EAGLE, Colo. (AP) -- Prosecutors accused Kobe
Bryant's attorneys of deliberately smearing the reputation of his accuser
Tuesday as they asked a judge to make sure any evidence about her sexual
history is heard behind closed doors.
In a sharply worded court filing, prosecutors said defense attorney Pamela
Mackey stepped over the line last week when she asked a detective at the
preliminary hearing whether injuries to the 19-year-old accuser were
"consistent with a person who had sex with three different men in three
days."
That question prompted Eagle County Judge Frederick Gannett to end the
hearing, which resumes Wednesday and will determine whether the NBA superstar
will stand trial on a sexual assault charge.
Prosecutors said the question was a "deliberate and calculated" attempt to
elicit testimony on evidence irrelevant so early in the case and came even
though "attorneys are expected to proceed in an ethical manner."
"What was even more unexpected was her conscious misrepresentation of the
evidence in order to smear the victim publicly," prosecutor Ingrid Bakke
wrote. "The bell cannot be unrung. It will be difficult enough to overcome Ms.
Mackey's misstatement of the facts."
Mackey's voice mail said she would not return calls from reporters.
Prosecutors want Gannett to hold discussions about the accuser's sexual
history in private, if he determines the evidence is relevant.
Bakke said prosecutors believe that sort of evidence is protected by
Colorado's rape shield law, which bars the use of an alleged victim's sexual
history in rape cases with few exceptions.
Attorney Tom Kelley, who represents several media organizations, including
The Associated Press, said he will fight the prosecution's request for
a closed hearing.
"It's not as though a lot of sensitive material has not been presented to
the public already; it just happens to be unfavorable to Kobe Bryant," Kelley
said. "I don't think the process ought to be about presenting unfavorable
information about only one side."
Kelley said he will meet with Gannett and attorneys from both sides shortly
before the preliminary hearing resumes. Bryant's attorneys have already asked
the judge to close all or part of the remainder of the hearing.
The hearing began last week with sheriff's Detective Doug Winters
describing the alleged assault in graphic detail. He said the small-town
teenager was flattered by attention from Bryant and agreed to his request to
come to his room late one night.
After chatting for a while, they began kissing consensually before the
incident spun out of her control, Winters testified. He said the woman told
Bryant no at least twice before he began raping her against a chair.
It was Mackey's cross-examination of Winters that prompted the judge to end
the hearing.
Legal experts said Gannett might give Mackey a chance behind closed doors
to provide information to back up her suggestion the accuser had other sexual
partners before her June 30 encounter with Bryant.
Mackey and defense attorney Hal Haddon also might want to call their own
witnesses, which is unusual in preliminary hearings.
"The reason we have a preliminary hearing after all is to give the defense
a chance to say, 'This case should not even go to trial, it's so weak,"' said
Christopher Mueller, a professor at the University of Colorado law school.
Bryant, who is free on $25,000 bond, must return to Eagle for the hearing.
He was not expected to play in the Los
Angeles Lakers' preseason game Tuesday against Phoenix. He has not played
so far this year.
The 25-year-old guard faces up to life in prison if convicted of the single
count of felony sexual assault against him. He has said he and the woman had
consensual sex while he stayed at the mountain resort in Edwards where she
worked.
Gannett has said he will not rule at the close of the hearing on whether
the case should be sent to a higher court for trial. He plans to issue a
written decision later.
