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Judge refuses to delay trial

By Judith Crosson
August 14, 2004 10:51 IST

The judge in the Kobe Bryant rape case on Friday denied a prosecution request to delay the trial of the National Basketball Association star from its scheduled Aug. 27 start, saying the district attorney failed to present a valid reason to do so.

But the judge granted the prosecution a victory by also ruling that the defense will not be allowed to present at trial evidence about the woman's purported suicide attempts, information about medication she has taken or about other drug and alcohol use.

Earlier this week, District Attorney Mark Hurlbert asked District Judge Terry Ruckriegle for a delay, saying a recent release of a transcript from a closed-door hearing could taint the jury. The judge rejected that theory.

The defense had asked the judge not to delay the trial, but was also eager to get information to a jury about the woman's mental health.

"The judge may have called the prosecution's bluff, because the prosecution had several reasons for a continuance, one of which was blaming the court for not making a ruling on crucial issues," Denver attorney and former prosecutor Craig Silverman said.

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Prosecutors
had said they needed to know how the judge was going to rule on the mental health and drug and alcohol use issues if they were to be able to properly prepare their case.

Bryant, who has pleaded not guilty to raping the woman on June 30, 2003, is due back in court on Monday for a pretrial hearing.

Jury summonses have already been sent out for the Aug. 27 trial in Eagle, Colorado.

Bryant, 25, has said the two had consensual sex in his hotel room at a Vail-area resort where she worked. She freely entered his room and the two kissed, but according to police testimony, he turned her over a chair and raped her. The married father of a little girl has maintained that he regrets the adultery.

The case was turned on its ear earlier this week when the young woman sued Bryant in civil court, seeking monetary damages. Legal observers said such a move -- usually done after a criminal proceeding is completed -- could support the defense contention that the woman was only after money from the multimillionaire NBA star athlete.

Judith Crosson
Source: REUTERS
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