- The Washington Times - Thursday, September 2, 2004

EAGLE, Colo. — The criminal case against Kobe Bryant collapsed yesterday as prosecutors dropped the sexual assault charge against him, saying they had no choice because the NBA star’s accuser no longer wanted to participate.

Bryant, whose trial had been days from opening arguments, responded with an apology to the woman who had accused him and whose civil suit for damages is still pending.

“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,” Bryant said. “I now understand how she feels that she did not consent to this encounter.”

The woman’s attorney, John Clune, said she has been through an extremely difficult time since she claimed she was raped and that she was disturbed by a series of courthouse mistakes that included release of her name and medical history. She has been the subject of death threats and relentless media coverage in the high-profile case.

“It is in her sincere belief that when this case ends, she does not want to be brought back into the criminal process,” Clune said. “The difficulties that this case has imposed on this woman the past year are unimaginable.”

The dismissal marks a dramatic but not entirely unexpected turn in the high-profile case against one the NBA’s brightest young stars. For months, prosecutors had insisted they had a strong enough case to win a conviction beyond a reasonable doubt, but legal experts said their case was greatly weakened when Bryant’s attorneys convinced the judge to allow some evidence about his accuser’s sexual history.

Outside the courthouse, district attorney Mark 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. Our belief in her has not wavered over the past year. … Ultimately, we respect her decision 100 percent.”

“A trial can be traumatic for any victim of any crime, more so with the victim of a sexual assault and even more so with the victim of a sexual assault whose victimization has been subject to worldwide scrutiny,” Hurlbert said.

Hurlbert also said he understood why Bryant’s accuser “may have misgivings about her rights being respected in this process.”

With the parents of the 20-year-old accuser looking on, District Judge Terry Ruckriegle threw out the case under a deal that means no charges will be refiled. Neither Bryant nor his accuser was in the courtroom.

Prosecutors dropped the case after spending thousands of dollars and just days before opening statements were scheduled to begin Tuesday. Jury selection was scheduled to wrap up this week.

Bryant said the civil case against him “will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado.”

“I also want to make it clear that I do not question the motives of this young woman,” Bryant said. “No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case.”

Bryant, 26, has said he had consensual sex with the then-19-year-old employee of the Vail-area resort where he stayed last summer. Had he been convicted, the Los Angeles Lakers star would have faced four years to life in prison or 20 years to life on probation and a fine up to $750,000.

Bryant apologized to the victim “for my behavior that night and for the consequences she has suffered in the past year.”

“Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure,” said Bryant, who also apologized to her family, his family and friends and the citizens of Eagle.

Larry Pozner, a former president of the National Association of Criminal Defense Lawyers, said although Bryant’s statement was apologetic, he did not think it suggested an interest in settling the civil lawsuit.

“I would have guessed today would have been a global settlement [covering both cases],” he said. “If it isn’t, it’s because the defense has told them, ‘We aren’t paying you very much, and if you want to continue, bring it on.’”

Legal experts said a series of court rulings hurt the prosecution’s case, including a decision allowing the woman’s sex life in the days surrounding her encounter with Bryant to be admitted as evidence. This was expected to bolster the defense contention that she slept with someone after leaving Bryant and before she went to a hospital exam — a potentially key blow to her credibility.

The pending civil case also would have allowed defense attorneys to argue the woman had a financial motive to accuse Bryant of assault. Bryant’s defense team has long argued she falsely accused him to gain the attention of a former boyfriend and that she was given nearly $20,000 from a victims’ compensation fund.

Attorneys for the accuser complained of several damaging accidental releases of information in the case by court officials. The accuser’s name was accidentally released at least twice.

Ruckriegle admitted mistakes had been made and took full responsibility. But he also blamed Colorado lawmakers for slashing the budgets of the state courts system, saying less staff and more work “was bound to result in mistakes.”

Defense attorneys this week asked the judge to dismiss the assault charge, saying prosecutors had refused to turn over details that could suggest Bryant is innocent.

In a motion made public, defense attorneys said a forensics expert whom prosecutors had planned to call as a witness had information that “undermined the accuser’s allegations and the prosecution’s case and corroborated Mr. Bryant’s defense on a central issue — the cause and significance of the accuser’s alleged injuries.”

The motion does not identify the expert, but prosecutors this spring had said they planned to call former New York City medical examiner Michael Baden to testify about the woman’s injuries.

Hurlbert had said during a July19 hearing he had decided against using Baden. He did not elaborate.

The defense motion was first reported by ABC News, which cited unidentified sources who said Baden told prosecutors the woman’s injuries could have been caused by consensual sex. Baden did not return messages.

The accuser’s lawsuit, like the criminal case, accuses Bryant of attacking her in his room at the Cordillera resort near Edwards, causing her emotional and physical problems that linger to this day.

The attorneys accused Bryant of flirting with the woman, a front desk employee, during a tour of the resort. After the two ended up in his room, they began to kiss. Investigators have said the encounter turned violent after flirting by both Bryant and his accuser and that she told Bryant “no” at least twice.

In the civil suit, the attorneys said at some point during the kissing “Bryant’s voice became deeper and his acts became rougher” as he began to grope the woman. She asked him to stop, but Bryant supposedly blocked her exit, grabbed her and forced her over a chair to rape her. Bryant’s hands were around the woman’s neck, the attorneys said — “a perceived threat of potential strangulation if she resisted his advances.”

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