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The Women in the Kobe Bryant Case

We have to admit, other than Hunter Thompson writing for ESPN, who we read religously, we've haven't had much exposure to sports writers. In fact, we've read more of them in the past two weeks than we have in our entire career. Many of them are really, really good.

Our favorite column this week, for reasons that will become clear in a minute, is Hammer Time, by ESPN's Ralph Wiley. His subject is the three women holding the hammer of God over Kobe Bryant: Kobe's wife Vanessa, his lawyer Pam Mackey and, of course, the accuser.

It's Vanessa's world now, God has seen to it, and has given her His Hammer, and that must be some kind of justice. She must've been sincere in her decisions all along. Now her in-laws not only have to back up off her, they have to respect her more than they ever did. This may not lead to a demeanor change on her part, but it could. Just as a joke, to lighten the mood, at one of Kobe's household requests, she could whirl around and say, "What? What did you just say? I know you didn't say that to me. Did you?" Kobe is riding in the whipped cur car, no doubt.

....Hammer No. 2 belongs to Pamela Mackey, Kobe's Colorado lawyer. This is real justice on your ass, you see. At the press conference at the Staples Center, Mackey was already putting on the full-court press, and she didn't look like she was lacking for things to say. She said she doubted there was enough there to even file charges, implying that there was some ulterior motive, no doubt relying on that missing chunk in the timeline between the act itself, and the reporting of the act to authorities. ....

You think what I'm saying is bad? Wait till you hear Pamela Mackey's dulcet tones. This woman is quite persuasive. She is going to make Johnnie Cochran seem like Stuttering John. I wouldn't want to be in her way if I were the Sheriff or the D.A., Woody Harrelson Hurlbert.

Then, he adds a comment from his friend "Superfine:"

My lawyer friend Superfine in L.A. said to me, "I have a very close girlfriend who is a gorgeous black woman kick-ass lawyer in Denver who is killing herself that she did not get the case. She has won tons of sexual assault cases, many in Eagle County; it would have been totally hot if she and I could've handled the case together." But even she said that Mackey was an outstanding lawyer. Hal Haddon, HST's old mouthpiece, may be lead counsel, but it will be Mackey's rep that gets blown up. She's the one on the legal team with the Hammer; she evens all cards. (emphasis supplied)

Superfine is right. She's talking about Lisa Monet Wayne....Lisa and I have practiced in the same office since shortly after she left the Public Defender's Office four years ago. Lisa spent a total of 13 years at the PD's office in Denver, and when she left she was their chief trial deputy. No one can pick a jury or scrutinize forensic evidence like Lisa. Her forte is sexual assault cases. And, she's black, gorgeous and kick-ass. Not to mention, good friends with Pamela Mackey and totally supportive of Pam. As are we all here in the Denver defense community.

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Kobe Bryant: Judge Okays Cameras in Courtroom

The county court Judge presiding over the Kobe Bryant case will allow cameras in the courtroom for the August 6, Kobe Bryant hearing.

True, it's a very small courthouse and the individual courtrooms are small. But our position is that cameras should be allowed only if the defendant consents. It's the defendant who has a constitional right to a fair trial. The Bill of Rights was designed to protect the rights of the citizen accused. We don't know if Kobe's lawyers agreed.

For this hearing, it's not a big deal. The accuser does not need to be present. The hearing will be short, maybe 10 minutes or less. It is simply to advise Kobe of the charges against him and his rights, both of which his attorneys have already explained to him, and to set a date for the preliminary hearing.

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Gag Order Issued in Kobe Bryant Case

A gag order has been issued in the Kobe Bryant case. It covers the attorneys, witnesses, law enforcement officers, court staff, the accuser and Bryant.

MSNBC's Keith Olberman is reporting that the University of Northern Colorado has confirmed that the accuser was hospitalized in February due to her being a danger to herself. The Washington Post follows up here.

We will be on Hannity and Colmes tonight discussing Kobe Bryant around 9:30 to 9:40 PM or so EST. (always subject to cancellation for breaking news.) We'll be debating the issue of whether the accuser's name in a rape case should be kept secret, and whether the radio talk show host was right or wrong to publish her name on the Internet.

Update: OnLine Journalism Review has just posted a thoughtful article by Mark Glaser on this issue, and the Releasing Name of Bryant's Accuser Stirs Debate on Online Standards .

