Kobe is getting what he's paying for.. In just one court session they've identified the victim by name in open court and suggested she was a slut. All of this was done not before a jury, but in hope of influencing the court of public opinion and influencing potential jurors via media coverage.
This Vail Daily article summarizes the intentional violations of the Colorado Rape Shield Law committed by Bryant's lead defense attorney Pamela Mackey.
Mackey dropped her bomb at the end of a 20-minute line of cross examination during Thursday's preliminary hearing. She was questioning Eagle County Sheriff's Detective Doug Winters, who was laying out the prosecution's case. During testimony, Winters described the alleged victim's vaginal injuries. While cross examining Winters about those injuries, Mackey asked, "Are they consistent with someone who had sex with three men in three days?"In addition, Mackey named the victim on six separate occasions, where all of the other attorney's had been using initials.Mackey's assertion drew an audible gasp from those in the courtroom, and followed her blurting out the alleged victim's name in open court. That motivated Gannett to clear the room and meet with attorneys in private.
"(Mackey's) in there being taken to the woodshed, and she deserves it," said former Denver District Attorney Norm Early, who was in Eagle to observe Thursday's proceedings.
After a break of about an hour, Gannett recessed the case until Wednesday.
Hat Tip: Dawn Olsen
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Celebrities, Justice
Comments (4)
Clearly one of the defense ... (Below threshold)1. Posted by So Cal Lawyer | October 12, 2003 1:24 AM | Score: 0 (0 votes cast)
Clearly one of the defense attorneys' goals is to smear the victim in the court of public opinion (aka the future jury pool). That being said, it is looking like there is hard physical evidence that the victim had sex with someone shortly before Kobe. If so, wouldn't this be relevant evidence as to how and why the victim sustained vaginal injuries?
Clearly Kobe's defense attorneys are "on the attack" but the attack may be warranted.
1. Posted by So Cal Lawyer | October 12, 2003 1:24 AM |
Score: 0 (0 votes cast)
Posted on October 12, 2003 01:24
2. Posted by So Cal Lawyer | October 12, 2003 1:30 AM | Score: 0 (0 votes cast)
...and, for what it's worth, Talk Left (who I frequently disagree with but always respect) suggests here that there was no violation of Colorado's rape shield law.
2. Posted by So Cal Lawyer | October 12, 2003 1:30 AM |
Score: 0 (0 votes cast)
Posted on October 12, 2003 01:30
3. Posted by Kevin | October 12, 2003 1:42 AM | Score: 0 (0 votes cast)
Well the alleged victim's attorney denies that such evidence exists and the defense may score enough points with just planting the idea that they never need to bring it up as part of the defense. Again the story you quote may be part of the court of public opinion spin or an avenue of the defense. Planting it in prelims and the media then NOT using it would not be unheard of.
Clearly he is getting top representation for his money. Mackey knows the law, and where the boundries are. All the more reason to infer that naming the girl was deliberate.
I'll defer to TalkLeft's citations on the Rape Shield Law.
3. Posted by Kevin | October 12, 2003 1:42 AM |
Score: 0 (0 votes cast)
Posted on October 12, 2003 01:42
4. Posted by Spoons | October 13, 2003 12:08 AM | Score: 0 (0 votes cast)
Hey, this guy -- who is presumed innocent, after all -- is on trial for his life. Rape shield laws are politically correct, but they're deeply immoral, not to mention blatantly unconstitutional.
I have a hard time getting excited about whether or not Kobe's attorneys broke this law.
4. Posted by Spoons | October 13, 2003 12:08 AM |
Score: 0 (0 votes cast)
Posted on October 13, 2003 00:08