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Bryant Defense Takes Offensive

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Times Staff Writer

Kobe Bryant’s attorneys have filed a flood of court motions in advance of a pretrial hearing Friday, arguing that the credibility of the woman is suspect -- and pertinent to the case.

The most significant of the 10 defense motions made public Monday asserts that two purported suicide attempts by the 19-year-old Eagle, Colo., woman should be admissible because they “establish the accuser’s motive, scheme, plan and modus operandi of creating drama in her life to get attention.”

Attorney Pamela Mackey also said the woman was prescribed an anti-psychotic drug for the treatment of schizophrenia and that she uses suicide attempts to gain the attention of an ex-boyfriend “without regard to the harm caused to others.”

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While Bryant’s legal team was busy, so were prosecutors, who on Monday filed six motions of their own.

Bryant, 25, is charged with raping the woman June 30 at a mountain resort where she worked and he was a guest. He says they had consensual sex.

Bryant is expected to attend the hearing Friday, which begins at 9 a.m. and is not expected to end until after 5 p.m. The Lakers play host to the Denver Nuggets that night, and it is doubtful that Bryant could make it back to Los Angeles in time to play.

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Laker spokesman John Black said Bryant had flu-like symptoms and did not attend Monday’s practice in El Segundo. Most of the team is off today and Wednesday, with full-squad workouts resuming Thursday.

Several defense motions filed Monday were far-reaching broadsides that presiding Judge Terry Ruckriegle must rule on before trial:

* Mackey said that much of the evidence against Bryant was obtained illegally by detectives in the hours following the alleged rape at the Lodge & Spa at Cordillera in Edwards.

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The defense seeks to bar an interview of Bryant secretly taped by investigators and a T-shirt and track pants he was wearing. Investigators say the woman’s blood was found on the shirt.

“At no time did the detectives advise Mr. Bryant of his Miranda rights,” Mackey wrote. “At no time did they advise him that he was being tape recorded. Nor did they advise him that they possessed a search warrant until after they interrogated him.... They cannot therefore justify the seizure of the clothes.”

* In a 15-point motion as audacious as it was exhaustive, Mackey asked that Ruckriegle overturn the Colorado rape shield law that limits what defense lawyers can ask about an alleged rape victim’s sexual history.

“Mr. Bryant seeks to introduce specific instances of the accuser’s sexual conduct,” Mackey wrote. “After all, it is criminal defendants, not sexual assault accusers, who have the state and federal constitutional right to confront the witnesses against them.”

* The defense asked that Ruckriegle approve a comprehensive interview process for prospective jurors that includes a questionnaire.

Much of the evidence in support of the defense motions was filed under seal.

Among prosecutors’ requests to Ruckriegle was one asking that Bryant have his hand span measured. The alleged victim told detectives that Bryant had both hands around her neck during the sexual encounter, although the lead investigating detective has testified that there was no evidence of bruises on her neck or shoulders.

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Bryant’s “hand span is material and relevant to proof at trial regarding the use of force and violence by the defendant,” Dist. Atty. Mark Hurlbert wrote.

Prosecutors also asked that Ruckriegle hold special hearings to determine the relevance of the woman’s drug and alcohol use and to determine the relevance of evidence the defense plans to introduce pertaining to her medical or mental health history. Hurlbert wrote that the defense might have information the prosecution does not have, which “is likely to be inaccurate and unfairly prejudicial.”

Perhaps anticipating a defense motion, prosecutors asked that any evidence Bryant’s attorneys have of the accuser falsely reporting other sexual assaults be filed under seal.

“The accuser’s credibility is crucial,” Mackey wrote. “Without her testimony, the prosecution literally has no case.”

It is unclear how many of the 16 motions released Monday would be considered by Ruckriegle on Friday. Another motions hearing is scheduled Jan. 23 and the judge asked both sides to submit dates in February, March and April for additional hearings.

Bryant, a five-time NBA All-Star, faces four years to life in prison or 20 years to life on probation if convicted. No trial date has been set.

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