EAGLE, Colo. — Even if Kobe Bryant and his accuser are having second thoughts about a trial that defense attorney Hal Haddon said "will involve detailed, graphic evidence about sexual conduct and human genitalia," legal experts say an 11th-hour plea bargain is unlikely.
The judge fueled speculation that a trial might be averted when he wrote last week that the two sides had until Tuesday to negotiate a plea bargain -- extending his initial deadline by three weeks.
However, a Colorado sentencing law prohibits someone accused of rape from pleading to a lesser crime and dispensing with the sexual aspect of the charges. As long as the "underlying factual basis" of the original charge involved a sexual assault, the defendant must register as a sex offender regardless of the lesser charge agreed to in a plea bargain.
"Kobe Bryant could plead guilty to spitting on the sidewalk and he would still have to register as a sex offender," legal analyst Craig Silverman said.
Exceptions are rare, experts said. Prosecutors can stipulate that a sexual assault did not take place and the judge could support it with a ruling. Otherwise, the law could be circumvented only by prosecutors dismissing the felony charge, then refiling a misdemeanor charge that Bryant would plead guilty to -- a scenario that experts say is extremely unlikely.
"I will be shocked if there is any kind of plea bargain," said Karen Steinhauser, a law professor who has followed the case closely.
Bryant, 25, has pleaded not guilty to felony sexual assault stemming from an incident June 30, 2003, at a mountain resort. He has said he had consensual sex with his accuser, who was 19 at the time.
Judge Terry Ruckriegle has yet to make a decision on how much, if any, of the alleged victim's sexual conduct with men other than Bryant will be admissible as an exception to the rape-shield law. Although experts say that ruling could provide incentive for either side to strike a plea agreement, Ruckriegle apparently wants a decision on an agreement beforehand.
Jury selection is scheduled to begin Aug. 27 in Eagle County, Colo., and opening statements are expected about Sept. 7. Bryant will be in court today for a pretrial hearing, some of which will take place behind closed doors.
