DA says he has strong case

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DA says he has strong case
Vail Daily

The title of District Attorney Mark Hurlbert's Friday court filing said it all:

"The People of the State of Colorado Against Kobe Bean Bryant" - the toughest match-up he's ever had.

And for the foreseeable future, Bryant's number will go well beyond the "8" on his Lakers jersey.

Case number 03CR204, filed in district court.

Bryant was charged Friday with one count of felony sexual assault, a Class 3 felony. For it to be a Class 3 felony, Colorado law requires there to be sexual penetration and physical force.

When Hurlbert told the gathered media and curiosity seekers that Bryant's sentence could be as much as life in prison, the rarefied air in Eagle practically became a vacuum from the gasps. The sentences run thusly: probation, 20 years to life; prison, four years to life.

"I have an ethical burden not to prosecute unless I can prove my case beyond a reasonable doubt," Hurlbert told the crowd of several hundred people during a press conference in front of the Eagle County Justice Center. "I believe I can prove it beyond a reasonable doubt."

Hurlbert asked the media to continue to respect the victim's privacy.

"It has been difficult for her, and she will not talk to the media."

Bryant claims innocence

In a press conference Friday evening at the Staples Center in Los Angeles, Bryant tearfully declared his innocence.

"I am innocent of the charges filed today," Bryant said. "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."

Bryant's attorney, Pamela Mackey, said he will plead innocent. Mackey said the defense will be that the sexual encounter was "between two consenting adults."

Bryant's wife, Vanessa, said she supports her husband.

"I know that my husband has made a mistake - the mistake of adultery," she said. "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."

For the past two weeks, television trucks with satellite dishes have popped up in the Justice Center parking lot like portable oak trees, packing the lot on Friday. Reporters interviewed experts, local residents and each other as they provided live feeds all day leading up to the press conference, and late into the night afterward.

Journalists have cruised the quiet cul-de-sac where the alleged victim lives for almost a week and a half. Occasionally one walks to the front door and rings the doorbell, only to be politely told by family members that they'll have direct their questions to the district attorney.

Bryant's return

Hurlbert said Bryant must come to Eagle County on Aug. 6 to be advised of his rights.

Friday's charges stem from a June 30 incident in which Bryant allegedly sexually assaulted a 19-year-old Eagle woman at the Lodge & Spa at Cordillera, where he stayed while having knee surgery at the Steadman Hawkins Clinic.

"The decision did not come easily," Hurlbert said. "With any felony, it's a difficult decision and I take it seriously."

Bryant insisted the sex was consensual.

"Nothing that happened June 30th was against the will of the woman who now falsely accuses me," said Bryant. "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."

Burden of proof

Hurlbert said the standards of proof are no different in Bryant's case than in any other.

"We're going to treat it like any other sexual assault case, even though I'm saying that while I'm looking at 20 television cameras," said Hurlbert. "In any case you look at everything, physical evidence, testimony, everything."

Hurlbert said he examined all the evidence and conferred with colleagues all over the state before reaching the decision he announced Friday.

"Any sexual assault case is difficult," Hurlbert said. "The overriding goal is justice."

When asked about moving the trial to another location, Hurlbert said he'd try to keep it here in Eagle County.

"The crime occurred in Eagle County, and the people of Eagle County have a right to hear it.

As an assistant district attorney, Hurlbert won a second-degree murder conviction in 2002 against Chuck Garrison, accused of killing his wife and burying her body in his yard.

Sheriff in line

Eagle County Sheriff Joe Hoy said he had mixed emotions about Friday's announcement.

"We're pleased with what the district attorney did, but that doesn't mean we're celebrating," said Hoy. "Who wants this?!? No one wants this."

Hoy said the alleged victim and her family are "standing tall."

"I think I understand she's in for a rough ride," said Hoy. "The investigators indicated something like this could be tough."

Hoy said Friday's announcement is a testimony to "our effective system of law enforcement."

"I am proud that the people in this Sheriff's Office have carried out their responsibility professionally, reflecting their many years of experience," said Hoy.

Hoy reiterated that his decision to issue a warrant for Bryant's arrest on July 4, instead of waiting until July 7 as Hurlbert and Bryant's attorneys had agreed, did not indicate a rift between him and Hurlbert, but was simply a miscommunication.

"I am confident that Mark Hurlbert and the people in his office have made the appropriate decision," said Hoy.

Big numbers

The Lakers have extended a $55 million contract extension to Bryant. He also signed a $45 million endorsement deal with Nike. His endorsement income is estimated to be $10 million to $12 million a year.

"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," said Bryant. "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."

The case has riveted the sports world for nearly two weeks because it involves one of the NBA's most magnetic stars. The case also raises questions about Bryant's summer plans and whether he will be able to play with the U.S. Olympic qualifying team, which begins practice Aug. 10 in New York.

The Lakers start practice in October for the 2003-04 season.

"Naturally, we're disappointed with today's announcement," Lakers General Manager Mitch Kupchak said. "While there are many questions concerning this issue, we will wait for time and the judicial process to answer them."

NBA Commissioner David Stern had no comment.

Loyola University law school professor Laurie Levenson said if the case goes to trial, a jury might feel a personal connection to Bryant, just as they did in the O.J. Simpson murder trial.

"As a celebrity he comes in with a super presumption of innocence,'' she said. "Any defendant whom the public knows by his first name, their reaction is, 'No, not Kobe.' You will come in with jurors thinking, 'We don't want him to have done it.'''

