensual sex with the woman.
The charge against the Los Angeles Lakers star carries a prison term of four years to life.
Family friends said the woman's mother called them Sunday to ask that they lower their profile. Some of the woman's friends began speaking out in her defense because they thought her side had not been fairly represented.
Mainly, her parents were concerned that a picture of the girl would eventually find its way into the public spotlight, the family friend said. After the request, the friend canceled three nationwide TV interviews and stopped speaking to print reporters.
Nearly a dozen of the woman's friends and former classmates have appeared on national TV news shows such as "Primetime," "Good Morning America," "Today," "American Morning" and "Fox News: Big Story Weekend with Rita Cosby."
Some of the friends have supported the woman, saying they believed her allegation. Others said they didn't think she was telling the truth and was just trying to grab her 15 minutes of fame.
Despite the mother's concerns, a picture that was purported to be of the woman began circulating as early as Friday on at least three websites.
But Janelle Medina, 19, who attended Eagle Valley High School and was in the choir with the alleged victim, said the photo is of another girl with the same first name.
Internet user "Dudemac" posted what he claimed are three pictures of Bryant's accuser on two websites. The pictures included two from prom night at Eagle Valley High School and one of the cheerleading and dance team of which the woman was a member.
In a chat room on the site, "Dudemac" refused to provide his name or a phone number.
"She is 19, and I really do not think it's cool for her to accuse him and not be in the news herself," Dudemac wrote.
While mainstream media outlets do not generally name victims of sex crimes, posting the woman's name or picture on the Internet does not violate the law, said Chris Beall, a Denver lawyer specializing in media law.
David Feingold, creator of the Boston-based website Freekobe.com, said he knows the woman's name and has seen pictures of her but chose not to publish them. Since Friday, he also has tried to immediately take down messages from bulletin boards if they include any reference to her name, her address or her picture. But the volume is so heavy, he hasn't been able to keep up, he said.
"I do believe that it's in wide circulation, but we try to take it down," Feingold said. "I don't want to have any part of that."
Even as her name spreads across the Internet, almost everyone in Eagle, a small town of 3,700 people, knows who she is.
Meanwhile, the Eagle County District Attorney's Office declined to comment Monday about revelations that the woman suffered a drug overdose in the months before the incident.
Bryant is due back in Colorado for an advisement hearing Aug. 6.
Wed Jul 23, 2003 6:53 am
Wed Jul 23, 2003 7:21 am
Wed Jul 23, 2003 7:51 am
ruffryder8 wrote:Thats bs. She freakin overdosed on drugs a month ago, she also was mourning the loss of one of her friends. Is there proof that this isnt a well thought out plan to nail a rich guy. She coulda caused the injurys to herself so she could have an advantage. She could have told her friends what to say and what not to.
Trial judge could rule out testimony about overdose
By Howard Pankratz, Denver Post Legal Affairs Writer
A Colorado jury may never hear that the woman who says she was sexually assaulted by basketball star Kobe Bryant had overdosed one to two months before the alleged attack, lawyers said Monday.
The 19-year-old college student suffered the overdose after a close friend died in a car accident and after learning that her high school sweetheart was dating another woman, another friend told The Denver Post.
Lawyers say Colorado judges, following a long tradition of protecting sex-assault victims, may find that the incident has no bearing on the woman's accusations against Bryant. She says Bryant attacked her June 30 at the Lodge & Spa at Cordillera, where she works as a receptionist and concierge.
Defense lawyer Bob Ransome said it will be difficult for Bryant's lawyers to get a judge to allow the information into court.
"There are simply no rules on that," Ransome said. "That is simply a discretionary thing with the judge. I will tell you one thing - victims are really protected by the courts, almost overprotected."
Former Denver prosecutor Karen Steinhauser, now a visiting professor at the University of Denver Law School, said the defense might try to introduce the overdose as a way to question the woman's credibility.
But Steinhauser said she doesn't believe the incident affects the woman's credibility or what occurred June 30.
"I don't believe because someone has gone through a bad time and may have taken an overdose now means we have to question their ability to tell the truth," Steinhauser said.
State law is clear that before defense lawyers can admit evidence, they must show that its relevance outweighs any prejudicial value, said Peter Weir, executive director of the Colorado District Attorneys' Council.
"It just can't be character assassination," he said. "They've got to be able to show some nexus to the case at hand and why it is important to put that information before the jury - whether previous sexual conduct, previous mental health history, drug use or whatever."
