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Kobe Bryant's Criminal Case Dismissed

Bryant Issues Statement Of Apology

Kim Nguyen and Wayne Harrison, Staff Writers

POSTED: 2:50 pm MDT September 1, 2004

UPDATED: 4:21 pm MDT September 2, 2004

DENVER -- The criminal case against Kobe Bryant has ended for good even before it officially started.

Prosecutors say they had no choice but to drop the sexual assault charge against the Los Angeles Lakers star because the alleged victim has chosen not to testify. With the parents of the 20-year-old accuser looking on, District Judge Terry Ruckriegle on Wednesday threw out the case with prejudice, meaning that the felony sexual assault charge can never be brought up against Bryant again.

District Attorney Mark Hurlbert told the judge that prosecutors filed a motion Wednesday to dismiss the case based on the fact that the alleged victim did not want to participate. Hurlbert said he could have subpoenaed her and forced her to testify, but did not want to.

"This decision was made after several meetings with the victim, her family and her attorney," Hurlbert said outside the courthouse. "This prosecution team wants to try this case. I want to try this case and have the evidence heard by 12 citizens of the community. However, the victim has informed us, after much of her own labored deliberation that she does not want to proceed with this trial ... This decision is not based upon a lack of belief in the victim -- she is an extremely credible and an extremely brave young woman and our belief in her has not wavered over the past year ... Ultimately, we respect her decision 100 percent."

Bryant, who was in California and was informed by his attorneys about the latest development, issued an apology to the young woman in the case.

Kobe Bryant's signature appears on a type-written letter of apology to the accuser, her family and the citizens of Eagle.

"I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year," Bryant said in a statement released after the criminal case was dismissed. "Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colo."

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter," Bryant continued. (Read Bryant's Entire Apology.)

In court, Mackey said that she agreed with the decision to dismiss but believes that if the case would have moved forward, an impartial jury would have been selected and the jury would have acquitted Bryant of rape based on the facts of the case. She said Bryant has always maintained his innocence.

Although the criminal charge is dropped, Bryant still faces a civil suit in federal court, where the accuser is seeking an unspecified amount in damages for pain and suffering.

Video

D.A. Explains Why He Had To Dismiss Bryant Case

"I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado," Bryant said in his statement. "I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case."

"It appears to me that an exchange of money will take place between Kobe Bryant and his accuser which has been leveraged by this criminal prosecution to the extreme detriment to the taxpayers of Colorado," said a frustrated Craig Silverman, a legal analyst for 7NEWS. "Kobe gets his day in the sun today and she will get her money in the days to come. The criminal case was used as leverage and it's offensive."

For months, prosecutors insisted they had a strong enough case to win a conviction beyond a reasonable doubt as Bryant lost endorsements and his accuser endured death threats her mother said left her terrified.

Instead, prosecutors dropped the case after spending at least $200,000 to prepare for trial, and just days before opening statements were scheduled to begin next Tuesday.

"It's outrageous. What a massive waste of taxpayer money in a state that doesn't have much money to spare," Silverman said. "In March, I predicted this, other people have predicted this. For Mark Hurlbert to say that he respects her decision to back out 100 percent should almost trigger an investigation. I have never heard such unmitigated baloney from the mouth of a prosecutor. If this woman was going to back out, she should have backed out long before hundreds of thousands of dollars were spent."

The accuser's attorney, John Clune, said she has been through an extremely difficult time over the past 14 months and was disturbed by the mistakes that included the release of her name on a state courts Web site and her medical history to attorneys in the case.

"The difficulties that this case has imposed on this woman the past year are unimaginable," Clune said. (Read Statement Issued By District Attorney.)

Legal experts said that a series of court rulings had also hurt the prosecution's case, including a decision allowing her sex life in the days surrounding her encounter with Bryant to be admitted as evidence. This was expected to bolster the defense contention that she slept with someone after leaving Bryant and before she went to a hospital exam -- a potentially key blow to her credibility.

L. Lin Wood, an attorney handling the woman's federal civil lawsuit against Bryant, said that the woman's civil case was intact and moving forward.

"There has been no settlement of the civil lawsuit and there have been no discussions concerning a settlement," he said as he stood in the hallway of the Eagle County courthouse. He declined comment when asked about the criminal case.

However, sources told 7NEWS that the accuser's attorneys and Bryant's attorneys are actively negotiating a settlement but no announcement would be made Wednesday.

"It sends a bad message. This case has been an unimitigated disaster for true rape victims. It will increase distrust. It will cause underreporting to increase," Silverman said.

The pending civil case would also allow defense attorneys to argue the woman had a financial motive to accuse Bryant of assault. Bryant's defense team has long argued she falsely accused him to gain the attention of a former boyfriend, and that she was given nearly $20,000 from a victims' compensation fund.

7NEWS has learned that because the criminal charge has been dropped, the accuser would have to pay back the money to the victim's compensation fund if she wins any in the civil settlement.

Earlier in the day Wednesday, Bryant's defense attorneys filed a motion to dismiss the case, claiming 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, Baden had 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.

The defense argued that withholding the information was damaging and charges against Bryant should be dismissed. The say Baden had information that "undermined the accuser's allegations and the prosecution's case, and corroborated Mr. Bryant's defense on a central issue -- the cause and significance of the accuser's alleged injuries."

The defense filing said those opinions were not disclosed to the defense until they contacted the expert Friday, despite repeated requests to prosecutors for the information. Prosecutors have said they have turned over all information they were required to.

"A person's life and liberty are at stake," the defense attorneys wrote. "The game of hide-the-ball, find-it-if-you-can discovery is intolerable. This court must vindicate Mr. Bryant's constitutional rights and impose meaningful sanctions against the prosecution."

The move to dismissal surfaced as jury selection began to wrap up. Attorneys and Ruckriegle had hoped to seat a 12-member jury this week, with opening statements coming next Tuesday.

Bryant, 26, has said he had consensual sex with a then-19-year-old employee of a Vail-area resort where he stayed last summer. If he had been convicted of felony sexual assault, he would have faced four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

The case, so far, has cost Colorado taxpayers $325,000, ABC News reported.

Additional Resources:

Read Bryant's Apology To Alleged Accuser

Read Statement Issued By District Attorney

Bryant's Clean Image Tarnished Forever

Accuser May Always Be Known As 'The Alleged Victim'

Many Believe Bryant Case Flawed From Start

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