A lengthy interrogation of Kobe Bryant by detectives and the bloodstained T-shirt he wore while allegedly raping a woman at a Colorado resort last summer can be admitted as evidence at the basketball star's trial next month, a judge ruled Wednesday.
In an order that legal experts said was a victory for the prosecution, Judge Terry Ruckriegle provided previously undisclosed details about Bryant's dealings with Eagle County, Colo., investigators 24 hours after the alleged assault.
Ruckriegle stopped short of giving prosecutors everything they wanted, however, throwing out evidence from a medical examination taken by Bryant because he did not consent to it. The judge noted that Bryant went into the bathroom with his bodyguards and cried after Eagle County Det. Doug Winters asked him to submit to the examination.
In a departure from his usual policy, Ruckriegle gave both sides until Tuesday to consider a plea bargain. Typically the judge has not allowed plea agreements after he sets a trial date.
Jury selection is scheduled to begin Aug. 27 and the trial is expected to take four to five weeks. A pretrial hearing will take place Monday in Eagle County Court. Bryant, 25, has pleaded not guilty to felony sexual assault. He has said that he and the woman, now 20, had consensual sex. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000.
Two key rulings are pending. Ruckriegle must determine whether evidence about Bryant's accuser's sexual conduct with other men is an exception to the rape-shield law, and the Colorado Supreme Court must decide whether news organizations can publish transcripts mistakenly released from a closed hearing.
Testimony pertaining to Bryant's statements to detectives and evidence seized from him was presented at five hearings from Feb. 3 to May 10. Most of the arguments were conducted in closed court, and the 75-minute interrogation -- secretly taped by Eagle County Det. Dan Loya -- has not been made public.
Legal analysts said it is doubtful that Bryant admitted on tape to sexually assaulting the woman. Ruckriegle said in his order that the detectives "allowed [Bryant] to explain why he believed the act to be consensual."
The tape "may become an issue when the accuser takes the stand and gives her version," Denver defense attorney Jeralyn Merritt said. "If the jury hears Kobe's version from the tape, they will have to decide who to believe."
