Prosecutors Seek New DNA Tests

EAGLE, Colo. —  In an unusual move, prosecutors in the Kobe Bryant sexual assault case want to retest samples taken from his accuser that show traces of semen from two other men.

The original tests were conducted by the Colorado Bureau of Investigation, and the results contradict statements the woman made to investigators.

Defense attorneys have said in court that the evidence suggests the woman had sex after her June 30 encounter with Bryant and before her rape examination. The woman, a 19-year-old hotel worker, told investigators that she did not have sex with anyone besides Bryant between June 28 and the July 1 exam.

Although CBI is the agency that routinely carries out testing for prosecutors throughout the state, Dist. Atty. Mark Hurlbert wants new tests by an independent laboratory.

Robert Cantwell, the CBI director for the last five years, said such a request is unprecedented “in the time I’ve been here.”

Bryant will be in court today for a hearing that many expected would include the setting of a trial date. However, experts now say Judge Terry Ruckriegle is not expected to do so until he decides whether there will be new DNA tests and when they would be completed. Bryant entered a plea of not guilty May 11, and under Colorado law, a trial must begin within six months unless he waives that right.

Hurlbert’s request for new testing was triggered by a demand from Bryant’s attorneys for the genetic profile of two men whose semen was found on vaginal swabs taken from the woman at her rape exam the day after the alleged sexual assault at a mountain resort.

The issue is scheduled to be taken up today in open court, but Hurlbert’s spokeswoman, Krista Flannigan, said Wednesday that Ruckriegle was considering closing that portion of the hearing.

Flannigan acknowledged there was a request for retesting, but said the court “will address that in closed proceedings. It’s all been filed under seal.”

Doug Winters, the lead detective in the case, testified at the October preliminary hearing that the underwear the woman wore to the July 1 rape exam contained sperm and semen from someone other than Bryant, and that pubic hair samples taken from her revealed male Caucasian hairs.

The woman told detectives that the last time she had sex before the alleged rape was June 28 with her boyfriend, and that he used a contraceptive. An attorney representing the woman has said she did not have sex with anyone after the encounter with Bryant and before the rape exam.

Bryant’s attorneys are expected to ask Ruckriegle today to order DNA samples from the two men the defense believes could have had sex with the woman around the time of the alleged rape -- her longtime boyfriend and the hotel bellhop. However, a forensic expert said it would not be unusual for defense investigators to have already obtained their DNA.

“They could follow someone and snatch it off a soda bottle or a cigarette butt,” said John Gaston, owner of New Orleans-based Quest Genetics. “They could get it if he blows his nose on a tissue. And it would be admissible as long as the investigator can testify as to how he obtained it.”

After his court appearance today, Bryant will return to Staples Center for Game 4 of the NBA Western Conference finals between the Lakers and the Minnesota Timberwolves. Before that, several other issues are scheduled to be addressed.

A key portion of the proceeding will be closed to the public and media. Bryant’s attorneys seek records to determine whether state Crime Victim Compensation funds were used to pay for the woman’s multiple stays at expensive drug and alcohol rehabilitation facilities.

In open court, the defense will argue that the testimony of experts on crime scene investigations should be allowed at trial. In a filing, Bryant’s attorneys said their experts will testify that the investigation at the Cordillera Lodge & Spa was “woeful.”

Also, the defense will seek telephone and text messages of the accuser and others in the days around the alleged rape.

“It is extraordinary that there is this buffet table of motions still out there this late in the game,” legal analyst Larry Pozner said.