But Larry Pozner, a Denver- based lawyer and former president of the National Association of Criminal Defense Lawyers, said the overdosing allegation should be admitted at trial because it speaks directly to the woman's credibility and mental stability.
"A physically healthy 19-year- old who overdoses either is irrational - she has lost touch with reality - or if it is a cry for help, it is an absolute stunning cry for attention," he said.
Pozner said the overdosing revelation could be "devastating" to prosecutors, who on Friday filed a Class 3 felony sexual-assault charge against Bryant. If convicted, Bryant would face four years to life in prison.
Pozner said a jury will want to know everything about Bryant's accuser before deciding whether they believe her.
The actions of the woman when confronted with stressful situations indicates she reacts in unusual ways, Pozner said.
"If it was a fake suicide attempt, it is the ultimate attention-getting device," the lawyer said. "If it wasn't an attention-getting device ... how disturbed is she? It's a sign of irrational behavior and a break with reality. That is admissible when you ask a jury to believe this woman's testimony beyond a reasonable doubt."
Both Pozner and Ransome noted that the woman auditioned for the TV-reality show "American Idol."
"If a victim in this type of case had a propensity to be seeking publicity, that would be something very, very important to me as a defense attorney," Ransome said. "It is a possibility that this person was seeking the limelight and may find any way that she can to become a public persona. To me, it casts a shadow on the government's case, if it is true."
For almost 30 years, Colorado law has protected alleged sexual- assault victims from gossipy, malicious allegations about their sex lives, a step taken after years in which sex-assault victims were faced with horrible character assassination if they dared come forward.
Now, defendants can raise the sexual history of their accusers in only the rarest of cases.
And beyond sexual histories, Colorado judges tend to protect alleged sex-assault victims from other allegations about their lives when prosecutors claim they have no bearing on the assault allegations, the lawyers said.
Steinhauser said the change in judicial mood came in 1975 with the enactment of Colorado's rape shield statute. Before that, rape victims - rather than the accused - were the ones who often found themselves on trial. It also followed an era when some male judges made inappropriate comments that women were inviting a rape by the clothing they wore or being out late.
"The philosophy of the rape shield law is that historically, rape victims had been subject to horrible character assassination - their past sexual history, if they slept with anybody," Steinhauser said. "Everything was allowed to come in."
Wed Jul 23, 2003 10:41 am
Wed Jul 23, 2003 10:49 am
ruffryder8 wrote:Thats bs. She freakin overdosed on drugs a month ago, she also was mourning the loss of one of her friends. Is there proof that this isnt a well thought out plan to nail a rich guy. She coulda caused the injurys to herself so she could have an advantage. She could have told her friends what to say and what not to.
Wed Jul 23, 2003 11:00 am
Bryant Accuser's Friend: Signs of Attack
By COLLEEN SLEVIN
Associated Press Writer
EAGLE, Colo. (AP) -- The 19-year-old woman who accused Kobe Bryant of sexually assaulting her had "visible evidence" of the alleged attack a week later, one of her friends said Tuesday.
Luke Bray declined to be more specific out of respect for his friend and her family.
"There is visible evidence of what happened," he said.
Eagle County sheriff's spokeswoman Kim Andree declined comment on Bray's statement. Neither prosecutor Mark Hurlbert nor Bryant's attorneys returned telephone messages seeking comment.
Hurlbert has said he believes he has enough physical and testimonial evidence to prove the case beyond a reasonable doubt.
The 24-year-old Bryant was charged with one count of sexually assaulting the concierge at an exclusive mountain resort last month. He said the sex was consensual and that he only committed adultery.
The Los Angeles Lakers star is free on bond pending an Aug. 6 court hearing during which he will be formally advised of the charge against him.
An Eagle County district judge has sealed most documents, including the arrest affidavit, details of the physical evidence and other information. The Denver Post, the Los Angeles Times, NBC and the Vail Daily have asked a district judge to release some of the material.
The alleged victim is a college student who took a summer job at the Lodge & Spa at the Cordillera in nearby Edwards. Friends say she is an energetic former cheerleader known for her love of music. She once tried out for the television program, "American Idol."
Bray, 21, said he saw the woman about a week after the alleged assault on June 30. "She was still shaken up. She was pretty much in denial," he said. "She couldn't believe it."
He said the woman was also at his house Friday to watch news conferences where Hurlbert announced the charges and Bryant admitted adultery and apologized to his wife.
"She couldn't believe that his wife was sitting there and apparently didn't care about adultery," Bray said.
Sara Dabner, 17, who sang in the Eagle County High School choir with the woman, asked: "Why would a woman put herself through all of this - having people call her names? I think she just wants to see justice done. She's not trying to drag him through the dirt."
