Here is the timeline of events in the Kobe Bryant case, courtesy of the Denver Post:

June 30: Los Angeles Lakers star Kobe Bryant and three associates check into The Lodge & Spa at Cordillera, a $360- to $700-a-night resort hotel in Edwards, about 10 p.m.

10:15 p.m.: Bryant moves around the lobby.

11 p.m.: A 19-year-old woman who works at the hotel as a concierge and receptionist goes off duty.

11:13 p.m.: A phone call lasting a few minutes is placed from Bryant's room to what is believed to be his Newport Beach, Calif., home, where his wife, Vanessa, and young daughter are staying.

Before midnight: Bryant's accuser goes to his room and stays for an undetermined length of time, according to several hotel employees.

July 1, morning: Bryant has arthroscopic surgery on his right knee at the Steadman Hawkins Clinic in Vail.

Midday: The woman, accompanied by her parents, reports the alleged sexual assault to the Eagle County Sheriff's Department.

Unfortunate news to report about David Boies, the lawyer who represented Al Gore in the 2000 election mess in Florida. He is facing three ethics charges in Florida, due to his having funded a lawsuit.

David Boies, a perennial on the National Law Journal's list of most influential lawyers, faces three charges of ethics violations based on his involvement in a bizarre legal battle between the owners of two Palm Beach lawn-care companies.

A Bar grievance committee in Tallahassee found probable cause on July 10 that Boies had violated rules against misconduct, giving money to a client and improper supervision of other lawyers. The finding is similar to an indictment by a grand jury, and the charges will be heard in a trial proceeding by a judge appointed by the Florida Supreme Court.

Here's the background on the charges:

The ATF is searching for over 1,100 pounds of ammonium nitrate stolen from companies in Colorado and California in recent days.

Ammonium nitrate, mixed with fuel oil, were the key ingredients in the Oklahoma City bomb back in 1995. By itslef, ammonium nitrate is used as fertilizer.

A nationwide alert was issued Monday by the Bureau of Alcohol, Tobacco, Firearms and Explosives after eight 50-pound bags of an ammonium nitrate-based explosive vanished from the Pike View Quarry near Colorado Springs.

The other theft, 700 pounds of an ammonium nitrate product, occurred Sunday or Monday from Tom C. Dyke Drilling and Blasting in Alpine, Calif., about 30 miles east of San Diego, authorities said. Thieves forced their way into a locked trailer and took 16 50-pound bags. Two of the bags have been found.

This sounds somewhat ominous:

Authorities had said the material stolen in Colorado was already mixed with fuel oil and had a strong diesel fuel odor.

Zogby News reports on the increasing decline of Bush's approval rating:

Bush Job Performance Slips to 53% Positive, 46% Negative; More Voters (47%) Say It's Time for Someone New Than Say He Deserves Re-election

47% say its time for someone new. That's an increase from 38% a month ago. 42% now have an unfavorable opinion of Bush as a person. [thanks to Media Horse for the link]

We think this signals the Dems can win in 2004. But they need a left-of-center candidate, not a centrist, and they need a platform, not platitudes. Voters will need a clear choice, and that will only come from sharply delineated positions on issues. Iraq and security may be key, but they are not the only issues. As the economy and state budgets continue to crumble and the cutting of essential services begins to affect daily lives, we think more people will be eager for change. It's up to the Democrats to provide them with a clear alternative. We haven't seen one yet among the top contenders, but it's still early and we're still hoping one emerges.

Here is the text of the statement Kobe Bryant's lawyer, Pamela Mackey, gave at the Friday night press conference in Los Angeles:

Kobe Bryant is innocent of the charges that were filed against him today. He stands falsely accused, falsely accused of an extremely serious crime, a crime that carries with it the potential of a life sentence.

