Judge Apologizes for Court’s Errors

EAGLE, Colo. —  The judge in the Kobe Bryant sexual assault case apologized Friday for a series of mistakes by the court that resulted in the accuser’s name and other confidential information being disseminated to the public.

As the parents of the 20-year-old accuser looked on from the gallery, Terry Ruckriegle ended a brief hearing in open court by saying, “For all those who come through these doors, victims and defendants alike, whose names are never known and never sought, I can only assure you that I have learned lessons from these mistakes, and that we will give our best human effort not to let it happen again.”

An order by Ruckriegle that contained the accuser’s last name and previously undisclosed evidence was erroneously posted online Wednesday, nine days after an attorney for the woman chastised the judge in open court for earlier mistakes.

The accuser’s name was left on a court filing in September, and transcripts from a closed hearing June 21 and 22 were mistakenly e-mailed to seven news organizations, including The Times. Ruckriegle quickly ordered the news outlets not to publish the contents of the transcripts and was backed by the Colorado Supreme Court.

On direction from the U.S. Supreme Court, the judge released a small portion of the transcripts in edited form Thursday. Prosecutors and Bryant’s attorneys agreed on redactions from the remainder of the transcripts in closed court Friday, and the document will be released by Tuesday at noon.

Attorneys representing the media groups, which include The Times, requested an immediate stay of Ruckriegle’s order, saying that the judge has ignored the Supreme Court direction to publish the transcripts “imminently.” The Supreme Court is considering the request.

The media attorneys also contend that the latest mistake by court personnel underscores the need for a quick ruling by the high court.

“The only reason the judge did not issue a prior restraint in the latest mistake is that he didn’t catch it in time,” the media group wrote. “The government’s effort to impose censorship in this case has attracted far more attention to these matters than any news report about the transcript that might have been published a month ago and long since forgotten.”

Ruckriegle did not address the transcripts Friday, instead focusing on a general apology.

“Several years ago when this court began sponsoring classes called ‘Parenting With Love and Logic,’ a man named Jim Fay taught me, and thousands of parents, that when children and people make mistakes, they should not be castigated and ridiculed,” Ruckriegle said.

“He called those mistakes SLOs, significant learning opportunities, where the people making the mistakes and those around them learned lessons in life and grew from them as part of their development.

“Long after all of the people who have flocked to Eagle County from around the country, and some around the world, have returned to their own communities, all of us who work for this court and courts around the country will be here, in sometimes empty courthouses, to make some of the same decisions based upon the laws and constitutions that we are sworn to uphold.”

As he finished the apology, Ruckriegle glanced at the accuser’s parents, who nodded slightly. Bryant had no reaction.

“These are grievous mistakes, they have serious consequences and the court doesn’t seem interested in doing anything about it,” said John Clune, an attorney who represents the woman. “The court should not only apologize to this family, but also explain why they should not be suspicious of now three violations of this girl’s privacy.

“[Her family] has no confidence that anything done through the courts won’t end in disaster.”

Also during the half-hour in open court, the defense informed the judge that it would introduce evidence from Bryant’s medical examination the day after the alleged rape, even though Ruckriegle has ruled that the evidence was obtained illegally.

Deputy Dist. Atty. Ingrid Bakke said that prosecutors are not certain whether they will introduce DNA evidence other than the bloody T-shirt Bryant wore during the alleged rape.

Before the judge took a recess, both sides agreed that jury selection would take about three days, beginning Aug. 27. Ruckriegle has said opening arguments are expected around Sept. 7.

The proceedings continued in closed court. Prosecutors were scheduled to challenge the testimony of two DNA experts, Elizabeth Johnson and Yvonne Woods. Johnson works for the defense and Woods is an employee of the Colorado Bureau of Investigation, whom Bryant’s attorneys said they will call as a witness.