Bryant Lawyers Ask for Some File Secrecy

Kobe Bryant’s attorneys filed arguments on two issues in his sexual assault case Tuesday, agreeing with prosecutors that some court files pertaining to sensitive evidence should be sealed from public view and objecting to a media request to place a camera in the courtroom during upcoming motions hearings.

Rather than endorsing an earlier request by Deputy Dist. Atty. Ingrid Bakke that all motions addressing evidence be sealed, Bryant’s attorneys merely said they did not object and offered an alternative.

Attorney Pamela Mackey cited the procedure used by Eagle County Judge Frederick Gannett leading up to the October preliminary hearing, saying it worked well. Those motions, which were not sealed, contained “the barest of factual allegations,” Mackey wrote, with more intensive discussion of those claims provided separately with a request that they be sealed.

Mackey agreed with prosecutors that “some precautions to prevent any potential tainting of the jury pool are appropriate,” which some legal experts took as an indication that the defense might want the trial to remain in Eagle County.

“I don’t see the defense at this point being interested in a change of venue,” said Larry Pozner, a Denver criminal defense attorney who has followed the case closely. “The pretrial publicity, especially in Eagle County, has been exceedingly anti-prosecution of late.”

Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted. The Laker star is accused of raping a 19-year-old Eagle woman June 30 at a mountain resort and is free on $25,000 bond. He says they had consensual sex.

In a separate filing, the defense opposed a request to have a photographer in the courtroom but did not object to having photographers in the courthouse hallway for a Dec. 19 hearing that will address several issues, such as whether the accuser’s medical records and statements Bryant made to investigators are admissible.

Colorado law is clear on the types of court proceedings where cameras are allowed in the courtroom and, Mackey wrote, this will not be one of them. An attorney representing the media groups that asked for the cameras said he probably will not fight the defense argument.

However, media groups will vigorously protest a prosecution request that District Judge Terry Ruckriegle issue a blanket sealing order on all evidentiary motions.

“Only when there is a substantial probability of prejudice to a defendant’s right to a fair trail and a lack of alternative means to protect those rights” can a court filing be sealed, media attorney Steve Zansberg said. “A lot what is admitted in the court file won’t be admitted as evidence at trial. That doesn’t mean the public is not entitled to know this information.”