No prosecutor should file charges unless the evidence is so strong that the case can be proven beyond a reasonable doubt. The evidence in this case falls far, far short of that standard. The accusations in this case cannot be proven because they are false. Kobe Bryant did not assault his accuser. Kobe Bryant will plead not guilty. He will request that this case be tried to a Colorado jury. His defense is that what happened on June 30th in Eagle County was a sexual encounter between two consenting adults. He had no reason to believe otherwise. The physical evidence in this case totally supports his belief.

His actions since these accusations were made have been those of an innocent man. He has cooperated fully with every demand, every request made by the sheriff's office and the district attorney's office.

We do not intend to discuss the facts or the evidence of this case because we do not intend to try this case in the press. We intend to try this case to a Colorado jury, and we are confident that a fair and impartial jury will find that Kobe Bryant is innocent.

Every citizen -- every citizen is entitled to an impartial jury. The sheriff in Eagle County and certain of his deputies insist on making public inappropriate statements, statements that are endangering our ability to select a fair and impartial jury. It must stop. If it doesn't, we will ask the court to enter an order stopping the inappropriate comments that continue to be made.

I want to repeat, we will not try this case in the press. We will try it to a Colorado jury, and we are confident that a Colorado jury will find that Mr. Kobe Bryant is innocent. Thank you.

[source: Lexis.com]

[comments now closed]

From last night's On The Record ( Fox News Channel) (via Lexis.com)

(Guest Anchor Laurie Dhue:) Doctor, can the doctors tell the difference between consensual and non-consensual intercourse? And how do they do that?

DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: No, Laurie. Usually, a physician can't tell consensual from non-consensual. They can tell whether there's been intercourse or not intercourse, but not whether it's consensual because one can have bruises and certain injuries from consensual sex and one can have no injuries from non-consensual sex.

Update: You can view the Complaint against Kobe Bryant here.

Here is the text of Kobe Bryant's statement, made following the announcement by the Eagle, Colorado District Attorney that one count of sexual assault will be filed against Kobe:

I am innocent of the charges filed today. I did not assault the woman who is accusing me. I made the mistake of adultery. I have to answer to my wife and my God for my actions that night and I pray that both will forgive me. Nothing that happened June 30th was against the will of the woman who now falsely accuses me. These false allegations have hurt my family. I will fight against these allegations with all my strength. My wife is the strongest person I know. She is willing to stand by me despite my mistake. That means everything to me. I have so much to live for. And by that I do not mean the contracts, or the money, or the fame. I mean my family. I will fight for them. I appreciate all those who have supported me. Thank you for believing in me. My family and I are going to need your support and prayers now more than ever."

Text of Vanessa Bryant's Statement:

"I know that my husband has made a mistake -- the mistake of adultery. He and I will have to deal with that within our marriage, and we will do so. He is not a criminal. I know that he did not commit a crime, he did not assault anyone. He is a loving and kind husband and father. I believe in his innocence. Because I know him to be innocent, I will stand by him and we will face this together. I will give him all the strength and support he needs to face these false accusations. I will not let him face these accusations alone. I know Kobe better than anyone. The great person you see on the court and in the public is a far greater person off the court."

NBA Commissioner David Stern's statement:

"As with all allegations of a criminal nature, the NBA's policy is to await the outcome of a judicial proceeding before taking any action. We do not anticipate making further comments during the pendency of the judicial process."

The two most critical things to remember:

• A criminal charge filed in Court is an accusation, not evidence. Kobe Bryant is no more guilty today than he was yesterday by virtue of the District Attorney's decision. His belief that he can prove the case beyond a reasonable doubt may or may not prove accurate.

• The charge is extremely serious. Colorado has indeterminate sentencing on sexual assault charges. The minimum is four years. The maximum is life. The Judge sets the minimum, but the Parole Board decides when, if ever, to let him out. While the Judge could sentence Kobe Bryant to probation instead of jail if convicted, it would have to be for a term of between 20 years to life, during which time he would have to undergo extremely rigorous sex offender treatment. He would have to register as a sex offender for life, wherever he lived.