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Kobe Bryant Coverage

TalkLeft has been receiving over 10,000 visitors a day for the past several days. There are 222 people on the site right now. Many are coming from search engines looking for Kobe Bryant coverage. Here is a link to all of our Kobe Bryant coverage in one place.

For those of you not interested in Kobe's case, rest assured, we are continuing our coverage of other political and crime-related stories as well.

Update: July 24, the traffic is decreasing somewhat, although it's still above normal. We've created a link near the top right of TalkLeft where you can access all of our Kobe coverage without having to type the name in the search box. We'll probably also add a Kobe news feed over the weekend so we don't have to keep reporting here on each new item.

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NBC: Accuser Bragged About Kobe At Party

NBC is reporting that the 19 year old who accused Kobe Bryant of sexual assault was in good spirits and bragged about Kobe's size three days after the incident.

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Kobe Bryant Seeks to Keep Files Sealed

The media is trying to unseal the reports that led to Kobe Bryant's arrest on a sexual assault charge. The defense has filed a 23 page brief in opposition, saying disclosure will jeopardize Kobe's right to a fair trial. The District Attorney agrees and will be filing his brief later today.

We think the documents should remained sealed until they are introduced at a court hearing. These are one sided documents that are not evidence in the case. They may contain hearsay. They outline the information that caused police to believe Kobe may have committed a sexual assault--and they may or may not be accurate. But the potential for prejudice to Kobe is huge.

Trials take place in public. Criminal investigations should not.

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Kobe Bryant Gets Support of Former Girlfriend

Jameika Williams, a former girlfriend of Kobe Bryant, has thrown her support behind him. She and Kobe dated in 1997, when she was 19 and he was 18. He was already playing for the Lakers, but not a big star. Here are some of her comments on Larry King Live last night [Transcript available at Lexis.com ]:

KING: How did you hear about what happened to him?

WILLIAMS: Well, just watching the news coverage. And it basically shocked me. I couldn't believe that he could be possibly charged with sexual assault.

KING: In other words, your first reaction was this was not possible.

WILLIAMS: My first reaction was this was not responsible. That's not the Kobe Bryant that I knew.

KING: He never was rough with you or in any way...

WILLIAMS: Never rough.

KING: ... other than non-gentlemanly.

WILLIAMS: Not -- never rough, never aggressive.

KING: Would it be -- since you're going to be a lawyer, would you -- since you're learning about courts and the like, would you be a character witness?

WILLIAMS: Possibly. I wouldn't mind testifying as to his good character.

KING: In other words, if they asked you, you would go.

WILLIAMS: Yes. Definitely.

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Kobe Bryant Time Line

Here is the timeline of events in the Kobe Bryant case, courtesy of the Denver Post:

June 30: Los Angeles Lakers star Kobe Bryant and three associates check into The Lodge & Spa at Cordillera, a $360- to $700-a-night resort hotel in Edwards, about 10 p.m.

10:15 p.m.: Bryant moves around the lobby.

11 p.m.: A 19-year-old woman who works at the hotel as a concierge and receptionist goes off duty.

11:13 p.m.: A phone call lasting a few minutes is placed from Bryant's room to what is believed to be his Newport Beach, Calif., home, where his wife, Vanessa, and young daughter are staying.

Before midnight: Bryant's accuser goes to his room and stays for an undetermined length of time, according to several hotel employees.

July 1, morning: Bryant has arthroscopic surgery on his right knee at the Steadman Hawkins Clinic in Vail.

Midday: The woman, accompanied by her parents, reports the alleged sexual assault to the Eagle County Sheriff's Department.

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Kobe Bryant: Pamela Mackey's Statement

Here is the text of the statement Kobe Bryant's lawyer, Pamela Mackey, gave at the Friday night press conference in Los Angeles:

Kobe Bryant is innocent of the charges that were filed against him today. He stands falsely accused, falsely accused of an extremely serious crime, a crime that carries with it the potential of a life sentence.

No prosecutor should file charges unless the evidence is so strong that the case can be proven beyond a reasonable doubt. The evidence in this case falls far, far short of that standard. The accusations in this case cannot be proven because they are false. Kobe Bryant did not assault his accuser. Kobe Bryant will plead not guilty. He will request that this case be tried to a Colorado jury. His defense is that what happened on June 30th in Eagle County was a sexual encounter between two consenting adults. He had no reason to believe otherwise. The physical evidence in this case totally supports his belief.

