Kobe Bryant Ordered to Stand Trial

Kobe Bryant must stand trial for felony sexual assault, a Colorado judge ruled Monday, even as he acknowledged that the case against the Laker star was weak.

In a comprehensive nine-page filing, Eagle County Judge Frederick Gannett said prosecutors had established probable cause to send the case to district court, meaning the unnerving shadow hanging over the Laker season will linger for months while Bryant fights charges that could lead to a lifelong prison sentence.

In his last decision pertaining to the case -- a district judge will take it from here -- Gannett made it clear the prosecution case did not overwhelm him:

“Almost all of the evidence,� he said, “permits multiple inferences, which ... do not support� sending the case to trial..

Nevertheless, he continued, a trial is warranted because “the alleged victim’s statement presents evidence of sexual intercourse against her will and subject to the application of force, resulting in pain and injury.�

Bryant could enter a plea as early as the morning of Nov. 10, when he will appear before a 5th District judge in Eagle, Colo.Later that day, the Lakers are scheduled to play a regular-season game in Memphis, Tenn. If he does not enter a plea then, a separate arraignment could be scheduled several weeks later.

Laker officials had no comment on the ruling, or the timing of the next scheduled hearing. Bryant was unavailable for comment after the ruling, but earlier in the day told reporters, “God will carry me the rest of the way. I’m pretty comfortable with that. You do that, you’ll have no problem whatsoever.�

Bryant, 25, and his 19-year-old accuser had sex June 30 at an Edwards, Colo., resort hotel where the woman worked. She says he raped her, telling the detective who testified at the preliminary hearing that Bryant grabbed her by the neck and forced her to have intercourse.

Bryant has said the sex was consensual, although his statement to investigators was not heard in open court during a preliminary hearing that spanned two days -- Oct. 9 and Oct. 15 -- and included more than eight hours of testimony.

Gannett, who took five days to issue his ruling, offered a glimpse into Bryant’s version of events, writing, “The closed testimony pertaining to the defendant’s statement� contradicts the victim’s version of what took place before and during the time the two had sex.

Legal experts weren’t surprised by Gannett’s decision to order a trial, but many agreed with Denver criminal defense attorney Larry Pozner’s between-the-lines analysis: “This is a judge saying, ‘If that’s your best case, then why are we here?’ �

Added Robert Pugsley, a professor at Southwestern University School of Law in Los Angeles, “Rarely have I seen a message on probable cause that was that blunt in telling the prosecutor that he was hanging by a thread.�

Bryant attorney Hal Haddon explained why the defense team went ahead with the preliminary hearing despite predictions that it would be waived. He also made it clear what he expects the outcome of a trial to be:

“As the court notes in its decision, almost all of the evidence viewed either independently or collectively does not support a finding of probable cause, let alone proof beyond a reasonable doubt, the test to be applied at trial.

“It is only because the court was constrained by Colorado case law requiring inferences to be made in the light most favorable to the prosecution that this matter barely survived the test of the preliminary hearing.

“Judge Gannett’s decision does not change the fact that this case cannot be proven beyond a reasonable doubt and should never have been filed.... Because Kobe Bryant is innocent, the prosecution’s case simply had to be tested despite the fact that the odds were against us prevailing. We will prevail at trial.�

Eagle County Dist. Atty. Mark Hurlbert held a different view, stating that he is “pleased with the judge’s decision, although we had confidence all along in the case and presentation of evidence, and we were therefore confident it would be bound over to district court.�

A trial would be scheduled within six months of the arraignment under Colorado’s speedy trial law, although Bryant could waive that right, meaning the proceedings could take place as soon as March or as late as next fall. Prosecutors could object to an attempt by Bryant to push back the trial, but experts say defense attorneys would have sound reasons to take their time.

“There are going to be a lot of evidentiary issues before they pick a jury,� said Karen Steinhauser, a former prosecutor who teaches law at the University of Denver. “Prosecutors requested money for a lot of expert witnesses. I’m sure the defense will have its own experts. It takes time to find the experts and have them review the case.�

Said Pozner: “I think the trial will happen after the season, but it will be for reasons pertaining to case preparation. [Bryant attorneys Pamela Mackey and Haddon] will ignore the Laker season. What they won’t ignore is the time needed to complete a thorough investigation. The motions coming up are critical. They will shape what a jury hears.�

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At least four key issues must be determined before trial through written motions, responses and evidentiary hearings:

* The admissibility of Bryant’s statement to investigators July 1. He may not have been read his Miranda rights and he might have made the statements while under the influence of painkillers. He had knee surgery earlier in the day.

* Whether evidence of the woman’s sexual activity with other men in the days surrounding her encounter with Bryant will be protected by rape-shield statutes and be deemed inadmissible at trial. The defense contends that vaginal lacerations could have been caused by someone other than Bryant.

* The admissibility of medical records pertaining to the woman’s February and May suicide attempts and other evidence that may call her credibility into question.

* Whether the trial will be held in tiny Eagle County or in another Colorado jurisdiction.

“It’s a bit early for either side to be declaring victory,� said Norm Early, a former Denver district attorney. “The prosecution gave just enough in terms of quantity and just enough in terms of direct evidence.�

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The Associated Press contributed to this report.

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Bryant timeline

June 30: Kobe Bryant has sex with a 19-year-old employee of the Cordillera Lodge in Edwards, Colo., at about 11 p.m. She later says he raped her. He says the encounter was consensual.

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July 1: The woman reports the alleged rape to Eagle County Sheriff’s Department investigators, who also take a statement from Bryant. The woman and Bryant go to separate hospitals for medical tests.

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July 4: Eagle County Sheriff Joe Hoy defies the wishes of Dist. Atty. Mark Hurlbert and persuades a judge to issue an arrest warrant for Bryant. Bryant surrenders and is released after posting $25,000 bond.

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July 18: Hurlbert files a single count of felony sexual assault, punishable by four years to life in prison. Bryant holds a news conference to say he committed adultery but is innocent of rape.

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Aug. 6: Bryant makes an initial court appearance that lasts only seven minutes.

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Oct. 4: Laker training camp opens in Honolulu and Bryant is a no-show. He arrives the next day and says he is “terrified� about the case.

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Oct. 9: The preliminary hearing begins in open court. The often explicit testimony lasts more than five hours.

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Oct. 15: The preliminary hearing is completed.

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Monday: Eagle County Judge Frederick Gannett rules Bryant must stand trial in a nine-page filing that also points out weaknesses in the prosecution’s case.

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Oct. 28: The Lakers are scheduled to open their season at home against the Dallas Mavericks.

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Nov. 10: Bryant is scheduled to make his initial appearance in district court. He may enter a plea, but also could postpone his arraignment for several weeks.

-- Steve Henson