Kobe Bryant has been charged with one count of felony sexual assault, a class three felony, punishable by a prison term of between four years to life. If convicted and granted probation, ithe probationary term will be between 20 years and life.

The DA said he considered testimony, physical evidence, statutes, case law and advice from several DA's around the state. He said Kobe was treated the same as everyone else.

Britain has announced that it has convinced the Bush Administration to suspend the military trials of 2 British subjects.

White House statement issued from President Bush's ranch in Crawford, Texas, said Washington had suspended proceedings against the two Britons and that no proceedings would be started against any Australian nationals before consultations with Canberra.

Campaigners urged Britain's Attorney General Lord Goldsmith to take a firm line.

"No lawyer can possibly concede that the military tribunal can be a solution when the Commander in Chief has prejudiced the tribunal by his remarks in front of mass television," said Stephen Jakobi of Fair Trials Abroad.

Bush said at a news conference on Sunday: "The only thing that I know for certain is that these are bad people."

In other detainee related news, 37 prisoners at Guantanamo have been released.

Yes, we know we've written a lot on the Kobe Bryant case. But we think it is a prime example of how politics gets mixed up in the criminal justice system, which is what TalkLeft is all about. You've got a rural county with limited resources, top flight defense attorneys, a prominent defendant with virtually unlimited resources.

The DA is going to announce his decision at 5pm EST. Here are the possible options as we see them. For those who are interested, we'll be discussing it tonight on the O'Reilly Factor at 8 pm EST (6pm MT); Saturday night at 10 pm EST on Geraldo Rivera At Large, Sunday on Fox News Live at 2:35 pm EST. For those of you in Colorado, tune in Saturday at 1:00 pm MT to KNRC Talk Radio where we'll be discussing the case for the full hour in the context of how justice differs for the rich and poor.

We've written about many other substantive issues today for those of you who aren't interested in the Kobe Bryant case. We're gone for the rest of the day as our best friend is getting married tonight. Politics, crime and weblogs will just have to wait until tomorrow.

Instpundit and Law Professor Glenn Reyolds has some advice for the Democrats. Some of his suggestions are well-taken. The Democrats need a message other than Bush-bashing, and a platform. Glenn suggests, among other things, lowering the drinking age to 18 to catch the younger voters.

We have another suggestion. Once they've paid their debt to society, allow those with felony convictions to vote. Consider this from an op-ed today in the Los Angeles Times by Christopher Uggen, an associate professor of sociology at the University of Minnesota, and Jeff Manza, an associate professor of sociology and political science at Northwestern University:

Some form of felon disenfranchisement exists in 48 of the 50 states. Only two — Maine and Vermont — allow all people convicted of a felony to vote, including those in prison. At the other extreme, 11 states disenfranchise some or all felons indefinitely.

In many states, these laws were the product of explicit efforts to disenfranchise black voters after the Civil War. And even today, states with higher proportions of African Americans in their prison systems are far more likely to have strict laws disenfranchising felons.

The net effect — intentional or unintentional — is to dilute African American voting strength. And because African Americans vote disproportionately for Democrats, an issue that affects African Americans is an issue that affects the Democratic Party.

Here's more on why civilian lawyers are reluctant to participate in the Administration's planned military tribunals.

The military is detaining nearly 700 people with alleged ties to the Taliban, al-Qaida or other terrorist groups, primarily at the Guantanamo Bay Naval Base in Cuba.

Some lawyers are concluding that it may not be practical–or even ethical–for them to represent defendants before the military commissions because of the limitations imposed by the rules. "These restrictions in essence eviscerate the right of defendants to civilian counsel," says David P. Sheldon, a Washington, D.C., lawyer who has been practicing military law for more than a decade.

Having only limited participation by civilian defense lawyers could be bad for the overall process, as well as specific defendants, says Neal R. Sonnett of Miami, who chairs the ABA Task Force on Treatment of Enemy Combatants. "The inclusion of competent civilian defense counsel would go a long way to helping add credibility to these courts," he says.