EAGLE, Colo. (AP) — Kobe Bryant's attorneys asked the judge Thursday to order a co-worker and a former boyfriend of the NBA star's alleged victim to submit DNA samples they say could prove she lied about her sex life.

Defense attorney Hal Haddon said one of the men, Bob Pietrack, has reportedly agreed to turn over the samples. Pietrack is a former bellman at the resort where a 19-year-old employee said Bryant attacked her last June. He could not immediately be located for comment.

An attorney for the other man, former boyfriend Matt Herr, told the judge that forcing his client to provide a DNA sample would violate his constitutional rights.

"Whether my client had consensual sex or not with the alleged victim cannot matter," attorney Keith Tooley said as Bryant and the woman's parents looked on. "My client's DNA cannot shed any light" on the question of whether the woman consented to sex with Bryant.

Story continues

advertisement

Bryant, 25, has pleaded not guilty to felony sexual assault. If convicted, he faces four years to life in prison or 20 years to life on probation and a fine up to $750,000.

Following the hearing, Bryant was expected to fly to Los Angeles for an NBA playoff game against Minnesota. It would be the fifth time the Lakers star has played in a game the night after appearing in court.

The woman's sexual history is key, if the judge decides it can be admitted at trial: The defense says injuries found on her body could have been caused by other sexual partners in the days surrounding her June 30 encounter with Bryant.

The defense has suggested one of those liaisons happened after she had sex with Bryant and before her hospital examination — a claim the woman's attorney has vehemently denied.

Bryant's accuser has told police she had sex with another man two days before June 30 and that he used a condom. But investigators say semen and sperm that do not match Bryant's genetic profile were found on her body and on two pairs of her underwear — one worn that night and the other worn to the hospital exam.

District Judge Terry Ruckriegle did not immediately decide whether to require the DNA samples.

District Attorney Mark Hurlbert joined Herr's attorney is arguing against forcing the men to provide samples, saying it is irrelevant and would violate their guarantee against unreasonable searches.

Haddon, however, told the judge that Bryant's right to obtain possibly exculpatory evidence and avoid the possibility of life in prison outweighs Herr's right to refuse to provide a DNA sample, which would be obtained by swabbing the inside of his cheeks.

"The relevance is to whether certain witnesses testified truthfully under oath and whether they gave police correct information," Haddon said.

Tooley denied that Herr lied during earlier hearings to help the judge determine whether the woman's sexual history is relevant to the case.

Ruckriegle heard closed-door arguments later Thursday after granting a defense request to force AT&T Wireless Communications Inc. to provide him with records of text messages sent between Herr, the accuser and another unidentified person within hours of the alleged attack.

"To the extent the text messages might impeach statements or testimony, it's highly relevant," Ruckriegle said. "Courts have a duty to ensure that evidence which might relate to a defendant's innocence is not withheld from the defense."

Tooley had argued against that motion as well, saying the defense should not be allowed to go on a "fishing expedition."

Legal experts said Hurlbert probably should have asked AT&T for the records, something Haddon said lawyers for a criminal defendant aren't allowed to do.

"From a strategy standpoint, my feeling always has been if there is evidence out there, I want to know about it, exculpatory or not, because you have to know what you're up against," said Karen Steinhauser, a former prosecutor. "I would never want to just leave it out there thinking the defense won't find it."

In other action, Ruckriegle reprimanded prosecutors for failing to provide detailed information about witnesses they plan to call to rebut defense experts. He set new deadlines for prosecutors to submit detailed explanations about their witnesses' testimony.

Among the topics expected to be debated by the experts are the adequacy of the sheriff's investigation, genital trauma, a small bruise found on the alleged victim's jaw, strangulation and DNA testing, Ruckriegle said.