His actions since these accusations were made have been those of an innocent man. He has cooperated fully with every demand, every request made by the sheriff's office and the district attorney's office.

We do not intend to discuss the facts or the evidence of this case because we do not intend to try this case in the press. We intend to try this case to a Colorado jury, and we are confident that a fair and impartial jury will find that Kobe Bryant is innocent.

Every citizen -- every citizen is entitled to an impartial jury. The sheriff in Eagle County and certain of his deputies insist on making public inappropriate statements, statements that are endangering our ability to select a fair and impartial jury. It must stop. If it doesn't, we will ask the court to enter an order stopping the inappropriate comments that continue to be made.

I want to repeat, we will not try this case in the press. We will try it to a Colorado jury, and we are confident that a Colorado jury will find that Mr. Kobe Bryant is innocent. Thank you.

[source: Lexis.com]

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Kobe Bryant: Proving Non-Consensual Sex

From last night's On The Record ( Fox News Channel) (via Lexis.com)

(Guest Anchor Laurie Dhue:) Doctor, can the doctors tell the difference between consensual and non-consensual intercourse? And how do they do that?

DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: No, Laurie. Usually, a physician can't tell consensual from non-consensual. They can tell whether there's been intercourse or not intercourse, but not whether it's consensual because one can have bruises and certain injuries from consensual sex and one can have no injuries from non-consensual sex.

Update: You can view the Complaint against Kobe Bryant here.

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Kobe Bryant Statement

Here is the text of Kobe Bryant's statement, made following the announcement by the Eagle, Colorado District Attorney that one count of sexual assault will be filed against Kobe:

I am innocent of the charges filed today. I did not assault the woman who is accusing me. I made the mistake of adultery. I have to answer to my wife and my God for my actions that night and I pray that both will forgive me. Nothing that happened June 30th was against the will of the woman who now falsely accuses me. These false allegations have hurt my family. I will fight against these allegations with all my strength. My wife is the strongest person I know. She is willing to stand by me despite my mistake. That means everything to me. I have so much to live for. And by that I do not mean the contracts, or the money, or the fame. I mean my family. I will fight for them. I appreciate all those who have supported me. Thank you for believing in me. My family and I are going to need your support and prayers now more than ever."

Text of Vanessa Bryant's Statement:

"I know that my husband has made a mistake -- the mistake of adultery. He and I will have to deal with that within our marriage, and we will do so. He is not a criminal. I know that he did not commit a crime, he did not assault anyone. He is a loving and kind husband and father. I believe in his innocence. Because I know him to be innocent, I will stand by him and we will face this together. I will give him all the strength and support he needs to face these false accusations. I will not let him face these accusations alone. I know Kobe better than anyone. The great person you see on the court and in the public is a far greater person off the court."

NBA Commissioner David Stern's statement:

"As with all allegations of a criminal nature, the NBA's policy is to await the outcome of a judicial proceeding before taking any action. We do not anticipate making further comments during the pendency of the judicial process."

The two most critical things to remember:

  • A criminal charge filed in Court is an accusation, not evidence. Kobe Bryant is no more guilty today than he was yesterday by virtue of the District Attorney's decision. His belief that he can prove the case beyond a reasonable doubt may or may not prove accurate.
  • The charge is extremely serious. Colorado has indeterminate sentencing on sexual assault charges. The minimum is four years. The maximum is life. The Judge sets the minimum, but the Parole Board decides when, if ever, to let him out. While the Judge could sentence Kobe Bryant to probation instead of jail if convicted, it would have to be for a term of between 20 years to life, during which time he would have to undergo extremely rigorous sex offender treatment. He would have to register as a sex offender for life, wherever he lived.

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Kobe Bryant Charged With Felony Sexual Assault

Kobe Bryant has been charged with one count of felony sexual assault, a class three felony, punishable by a prison term of between four years to life. If convicted and granted probation, ithe probationary term will be between 20 years and life.

The DA said he considered testimony, physical evidence, statutes, case law and advice from several DA's around the state. He said Kobe was treated the same as everyone else.

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