Judge: Investigators lacked court order
http://sports.espn.go.com/nba/news/story?id=1840008
DENVER -- The judge in the Kobe Bryant sexual assault case on Wednesday barred
evidence from a medical exam performed on the NBA star, saying investigators
didn't have the proper court order to take him to the hospital in the middle of
the night.
District Judge Terry Ruckriegle also extended what he called a "plea
negotiation deadline" until next Tuesday because of his order.
After-hours calls left with the Denver-based defense team were not immediately
returned. It is believed to be the first time the judge has publicly broached
the possibility of a plea deal but legal experts believe it was just a
formality.
The judge did deny a defense request to throw out a 75-minute interview of
Bryant by detectives and evidence including a T-shirt stained with the alleged
victim's blood. Bryant's attorneys said the material was gathered while he was
illegally in custody, but the judge disagreed.
Ruckriegle said Bryant willingly talked to the detectives and gave them some of
his clothing.
"There was no evidence of any coercion or undue influence put upon Mr. Bryant
to either speak to them or to provide the items from his room," Ruckriegle
said.
The ruling was welcomed by prosecutors.
"We're pleased with the ruling and we consider it an important ruling,"
prosecution spokeswoman Krista Flannigan said.
Bryant, 25, has pleaded not guilty to felony sexual assault and faces an
Aug. 27 trial. He has said he had consensual sex with a front desk worker, now
20, at the Vail-area resort where she worked last summer.
The tape recorder used to secretly tape the interview was placed in the front
shirt pocket of one of the detectives. According to Ruckriegle's ruling, much
of the tape is inaudible with clicking noises being be heard at times 11 sound
gaps in the recording.
"The tape recording demonstrates that Mr. Bryant did not become truly upset
until such time that the detectives advised him that they had a court order to
conduct the sexual assault examination," Ruckriegle said.
Craig Silverman, a defense attorney and former prosecutor, said the overall
ruling is a victory for the prosecution but its significance depends on what
Bryant told investigators.
"If he lied about having sex, prosecutors could say that's incriminating but
the defense could say that's a statement you'd expect from a married man,"
Silverman said.
Defense attorney Scott Robinson agreed.
"It's a blow to the defense but it only matters to the extent that statement is
significant," he said.
If convicted, Bryant faces four years to life in prison or 20 years to life on
probation, and a fine up to $750,000.
Prosecutors had argued in favor of submitting the medical exam and the rest of
the evidence, saying that it was collected with Bryant's consent the night
after the alleged attack.
During a hearing in February, lead investigator Doug Winters acknowledged that
Bryant was subjected to a hospital examination in violation of Colorado court
rules.
Winters and his partner had obtained a type of court order for "non-testimonial
evidence", which usually involves taking samples of hair and fibers or
fingerprints. It must be executed during daylight hours to prevent the
government from unnecessarily invading the privacy of citizens.
Bryant's exam was performed before dawn at a Glenwood Springs hospital. The
exact results have not been disclosed as Ruckriegle held hearings to determine
whether the material will be admitted as evidence.
Bryant's attorneys have long criticized the Eagle County sheriff's office for
its investigation, saying Winters and investigator Dan Loya improperly
questioned Bryant and botched the execution of a court order to gather evidence
last July. Loya also taped Bryant's statements with a miniature recorder in his
shirt pocket.
Legal experts had predicted the judge would not throw out Bryant's statements
and the physical evidence because there was no clear or intentional violation
of a constitutional right or rule.
Winters testified he never intended to arrest Bryant that night, but that he
executed a 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 what he meant. He later admitted he had signed an
investigation document indicating Bryant had been officially detained.
The judge said the tape recording of the interview with Bryant did not indicate
whether the NBA star consented to a hospital exam. But he said an audio expert
concluded that Bryant had balked at the request.
"The detective then instructed, 'I have a court order so it doesn't matter
whether you consent or not,"' the judge wrote. "The court finds that Mr. Bryant
was 'in custody' starting from" that moment -- and should have thus been
advised of his Miranda rights.
Bryant is scheduled to return to Eagle for a three-day hearing beginning
July 19.
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