Bryant's Attorneys File Motion To Dismiss

Lawyers Accuse Prosecutors Of Withholding Info Helpful To Kobe

POSTED: 9:52 am MDT September 1, 2004

UPDATED: 2:32 pm MDT September 1, 2004

DENVER -- Kobe Bryant's attorneys have filed a motion for charges to be dismissed because of claims that prosecutors intentionally withheld information favorable to their client.

Nationally known medical examiner Dr. Michael Baden was retained by prosecutors to bolster their argument that the alleged victim's injuries proved that Bryant raped her. However, ABC sources say Baden disagreed, saying that the bruising and minor lacerations could have come from consensual sex.

After the prosecution dropped Baden as a probable witness, defense attorneys asked about it and were told Baden's conclusions were not helpful to Bryant's case.

Now the defense is arguing that withholding this information is damaging and charges against Bryant should be dismissed. Prosecutors cannot comment because of a gag order in the case, but told ABC News that they will file a response.

According to legal analysts, motions to dismiss are not unusual in such cases, although they are rarely granted. However, District Judge Terry Ruckriegle could prohibit prosecutors from arguing that the alleged victim's injuries are evidence of rape.

174 Potential Jurors To Be Questioned In Open Court

In the meantime, the final group of 40 potential jurors were questioned behind closed doors Wednesday. Of the 205 potential jurors questioned at the start of the week, 31 people have been eliminated after closed-door interrogations, meaning that 174 people will go through open-court jury selection on Thursday.

On Tuesday, Ruckriegle said that jurors with strong opinions should be questioned behind closed doors so he and attorneys could determine what information they had to come to those opinions and then decide whether to dismiss them.

But he said he was required to conduct some open-court questioning about how people were affected by media coverage, even though prosecutors had argued that doing so would influence other potential jurors.

Jurors are instructed to reach a verdict based only on evidence presented in court, something the judge called "a monumental task in this case."

Bryant has pleaded not guilty to a charge of felony sexual assault, saying he had consensual sex with a woman who worked at a Vail-area resort.

The Los Angeles Lakers star faces four years to life in prison, or 20 years to life on probation, and a fine of up to $750,000 if convicted.

Opening statements are expected Sept. 7.

Meanwhile, prosecution spokeswoman Krista Flannigan said the case has been expensive for a district attorney's office with an annual budget of $2.1 million.

Last year, Eagle County added $105,000 above its usual contribution to help handle expenses in the case. This year, the four counties covered by the office have authorized additional contributions up to $300,000 total for the case, Flannigan said.

"We haven't run into a situation where we haven't been able to do something," she said. "Money always is a concern of ours, so we're always looking at how to make the money go the farthest."

She said the state attorney general's office is providing help while experts including jury consultants are donating services or charging reduced rates.

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