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Judge Rejects Kobe Request Not To Attend Hearing

Judge Hears Arguments About Releasing Information In Case

POSTED: 8:10 am MDT July 31, 2003
UPDATED: 6:03 pm MDT July 31, 2003

A judge rejected a request by Kobe Bryant to skip next week's initial court appearance in his sexual assault case, a defense attorney said Thursday.

Eagle County Judge Frederick Gannett

The request, first reported by 7NEWS shortly before noon, was filed Thursday morning and turned down a few hours later by Judge Fred Gannett (pictured, left), according to defense attorney Hal Haddon. Haddon commented during a break in a hearing on a media organization request to see sealed court records in the high-profile case.

Bryant posted a $25,000 bond and was scheduled to return to Colorado Aug. 6 for an initial court appearance, where he will be advised of the charge against him and of his rights.

Gannett also heard arguments Thursday on whether investigation records in the sexual assault case -- including arrest affidavits and physical evidence -- should be made public.

Gannett has warned media groups about publicity in the case.

Much of the information about the allegation against the Los Angeles Lakers' star has been sealed, such as the arrest affidavit and court records that could provide clues to the evidence.

Gannett has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial.

Gannett also has warned organizations not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom.

The All-Star guard for the Los Angeles Lakers is accused of sexually assaulting a 19-year-old woman at the Lodge and Spa at Cordillera on June 30. Bryant has said the sex was consensual.

News media organizations have requested that the judge unseal court records about the sexual assault allegation, arguing that many details of the case have been publicized already, some by Bryant's attorneys and some by the district attorney. They say the opening the file is the only way to know who's telling the truth.

Chris Beall, representing several media organizations, argued the NBA superstar waived his right to privacy when he declared his innocence at a news conference hours after the sexual assault charge was filed.

Beall said the presumption of public access to court records is "a hallmark of our judicial system."

"Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution," he said in a courtroom filed with reporters.

"The defendant has asserted that the release of the arrest warrant and search warrant affidavit will harm his right to privacy," he said. "However, the defendant has made admissions on international TV of a sexual relationship he says was consensual with the victim. That statement is a waiver of his right to privacy with respect to those facts."

The judge indicated he won't issue an immediate ruling on the request to unseal the records, but he will take the issue under advisement. Gannett said it was doubtful he would even have a decision by the Aug. 6 court hearing.


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