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Judge Agrees To Release Some Of Bryant's Court Records

Judge Won't Grant Change Of Venue Motion

UPDATED: 8:25 am MDT August 22, 2003

An Eagle County judge has decided to unseal some documents in the Kobe Bryant sexual assault case, but he stayed the decision for two weeks to give attorneys on both sides time to appeal.

Eagle County Judge Frederick Gannett

Judge Frederick Gannett (pictured, left) ruled that the arrest warrant and related materials should be unsealed. He said other items requested by media attorneys -- including the search warrant and documents that could provide details of the case -- will remain sealed.

"The court concludes that there is a substantial probability that the defendant's right to a fair trial would be prejudiced by disclosure of the affidavit and search warrant materials and that such prejudice could be prevented by non-disclosure," Gannett wrote.

He also said releasing the information would subject the woman who accused the Los Angeles Lakers All-Star of rape to "further intimidation, harassment and abuse."

The judge also said he is not inclined to grant any defense request to move the trial, saying the extensive publicity "diminishes the remedy of a change of venue."

"The court does not find it reasonable to compel defendant to submit to a change of venue in order to preserve his right to an impartial jury," he said.

The court documents have been sealed since Bryant was arrested last month, but media organizations have sought their release.

The documents that could be released -- the arrest warrant and related documents -- will not reveal much other than describing the crimes that sheriff's deputies alleged Bryant committed and the fact that he was arrested and later released on $25,000 bond.

Gannett put his order on hold and gave attorneys 10 days to appeal.

The public has no way of knowing whether authorities acted properly in arresting Bryant if the documents are withheld, said Chris Beall, an attorney for the media organizations.

"What the judge is saying is that in those documents were statements that have little relevance and are unnecessarily prejudicial and inflammatory," Beall said. "I think the voters in Eagle County would like to know whether Sheriff (Joseph) Hoy's office engaged in improper conduct."

Krista Flannigan, a spokeswoman for the prosecutor's office, said they were considering an appeal, too.

In his decision, Gannett said the search warrant and arrest affidavit contain "factual statements describing graphic details of the alleged sexual encounter," medical test results, evidence that can be challenged in court and statements of potential witnesses.

Bryant, 24, is charged with raping a 19-year-old employee of the Lodge & Spa at Cordillera on June 30. He has said the sex was consensual.

Bryant, who remains free on a $25,000 bond, is scheduled to return to Eagle for an Oct. 9 preliminary hearing, where Gannett will decide whether there is enough evidence for a trial.


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