| I AM SO HAPPY FOR KOBE RIGHT NOW....
Judge will allow accuser's sex life as evidence in Kobe Bryant case
By JON SARCHE, Associated Press Writer
July 23, 2004
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DENVER (AP) -- In a huge victory for Kobe Bryant, the judge in the NBA star's sexual assault case ruled Friday that his accuser's sex life during the week of their encounter can be used against her at trial.
District Judge Terry Ruckriegle said details of the woman's sexual activities in the three days before her July 1, 2003, hospital examination are relevant to help determine the cause of her injuries and the source of DNA evidence. He also said the credibility of the accuser was a factor.
Colorado's strict rape-shield law, which generally prevents the sex life of an alleged assault victim from being admitted as evidence, does not apply to all the information Bryant's lawyers want to introduce, the judge said.
He said he was persuaded by the defense that ``specific instances of sexual activity'' and evidence of sex can be offered to bolster their contention that her injuries were not caused by Bryant.
A prosecution spokeswoman, Krista Flannigan, did not immediately return a call Friday. John Clune, the accuser's attorney, declined to comment.
Bryant faces an Aug. 27 trial on a single charge of felony sexual assault. He has pleaded not guilty, saying he had consensual sex last summer with the woman, then a 19-year-old front desk worker at a Vail-area resort.
If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
Updated on Friday, Jul 23, 2004 6:58 pm EDT
SOURCE: http://sports.yahoo.com/nba/news?sl...ov=ap&type=lgns | |
