Thoughts on Kobe Case Dismissal

Some thoughts on the dismissal of the Kobe Bryant case, and predictions:

  • It's best for Kobe and the accuser. Finally, their dirty laundry will be kept out of our living rooms.
  • The civil suit may be on the precipe of being settled. Condition precedent from the accuser: Kobe must make a suitable public apology before she agrees to bow out of the criminal case.
  • A week ago, the sides were too far apart on the wording of the apology. Jury selection moved forward. The apology got better and the latest mistake of the jury questionnaire gives the accuser cover to say that was the final straw.
  • The loser: The Eagle County District Attorney's Office. It bowed to public pressure to bring the charge after a local sheriff precipitously obtained an arrest warrant, without conducting an adequate investigation into the facts. They lost control of the case. The defense trounced them with good lawyering.
  • Judge Terry Ruckriegle is to be commended. He ruled fairly with well-reasoned opinions. He kept order in the courtroom. Mistakes by court personnel were just that, mistakes.
  • Colorado's rape shield statute worked in this case. Evidence of the accuser's prior sexual history would not have come into evidence. Only evidence of her contemporaneous sexual activity, within 72 hours of her rape exam, was ruled admissible.

I'll be doing a live chat on the case for the Washington Post at 11 am ET.

Update: Transcript of chat is here.

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