|
EAGLE, Colo. (AP) In another setback to the prosecution in the Kobe Bryant sexual assault case, the Colorado Supreme Court refused Monday to hear an appeal of a key ruling that allows the NBA star's attorneys to tell jurors about the accuser's sex life. District Judge Terry Ruckriegle last month ruled that the defense can use information about the woman's sexual activities in the three days before her hospital exam, which occurred 15 hours after her encounter with Bryant. In their one-page order, justices did not explain why they decided against considering the appeal. The order was released as Bryant's final pretrial hearing got under way Monday morning. Prosecutors had filed the appeal only last week, with the Aug. 27 trial date approaching. The timing of the appeal, along with prosecutors' unsuccessful attempt to indefinitely delay the trial, had prompted widespread speculation about whether they would drop the case. The 20-year-old accuser filed a civil suit against Bryant in federal court last week, further complicating prosecutors' task and prompting Bryant's attorneys to accuse her in a court filing of simply seeking money. During Monday's hearing, however, prosecutors appeared to be moving toward trial as scheduled. Denver attorney Scott Robinson, who has followed the case, said prosecutors have too much invested in the case to dismiss it so soon before trial, but he said the civil suit puts in doubt the accuser's willingness to participate. "When you have filed a civil lawsuit you have laid your motives bare," he said. Former prosecutor Norm Early predicted the trial would begin as scheduled. "I believe she honestly believes she was sexually assaulted," he said. "She's been through an incredible amount of trauma, and now is the time for Kobe Bryant to feel a little bit of trauma. She's never had her day in court." During Monday's closed-court hearing, prosecutors were scheduled to ask Ruckriegle to reconsider his decision allowing the defense to tell jurors about money the alleged victim received from a victims compensation fund. The defense has indicated it plans to tell jurors that the woman was given nearly $20,000, far more than usual, for mental health care and other services. Details of their argument were filed under seal. The judge's decision could bolster the defense's efforts to undermine the alleged victim's credibility. Defense attorney Pamela Mackey said in a filing the woman's decision to sue Bryant last week in federal civil court had the effect of "exposing her motivation to pursue her false accusation -- the hope of a large monetary award." If convicted, the 25-year-old Los Angeles Lakers guard faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000. |