Kobe Bryant Criminal Case Dismissed
Final Update: 6:30 pm: From Court TV: Case dismissed, with prejudice. Kobe was not present in court. His lawyers said he agreed with the decision, he thanks the judge, he says he does believe he could have gotten a fair trial. The prosecution said the case is being dropped for one reason only: the accuser said she will not cooperate with the prosecution. The DA's, prosecutors, civil lawyers and the accusers parents were present for the dismissal hearing. Kobe was not, nor was the accuser.
There is no civil settlement, according to her lawyers. The civil case will proceed. For now. There is nothing to prevent a civil settlement from happening later tonight, or tomorrow.
Now back to convention coverage.
Update: Still no news from the courthouse. But the Vail Daily reports:
Kobe Bryant's alleged victim has reportedly said if there was one more mistake by the courts she was "out." On Friday, that breach happened when the jury questionnaire was leaked to KCNC Channel 4 television, Denver's CBS affiliate. On Wednesday, in the early afternoon, the alleged victim, through her attorneys, notified prosecutors she was out of the case. The move comes on the heels of a defense motion to dismiss the case. Bryant's defense attorneys said in their motion that prosecutors withheld a medical report they say would exonerate their client. 6:23 pm MT
Update: Court officials say an open court session in the Kobe Bryant case will begin at 5:45 p.m.
A live press conference is expected momentarily in the Kobe Bryant case. TalkLeft will blog it live when it begins.
Prosecutors will announce they are dropping the sexual assault case against Bryant and will not refile it. The civil case will continue. The announcement follows a defense motion made yesterday seeking dismissal due to the prosecution's alleged hiding of information provided to it by forensic expert Dr. Michael Baden:
....District Attorney Mark Hurlbert dropped Baden as an expert on July 15, after months of consulting with him. Baden told Bryant's attorneys on Aug. 27 that he provided evidence to prosecutors that undermined the accuser's allegations of rape and corroborated Bryant's story that the sex was consensual, the motion says.
Prosecutors have said the 20-year-old woman's vaginal injuries prove she was raped. But Bryant's lawyers say the injuries were caused by her having sex with Bryant and two other men during a 72-hour period.
One has to wonder why the prosecution hired Baden to begin with. As we reported on July 19, 2003, Dr. Baden's view was:
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.
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