Wed Jul 23, 2003 11:06 am
Sara Dabner, 17, who sang in the Eagle County High School choir with the woman, asked: "Why would a woman put herself through all of this - having people call her names? I think she just wants to see justice done. She's not trying to drag him through the dirt."
Wed Jul 23, 2003 12:32 pm
Wed Jul 23, 2003 2:29 pm
Wed Jul 23, 2003 2:41 pm
Her OD may question her stability so Bryant may have a chance with this...
Oh Mr. Cochran.... Where's Johnny, Where's Johnny, Where's Johnny, Where's Johnny, Where's Johnny, Where's Johnny, Where's Johnny,
Johnny Cochran, come work a miracle.
I'll go against what I just said ....it could be a frame up, she might have told Kobe she liked rough sex so he'd bruise her or something. *shrug*
Wed Jul 23, 2003 5:29 pm
For the last time CRIMINAL trial...NOT civil....and if she wanted money, she would have it by now, and would whatever amount of money be worth the death threats and negative things everyone's saying about her?
It shouldn't though. It shouldn't in any rape case, because that basically assumes anyone with a history of drug problems or someone who is promiscuous cannot be raped.
Wed Jul 23, 2003 7:38 pm
And as for those of you who continue to statedly reject the notion that Kobe's accusor is a gold-digger, keep in mind she's retained the services of Georgetown attorney Bob Wheeler, who has certainly advised his client to keep quiet, even if it means rejecting a $10,000 interview. First, $10,000 is chump change in comparison to what she could extract from Kobe after a successful lawsuit. Also, accepting a paid interview would probably cause irreperable damage to her credibility, (then she would be a gold-digger) and could even jeopardize Mark Hurlbert's capacity to prove the case beyond a reasonable doubt.
Instead, if neither the physical evidence nor the witness testimonials (the two most substantive factors in trial law) can definitively sway the jury either way, (which would effectively reduce the case to a "he-said, she said" crapshoot) credibility will be paramount.
Wed Jul 23, 2003 8:21 pm
Wed Jul 23, 2003 10:40 pm
mac dady wrote:Even if Kobe gets away with this he would still be remebered with this incident.
Wed Jul 23, 2003 10:41 pm
Wed Jul 23, 2003 11:07 pm
When he plays to a city like denver, utah were people are conservative, he could recieve an unpleasant welcome.
DENVER (AP)— By insisting he only "made the mistake of adultery," Kobe Bryant left prosecutors with the challenge of proving he forced a woman to have sex with him.
"He said, she said" cases can be the toughest for prosecutors, said Steve Kron, a longtime sports criminal defense attorney in Los Angeles.
"How do they prove it's not consensual?" he said. "It's hard to prove (with) two adults in a room having sex that the sex was not consensual.
"Do you have witnesses or physical evidence? Was she bruised, scratched, injured in some fashion?"
The sad thing is if she loses, she's probably going to be labelled a gold-digger even if the claims are genuine and not vindictive.
Thu Jul 24, 2003 5:34 am
There's a possibility she is a gold-digger. But just because Kobe has a clean past doesn't mean he's automatically innocent or that the girl is a gold-digger. As I said before, the truth could lie between both sides - she genuinely feels she was raped, but that cannot be proven in a court of law.
Of course. But you can't immediately dismiss the case based on her credibility. There's enough evidence for the matter to be taken this far, it would be wrong to throw it out simply because of someone's past. As I said before, you couldn't (or perhaps shouldn't is a better word) dismiss charges of rape simply because a woman has been promiscuous in the past - to suggest that because she's had several sexual partners, she cannot be raped. That's not the case here of course, it's just a scenario. But it's the same idea, allowing a person's character to get in the way of other evidence.
Thu Jul 24, 2003 8:13 am
You're slightly off-base here, Enahs Live ... civil suits generally aren't filed until the matter is resolved through criminal proceedings, so she certainly won't have a wad of settlement cash right now.
And as for those of you who continue to statedly reject the notion that Kobe's accusor is a gold-digger, keep in mind she's retained the services of Georgetown attorney Bob Wheeler, who has certainly advised his client to keep quiet, even if it means rejecting a $10,000 interview.
First, $10,000 is chump change in comparison to what she could extract from Kobe after a successful lawsuit. Also, accepting a paid interview would probably cause irreperable damage to her credibility, (then she would be a gold-digger) and could even jeopardize Mark Hurlbert's capacity to prove the case beyond a reasonable doubt. In any case, I can't say with strict certainly that this woman's solely out to exploit Kobe Bryant, but I'd be highly surprised if we didn't see a civil suit within the next year.
