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Updated Sept. 7, 2004, 1:18 p.m. ET

Judge dismisses Kobe Bryant rape case
Kobe Bryant leaves an Eagle, Colo., courthouse Tuesday with lawyer Hal Haddon. His lawyers are reportedly negotiating to have charges dropped.

(Court TV) — A judge dismissed the rape case against Kobe Bryant after lawyers spent an afternoon behind closed doors hammering out a deal after his accuser decided not to testify.

The private meeting came amid jury selection and following a defense motion to dismiss the charges based on allegations that prosecutors withheld exculpatory evidence.

District Judge Terry Ruckriegle threw out the case with prejudice, meaning that the charges cannot be refiled at a later date.

Bryant was charged with sexually assaulting a concierge while staying in a Colorado hotel. The Los Angeles Laker, who is married, acknowledged having sex with the 19-year-old woman, but said it was consensual. If convicted, he faced four years to life in prison.


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District Attorney Mark Hurlbert told Ruckriegle Wednesday that the woman did not want to testify or otherwise participate in the trial.

Outside the courthouse, Hurlbert said the decision to drop the case "is not based upon a lack of belief in the victim — she is an extremely credible and an extremely brave young woman."

Through a statement issued through his lawyer, Pamela Mackey, Bryant maintained that the encounter was consensual, but said he believes his accuser genuinely believes she was raped.

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did," he said. "After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter.

The woman filed a civil suit last month, a step that prompted defense lawyers to accuse her in a court filing of proceeding with the criminal case to receive a cash settlement.

But in his statement, Bryant attempted to dispell any rumors that the woman changed her mind to testify in the criminal proceeding because of a possible payoff.

"I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman," he said.

The prosecution suffered a series of setbacks since initially charging Bryant with assaulting the woman on June 30, 2003.

Earlier Wednesday, defense lawyers had filed a motion for dismissal charging that prosecutors commissioned an expert who concluded the accuser's injuries could have resulted from consensual sex — information prosecutors allegedly withheld from the defense. Prosecutors are required to disclose all evidence they gather to the defense.

Just two weeks ago, the Colorado Supreme Court rejected prosecutors' appeal of a lower court decision to allow details of the accuser's sex life into evidence.

Bryant's lawyers said DNA evidence shows the woman had sex with another man soon after the time she claimed Bryant raped her.

The defense had also won a bid to introduce evidence regarding benefits the accuser received since reporting she was assaulted, including $20,000 for mental health care and other services.

The Associated Press contributed to this report.

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