Rape charges dropped against Kobe Bryant; judge dismisses case

Jet, Sept 20, 2004

Days before his trial was set to begin, rape charges were abruptly dropped against Los Angles Lakers superstar Kobe Bryant.

However, the accuser's attorneys have pointed out that she is pressing on with her civil case against Bryant. No specific monetary sum has been disclosed.

Eagle County, CO, District Atty. Mark Hurlbert told reporters outside the courthouse that the case was being dropped because the 19-year-old accuser had indicated that she was unwilling to go forward with the case.

The criminal case was dismissed without prejudice, meaning it cannot be tried again.

The case stemmed from an incident June 30, 2003, at a resort in the upscale Colorado community when the female hotel worker claimed she was sexually assaulted by Bryant.

From the beginning, legal scholars have suggested there were setbacks and miscues. There was initial miscommunication between the sheriffs office and the district attorney. Also, the court mistakenly posted the accuser's name and address on a web site.

One of the biggest blows cited were the revelations of the accuser's sexual history around the time of her encounter with Bryant. There were allegations that she had sex with another man after Bryant and then went on to report that the basketball star sexually assaulted her.

The L.A. Times reported that in a closed-court hearing a DNA expert testified that the accuser in fact had another man's semen on her thighs and inside her vagina during the medical examination.

Judge Terry Ruckriegle delivered what many saw as a fatal blow to the case when he decided to allow evidence of the second man's semen as well as the accuser's sexual history with two of the key witnesses.

The case generated widespread attention because of Bryant's celebrity and positive image. He has lost lucrative endorsements during the 14-month case.

Bryant, 26, issued an apology to the victim that was read following the dismissal. ESPN reported that the accuser insisted on an apology as a condition for dropping the case.

In the apology (see box at right), Bryant said that although he felt the encounter was consensual, he understood that she didn't see it the same way he did. He mentioned that no money has been offered to the woman.

Legal observers also have suggested that Bryant's letter might be a signal that he and the accuser are going to settle and that a civil case seems unlikely.

Several attorneys told Los Angeles television stations that a civil case would be unlikely because an accuser who refuses to testify in a criminal case but wants to talk in a civil case would be viewed by juries as only doing it for money.

The cases overshadowed the Lakers entire season last year. However, on several occasions, Bryant was able to show up for court in Eagle then board a plane for L.A. and wow the Staples Center crowd with scoring sprees.

The superstar forward has a wife, Vanessa, and a small daughter. In tearful press conference in L.A. last year he apologized for his infidelities. He reiterated that he didn't force or ask the woman "to do anything against her will."

The case has cost the sparsely populated county almost $250,000, which is a significant percentage of the district attorney's office budget. Hurlbert is up for re-election.

KOBE BRYANT'S STATEMENT:

First, I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, CO.

I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case. Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she sincerely feels that she did not consent to this encounter.

I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado.