Judge Delays Bryant Ruling
EAGLE, Colo. — Following a three-hour courtroom debate, the judge in Kobe Bryant's sexual assault case postponed a decision Thursday on whether to release sealed court files.
Eagle County Judge Frederick Gannett said he did not expect to determine whether to unseal arrest and search warrants until at least Wednesday, when Bryant is scheduled to appear at the Eagle County Justice Center for a bond hearing.
Gannett denied a request by Bryant's attorneys that the Laker guard not be required to appear in person at Wednesday's hearing.
"[Bryant] will be here," said Hal Haddon, who represents Bryant along with Pamela Mackey.
Haddon and Mackey were aligned with Bryant's prosecutors in arguing that the court files remain closed to the media and public. Attorneys representing five news organizations, including the Los Angeles Times, contended that releasing the documents would not pose a danger to Bryant's right to a fair trial.
The files include details about the accusation, including statements by Bryant and his accuser, and other information used to obtain arrest and search warrants. Bryant, 24, denies sexually assaulting the 19-year-old accuser, although he says he had consensual sex with her at a hotel in nearby Edwards, Colo., on June 30.
The Times has a policy not to identify alleged victims of sexual assault in most cases. The Times also has declined to publish details of the accuser's background to protect her privacy.
Chris Beall, the attorney representing the news organizations, cited rulings by the Colorado Supreme Court and U.S. Supreme Court in arguing that the information must be released unless there is a substantial probability that the details jeopardize a fair trial.
"After there has been an arrest and after there is a filing of charge, there is a practice in this state of opening records," Beall said. "The logical reason of access is that the public has a need to know what the government is up to. Are they managing resources properly? Are law enforcement, prosecutors and the justice system doing their jobs?
Some legal experts believe that making records public reduces rumor, innuendo and gossip.
"The problem with trying to keep a lid on things is that the media, like nature, abhors a vacuum," said Doug Mirell, a 1st Amendment lawyer in Century City who represented media in obtaining evidentiary access in O.J. Simpson's criminal trial.
