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Bryant accuser's lawyer denies sex claims
(Agencies)
Updated: 2004-03-03 09:23
The attorney for Kobe Bryant's accuser in a sexual assault case on Tuesday
denied as "patently false" claims his client had sex with another man the
morning after her encounter with the NBA star.
"Anyone trying to prove otherwise will be chasing ghosts," John Clune said in
a statement. "The victim has confidence that the judge in this case will
appropriately resolve these `rape shield' issues, and that the focus of this
trial will remain on the conduct of the defendant."
Bryant's attorneys argue injuries to the accuser might have been caused by
another man, and that she had sex with Bryant, 25, as part of a scheme to get
the attention of an ex-boyfriend.
They say the woman had sex with "multiple" men in the week before her
encounter with Bryant, including one the morning after the alleged attack. The
woman has told police she had sex with someone two days before the alleged
attack.
Clune's statement came while attorneys were in court for a closed hearing
whether any of the 19-year-old woman's sexual activity in the days surrounding
her June 30 encounter with Bryant are relevant to the case.
Also on the agenda Tuesday was whether Bryant was illegally questioned by
investigators July 1, the day after the alleged assault at the posh Vail-area
resort where he was a guest and the woman was an employee.
Defense attorneys want Bryant's secretly recorded police statement and
physical evidence, including a T-shirt stained with the accuser's blood, barred
as evidence.
Lead investigator Doug Winters acknowledged during the last hearing a month
ago that Bryant was subjected to a pre-dawn hospital examination in violation of
state law calling for the work to be done during daylight hours.
During last month's hearing, Winters said he never intended to arrest Bryant
that night. He executed the court order to take the NBA star to the hospital
because of an "incident" during the interview in Bryant's room.
Winters didn't explain, but said Bryant spoke with investigators willingly
and knew he was free to leave at any time.
The defense subpoena of Bryant's accuser prompted complaints from the
prosecution and victims' advocates. They say her sexual conduct in the days
surrounding her encounter with Bryant is irrelevant, and the defense has based
its arguments on rumor and innuendo.
Bryant's attorneys said he has a right to confront his accuser, and that
discussing the woman's past sexual relations will help explain whether she
consented to have sex with Bryant.
Prosecutors want state District Judge Terry Ruckriegle to limit the defense
questions to two issues: the source of injuries discovered during the woman's
rape exam, and the source of semen found in the underwear she wore to the exam.
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