Sports marketing experts said the case will be a permanent blow to Bryant's image and could cost him millions in lost endorsements.

""The image was of a perfect role model, a superstar athlete who didn't have a parking ticket, the all-American boy and now, well, that image is tarnished,'' said Bob Williams, chief executive of Burns Sports & Celebrities Inc. in Evanston, Ill.

""As of today and until the trial, his image is going to take a beating.''

Last fall, Williams' firm commissioned a poll that listed Bryant as the third-best product endorser in sports, behind Tiger Woods and Michael Jordan.

Bryant married Vanessa Laine in April 2001. The two met on the set of a music video where Laine was working, and got engaged while she was still in high school. Vanessa gave birth to their first child, Natalia Diamante Bryant, in January.
 

SportsOptions/Line up with the pros
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Good luck convicting this guy. He will have an all star team of lawyers that will be tough to beat. I'm not sure what I think on this, innocent or guilty. Will have to wait to hear the evidence....
 

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o.j. already proved that you can get away with murder and in his case double murder, so now getting away with rape has become a walk in the park.
 

I am sorry for using the "R" word - and NOTHING EL
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the DA can talk all he wants, but he is full of crap.

the sheriff backed him into a corner by doing what he did - before the case was fully looked at. the DA had no choice BUT to file charges to save face.

the DA KNOWS he can't - and won't - win this case but he has to go thru with it. also - how many DA's do you know who hold presse conferences to announce a charge?

kobe's lawyers will eat the DA and the girl alive (assuming she takes the stand - and she better - for if she doesn't - this case is OVER before it begins).

the DA can talk all he wants - but this case is a slam dunk for kobe to beat!

if any book puts a line on the verdict (and i promise you one will) bet EVERYTHING you own on the fact kobe will be found innocent. and you can call this A LOCK!
 

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ttinco

I have one ??for you

what the fvck did I ever do to you??
 

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The girl would have to testify for them to even think they had a case, I am sure they have already told her this and she has agreed. Still I don't disgaree Winky, think it will be very tough to win this one.
 

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"the sheriff backed him into a corner by doing what he did - before the case was fully looked at. the DA had no choice BUT to file charges to save face."

THE DA didn't file any charges until the DNA came back.

My question is why didn't Kobe Bryant ever say that he had consensual sex with the girl before the official charges and DNA was looked at?
 

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Another grandstanding politician... I wonder when he's up for re-election?
 

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Teddykgb,

OJ had the great advantage of having a black jury to decide - excuse me, nullify - the evidence. Kobe will likely face an all-white jury, which means this case will be decided on the evidence.

PM, Mike Tyson had the best attorneys money could buy. I thought there was little chance Tyson would get convicted, as all his actions tthat night were overtly suggestive of just what he was after. But the jury (1 black male was on that jury) had really no choice based on the instructions given to them by the (female) judge. Mike Tyson's accuser was also very convincing and passionate in her details of the sexual assault.
 

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The real genius in this whole situation is Kobe's wife "standing by him" and working the situation "within their marriage."

She is a winner regardless! He has already admitted to adultery and she gets what she wants no matter the verdict in the criminal case!


VVV
 

www.globetrottershostel.c om
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It's all about the 15 minutes of fame. This DA just got his, and is going to stretch it out as much as he can. Even if he loses he wins. Remember, Marcia Clark became a household name during the OJ trial along with Johnnie Cochran.
 

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If you want to talk about 15 minutes of fame how about the Attorney that prosecuted Winona Ryder over $5k worth of clothes. That was total BS that should have never went to Court.
 

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same with the prosecutor of the fla st qb on gambling charges. regardless of the make up of the jury they have to be open minded. should be an interesting trial. bet they move it to denver.
my main question is what was kobe thinking. he seems smarter than to put himself in a situation like this. i'd love to know the details of the girls hospital visit. dna of course the dumbass didn't wear a condom. but did either have bruises. did it look like there was a struggle.
i give kobe the presumption of innosence. but should be interesting the info that comes out
 

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Even if theres no scraps or bruises on the girl it doesn't mean he couldn't have raped her. I mean the guy is in top condition 6'8 with huge hands. I bet he could have held both of her wrists with 1 hand.

Even if he had worn a condom there still would be evidence of penetration. I would think that his Attornies would get the case moved to Denver, then again they are already trying to set up grounds for an appeal stating that they police are leaking stuff that may lead to a unfair trial.
 

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We will never know what happened because of no witnesses period.
 

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When is the last time you read a DA saying he had a weak case but they were still going to trial?

Kobe wins in Criminal-proof beyond reasonable doubt

She wins in Civil- , along with the spotlight she has been looking for.
 

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The burden of proof in a civil trial is "by a proponderence of the evidence" which means more likely than not which means anything over 50% - if your on the jury and you feel that their is a 51% chance he raped her than you would have to side witht he girl.

In a criminal trial the percentage is thought to be high 90's - though their is not set percentage for what beyond a reasonable doubt is.
 

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Do you guys believe the stories that the pictures of the girl floating around the internet are not the accuser.

I think that they are.
1036253673.gif
 

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Last fall, Williams' firm commissioned a poll that listed Bryant as the third-best product endorser in sports, behind Tiger Woods and Michael Jordan

All 3 been taken down in various ways....
 

I'll be in the Bar..With my head on the Bar
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