Kobe Bryant's defense team believes it has
proof that the woman who accused him of rape had sex with at
least one other man shortly before the alleged attack, the
Daily News learned yesterday.
The revelation came a day after Bryant's lead defense
lawyer, Pamela Mackey, caused an uproar at a court hearing by
asking whether the woman's vaginal tearing was the result of
"sex with three different men in three days."
Retired Eagle County District Court Judge William Jones
said Mackey asked the question because she has physical
evidence suggesting the tearing could have happened during an
earlier sexual encounter.
"There was more than one man's semen found in her panties,"
Jones said. "That's what's behind all of this."
Jones said he learned of this from Mackey's co-counsel, Hal
Haddon.
"I have known him for 40 years," Jones said. "He was doing
some work for me and he mentioned it to me. It will come out
in due course."
He does not account for Mackey's suggestion that the woman
had sex with a third man.
Citing the gag order that Judge Frederick Gannett imposed
on the case, a spokeswoman for District Attorney Mark Hurlbert
declined to comment. Bryant's defenders also declined to
discuss the case.
Veteran Denver criminal defense attorney Jeralyn Merritt
said she's convinced Mackey has something up her sleeve.
"By her asking that question, it's clear they have evidence
about the accuser," she said. "Pamela Mackey would not have
brought this up out of thin air."
Mackey, a lawyer known as a pit bull in pearls, dropped her
bomb after Eagle County Sheriff's Detective Doug Winters
recounted in graphic detail the alleged victim's version of
what happened on June 30 at the posh hotel near Vail, Colo.
The 19-year-old woman told cops she and Bryant kissed. But
when she tried to leave, Bryant bent her over a chair and
raped her, Winters said.
The accuser's blood was found on Bryant's clothes, Winters
said.
But Mackey's surprise question brought the proceeding to an
abrupt halt. The hearing resumes on Wednesday.
Crossed a legal line?
Former Denver District Attorney Norm Early said Mackey
"blatantly smeared" Bryant's accuser and possibly violated
Colorado's Rape Shield law, which bars lawyers from delving
into the sex lives of assault victims.
"I don't care what evidence they could have, three nights
of consensual sex with three different partners would not lead
to a vaginal tear," Early said.
Karen Steinhauser, another former Denver prosecutor and an
expert on sex assault cases, disagreed. She said vaginal
tearing also occurs during consensual sex and that Mackey's
question was "proper."
"There is an exception under the Rape Shield that allows
her to ask about the injuries if there is evidence they could
have been caused before," she said.
Mackey is no stranger to high-profile cases. Among others,
Mackey got a domestic violence charge against Colorado
Avalanche goalie Patrick Roy dropped. She also avoided jail
time for Jeane Newmaker, who smothered her 10-year-old adopted
daughter in a highly publicized "rebirthing" case three years
ago.
Haddon represented JonBenet Ramsey's parents and got sex
assault charges against gonzo journalist Hunter Thompson
dropped for lack of
evidence.