Physical Injuries a week later..................ok.................so your telling me that injuries dont show up for a week ok.
Its very possible she could of just done these to herself, and they've lasted three weeks, yer right! they would not last that long if anything did happen.
Her OD will not help, because people would see her as a unstable person, which is another reason to say she has set all this up. and her statement made no sense at all. "He was being all nice and laid back and kobe like, then he all of a sudden snapped and went crazy and forced himself onto me"
Now seriously, who the hell would believe that!!!
Kobe has had no history of ever being a psycho of some sort or even get a parking fine.
This girl has had a miserble stressful last couple of months with the drugs overdose and her friend dying, which can cause depression which can make people say and do stupid things, and also lie just for attention. Im sorry, but i cant see Kobe guilty in this.
Thu Jul 24, 2003 9:27 am
Thu Jul 24, 2003 9:38 am
The distinction I made was more for the people who are saying that all she wants is money...well, if all she wants is money, why is she destroying another man's life by putting him on trial unless she genuinely was raped? She'll get loads of money regardless of the outcome simply because of interviews post-trial and what not.
To me, those are the gold-diggers, the ones that are willing to settle out of court....the ones that aren't are the ones that are willing to take the proverbial shot in the mouth and press charges.
However, it'd be bad business practice for a lawyer to take on a case on behalf of the victim if they were lying, and if I'm not mistaken, Bob Wheeler's a well-known lawyer.
Thu Jul 24, 2003 9:57 am
I agree, she'll have plenty of opportunities to bring in some post-trial bank ... but of course, she wouldn't have this money "regardless." Remember, she first had to perpetuate the allegations against Bryant, and in the process, "destroy his life," as you say
It seems to me, though, that she could've retroactively decided, "Hey, Kobe and I had sex/Kobe raped me, and looking at it now, everything seems to fit just right. Why don't I get compensated here?" Ultimately, we don't know her true intentions on the matter, so we're only left to speculate on what we do know. That said, what do we know?
Enahs Live, maybe you're not making this associating directly, and maybe not even at all, but to assert that Katelyn Farber's claims have absolute legitimacy simply because she hired a high-profile attorney, and because it shows poor judgment for a high-profile attorney to represent a lying client is a post hoc fallacy.
I do agree with your above quotation, but what do you think the chances are of this woman prefacing her situation to Wheeler with, "Hey, everything you've heard from me is a lie, Kobe's innocent as can be, but if there's money to be made for us, then let's go make it!"? There's a lot of uncertainties here, but the one constant in this case from here on out will be the stories we hear from both sides, regardless of who they're telling them to.
Thu Jul 24, 2003 3:15 pm
Kobe's on trial, yet you act like he's the one who was raped. I'll say it again...get your priorities straight....
However, it bothers me that pretty much everyone assume's he's innocent simply because of his public image or because they're a fan of Kobe Bryant.
Thu Jul 24, 2003 7:11 pm
Her OD will not help, because people would see her as a unstable person, which is another reason to say she has set all this up.
"He was being all nice and laid back and kobe like, then he all of a sudden snapped and went crazy and forced himself onto me"
Now seriously, who the hell would believe that!!!
Kobe has had no history of ever being a psycho of some sort or even get a parking fine.
This girl has had a miserble stressful last couple of months with the drugs overdose and her friend dying, which can cause depression which can make people say and do stupid things, and also lie just for attention.
Kobe is never welcome in cities where he scores over 40 every time
But she's a regular person & maybe sick, not known in the whole country like Bryant is, who would care in 2 months when they see her around? However, all of us will keep this in memory if Bryant is found guilty.
however, if neither side can produce evidence that's compelling enough to the jury, then we'll be left to sit back and watch Hurlbert, Mackey, Haddon, etc. go digging for skeletons.
You don't have any reasons to say Kobe's guilty, nor do you have any reasons to say he's innocent. Wait till the trial and stop assuming that the woman is out to get money or knock Kobe off his pedestal. Kobe's already done that himself by commiting adultery in the first place, let alone being charged with rape.
to all that will contribute to this discussion- please don't pick apart shane's latest post to look for grammar/spelling mistakes so you can present an argument. if you will retort, please post something valid and relevant
That's pretty much my point; none of us know anything, we can only speculate. However, it bothers me that pretty much everyone assume's he's innocent simply because of his public image or because they're a fan of Kobe Bryant.
Thu Jul 24, 2003 11:11 pm