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Metropolis Reality Forums « Bryants defense want to use accusser's sex history »

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   Author  Topic: Bryants defense want to use accusser's sex history  (Read 625 times)
david
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Bryants defense want to use accusser's sex history
« on: Mar 1st, 2004, 10:16am »		 Quote Quote Modify Modify Remove Remove
Bryant Lawyers to Target Rape-Shield Law    
Mon Mar 1, 8:09 AM ET  Add Top Stories - AP to My Yahoo!  
 
 
By JON SARCHE, Associated Press Writer  
 
EAGLE, Colo. - Lawyers for Kobe Bryant are ready to target the state's 30-year-old rape-shield law in their hope to bolster the NBA star's defense.  
 
 
AP Photo  
 
 
AP Photo  
 Slideshow: Kobe Bryant  
 
 
   
 
For the first time since their June encounter, Bryant and his 19-year-old accuser were expected to be in the same room together for a pretrial hearing Monday. Parts of the two-day hearing are to be closed.  
 
 
One of the issues was to be Colorado's rape law, which is similar to laws in all 49 other states. It makes defense lawyers prove why an alleged victim's sexual history is relevant evidence.  
 
 
Defense attorneys Pamela Mackey and Hal Haddon have argued the law — which generally prevents defense attorneys from using the sexual history of alleged sexual assault victims against them in court — is unconstitutional.  
 
 
If they cannot convince the judge on that issue, they will have to show that the information should be allowed under a portion of the law that makes exceptions for such evidence.  
 
 
In court filings, Haddon and Mackey have argued that the woman's sexual conduct is relevant because it could show injuries found in a rape examination the day after the alleged attack could have been caused by someone else. Prosecutors have argued that the information is irrelevant.  
 
 
Bryant, 25, has said he had consensual sex with the 19-year-old woman. He faces four years to life in prison or 20 years to life on probation if convicted. He is free on $25,000 bond.  
 
 
In attacking the rape-shield law, Haddon and Mackey have argued that it violates a defendant's right of equal protection. They said that under state law, prior sexual conduct of an alleged sexual assault victim is presumed irrelevant, while the prior sexual conduct of a defendant is presumed relevant.  
 
 
Legal experts are doubtful that Bryant's attorneys will succeed on the constitutional issue because the rape-shield law has withstood previous challenges in its 30-year history.  
 
 
Also during the hearing, attorneys were scheduled to resume arguments on whether the woman has given up her right to confidentiality of her medical history by talking about it with others.  
 
 
The attorneys were also set to debate whether certain evidence against Bryant, including his statement to police, should be thrown out because of the methods police used during the investigation.  
 
 
The judge was expected to ask both sides to discuss a dispute over his Feb. 2 order that prosecutors give evidence to the defense's forensic expert for testing. The defense claims that prosecutors have told Colorado Bureau of Investigation officials not to turn over cuttings from two pairs of underwear the woman wore the night of the alleged attack and the next day when she went to a hospital for the examination.  
 
 
No trial date has been set. Another two-day hearing is scheduled to begin March 24.  
 
 
 
 
 
