by Eugene on Thu Aug 05, 2004 1:09 pm
You can see David Stern's fingerprints all over this case, can't you?
The so-called experts handling the case "accidentally" releasing medical documentation, transcripts again and again. This case has more leaks than the Titanic. The leaks, in turn, forced the public to carry on their own trials, and with "one-sided evidence" as the prosecution asserts, it seems like Kobe has a strong case. It seems like he'll be acquitted with flying colors, so to speak.
That is, until, a mysterious woman suddenly pops up and claims that Bryant has made unwanted sexual advances upon her at Shaq's party. The same Shaq who just went through a very ugly divorce with Kobe Bryant. Now, O'neal may even be called into testify. Oh, did I mention that the two teams are playing on Christmas day?
Big Boss Stern has turned this incident into a marketing marvel for the NBA, no? The ratings for the Laker games skyrocketed after Kobe was accused of rape. Now, bringing in Shaq into the whole mess. He has Vince McMahon-like control over the whole league, doesn't he? Boss Stern, the Godfather, the Puppet-master, the Commish. And just when we thought he was losing his touch, allowing a San Antonio and New Jersey Finals.
Let no one be fooled. The Commish has all things very well in hand.
Now that we got all that controversy foolishness out of the way (and believe me, it is all foolishness).
It is an absolute travesty how this case turned out. So many mishandling of the relevant evidence lead to the trial actually being held before even the first day in court. There is no way that the jury pool will not be tainted, one way or another. The series of incompetence is so severe and so significant that it almost does seem like a conspiracy. Well, it's not. It's sad. It's a failure of the justice system.
Because there really can be no winners, whatever happens now. If the accuser does pull out of the criminal suit, then this changes the face of rape trial forever. Fewer women will be willing to come forward with rape charges, valid though they may be, because they fear such a public humiliation as the accuser suffered in this case. And even if the charges are consequently dropped, Kobe Bryant will be worse off because he will not be proved innocent. He will be innocent by default.
The only way, I've said before, that this can turn out good for Kobe Bryant is if the trial is carried through and he is acquitted on all charges and acquitted decisively. But if there is no trial, then there will still be doubt about Kobe's innocence. In fact, at this point, the trial is so tainted that his innocence will be doubted anyway.
The accuser cannot drop the charges now and follow with a civil suit without looking like a gold digger. Again, that will be a loss for other rape victims, because this case will set a precedent. If the accuser turns out to be a fraud, then that will cast a shadow on all the other rape victims, because all it takes is just one person. Whether she wanted it or not, by bringing this charge against Kobe Bryant, one of the most famous athletes in the world, she became a representative for alleged rape victims everywhere. And that is a problem in itself.
The public opinion will divide into two factions, 1: the stupid and foolish people who will say the woman dropped the charges because now she sees there's no chance for her to win and it's going to come out that she was lying (Wrong--there's no chance she'll get a fair trial, which proves in no way whether she was lying or not). And 2: the stupid and foolish who will say Kobe Bryant won the case because of his fame and stature. (Again, wrong--once the charges have been dropped, and Kobe is acquitted, but you still believe that Kobe is guilty, is that really a victory?)
The only winners of course, are the cynical, who've all gone on record as saying (and we have it all written down here at the forum, you know who you are) Kobe will get off whether he is guilty or not guilty. Because after all, this is Kobe Bryant and there's no way David Stern will let Kobe go to jail. I mean, this David Friggin Stern, for crying out loud.
All the best,
Eugene
The task of the artist is to translate for us the essence of things we take for granted.