 
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avsfanbuck
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Re: Bryants defense want to use accusser's sex his
« Reply #1 on: Mar 1st, 2004, 10:17am »		 Quote Quote Modify Modify
Well people in Colorado will still hate him no matter what!
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david
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Re: Bryants defense want to use accusser's sex his
« Reply #2 on: Mar 1st, 2004, 10:18am »		 Quote Quote Modify Modify Remove Remove
You have him convicted already!
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Re: Bryants defense want to use accusser's sex his
« Reply #3 on: Mar 1st, 2004, 10:19am »		 Quote Quote Modify Modify
Ya but we still hate him, we boo him when ever he touches the ball at the Pepsi Center.
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david
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Re: Bryants defense want to use accusser's sex his
« Reply #4 on: Mar 1st, 2004, 10:24am »		 Quote Quote Modify Modify Remove Remove
and you speak for entire state? I agree he is getting much negative attention but he has yet to be convicted and it is unfair to both sides at this point. the more I read less I am conviced of either side being honest. so for me I have no feelings at this point. there is so much going againist Kobe but then his defense team has uncovered much as well so I will remain undecided until further evidence and our own Judicail system states "Innocent until PROVEN Guilty"
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Re: Bryants defense want to use accusser's sex his
« Reply #5 on: Mar 1st, 2004, 1:11pm »		 Quote Quote Modify Modify
Believe it or not, but most of the state wants to kill the guy.
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Re: Bryants defense want to use accusser's sex his
« Reply #6 on: Mar 1st, 2004, 8:12pm »		 Quote Quote Modify Modify
and a 14 year old knows the entire states wishes?
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Re: Bryants defense want to use accusser's sex his
« Reply #7 on: Mar 1st, 2004, 8:45pm »		 Quote Quote Modify Modify
There was a poll in the Rocky Mountain News, either online or in the newspaper, and out of 2,500 people surveyed they said if they could decide for no reason that they would put him to death.
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Pilar
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Re: Bryants defense want to use accusser's sex his
« Reply #8 on: Mar 1st, 2004, 8:48pm »		 Quote Quote Modify Modify
POLE (poll) can been arranged to say whatever the pollster wants and putting him to death is NOT a legal option! My point went over your head I was trying to suggest you couldnt know what States entire population wanted I am not suggesting your wrong but that 14 year old has much yet to learn and your statement perhaps could have been reworded.
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Re: Bryants defense want to use accusser's sex his
« Reply #9 on: Mar 1st, 2004, 9:02pm »		 Quote Quote Modify Modify
Listen just because a small local, (I was refering to a paper in my town not the big one) newspaper asks sometimes ask people a question on what they would do,(not being serious the POLL(sorry my mistake) was in quatations and they have wierd things in it all the time.  The editor put it onto a poll website, that is where all of the things came from.
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Re: Bryants defense want to use accusser's sex his
« Reply #10 on: Mar 1st, 2004, 10:35pm »		 Quote Quote Modify Modify

Fortunately, we live in a country where polls do not dictate public policy or settle criminal matters.  Our media outlets are hardly an unbiased, impartial source for information on these matters.  It's unfortunate that for the sake of ratings, a person's presumption of innocence can be tread upon.  
We do not have to rely on the media to provide the impartial forum, THAT is the duty and the responsibility of the courts.  However unsavory a person might be, however disgusting the offense charged might be, however heart-wrenching the plight of the victim might be, we should afford the accused the presumption of innocence until a COURT finds otherwise.
 
Justice is not a popularity contest.
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Re: Bryants defense want to use accusser's sex his
« Reply #11 on: Mar 1st, 2004, 11:12pm »		 Quote Quote Modify Modify
"Justice is not a popularity contest. "
 
Exactly!
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Re: Bryants defense want to use accusser's sex his
« Reply #12 on: Mar 2nd, 2004, 6:53am »		 Quote Quote Modify Modify
on Mar 1st, 2004, 10:35pm, Bumper wrote:
...we should afford the accused the presumption of innocence until a COURT finds otherwise.
 
Justice is not a popularity contest.

 
The right to the presumption of innocence is a fundamental cornerstone to each of our own personal human rights.  Bumper you said this so perfectly.
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avsfanbuck
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Re: Bryants defense want to use accusser's sex his
« Reply #13 on: Mar 2nd, 2004, 8:00am »		 Quote Quote Modify Modify
Hey, All I was trying to do was to tell you that Colorado is very mad.
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Re: Bryants defense want to use accusser's sex his
« Reply #14 on: Mar 2nd, 2004, 8:23am »		 Quote Quote Modify Modify
on Mar 1st, 2004, 10:35pm, Bumper wrote:

Fortunately, we live in a country where polls do not dictate public policy or settle criminal matters.  Our media outlets are hardly an unbiased, impartial source for information on these matters.  It's unfortunate that for the sake of ratings, a person's presumption of innocence can be tread upon.  
We do not have to rely on the media to provide the impartial forum, THAT is the duty and the responsibility of the courts.  However unsavory a person might be, however disgusting the offense charged might be, however heart-wrenching the plight of the victim might be, we should afford the accused the presumption of innocence until a COURT finds otherwise.
 
Justice is not a popularity contest.

 
 
Then your state is WRONG I have no idea if Kobe is innocent or guilty but as this posts states (very well I might add) He IS innocent until proven guilty. Has your state heard anything that has leaked out such has there were several semen samples in accussers underpants worn that day and one sample wasnt African American! that among other details that have slipped out. I remain undecided that is for the jury and so far I have heard and read much on both sides none that convinces me 100% of his guilt or innocences!
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