Report: Bryant accuser told decision
Associated Press
Eagle County District Attorney Mark Hurlbert is hours away from announcing whether his office will charge Los Angeles Lakers star Kobe Bryant with the sexual assault of a 19-year-old Colorado woman, but Hurlbert reportedly already has informed the alleged victim's family of his decision.
THE VAIL DAILY NEWS said Hurlbert talked to the alleged victim's family Thursday night. The alleged victim's family referred all questions to the District Attorney's Office.
The Vail Daily also said Bryant likely would be charged, but the newspaper didn't back up the report with much depth.
Hurlbert said Thursday he will announce his determination on the charges during a 5 p.m. ET news conference.
Georgetown attorney Rob Wheeler, a former prosecutor with the District Attorney's Office, told the Vail Daily Thursday night that he had been retained by the alleged victim's family. He made his first appearance at Thursday's hearing at which the Vail Daily argued for dispatch records to the alleged victim's house.
Bryant's attorney, Pamela Mackey, has scheduled a news conference at 9 p.m. EDT at Staples Center in Los Angeles. It was not known whether Bryant will attend.
Bryant, a three-time NBA champion with the Los Angeles Lakers, surrendered to authorities July 4 on allegations he attacked a 19-year-old woman at the exclusive mountain resort Lodge & Spa at Cordillera in nearby Edwards on June 30.
Sheriff Joe Hoy, elected in November, decided there was enough evidence to arrest Bryant on July 4, even though Hurlbert hadn't made a decision then.
Hurlbert, a former assistant district attorney promoted by the governor in December, has been reviewing the results of tests from the state crime laboratory. Both Bryant and his female accuser underwent unspecified medical tests.
The five-time All-Star was in Colorado for knee surgery at a Vail clinic. In his only public comments on the case, Bryant told the Los Angeles Times he "would never do something like that."
Bryant attended the ESPY Awards in Los Angeles on Wednesday, but he avoided the media in his first public appearance since his arrest. He sat in the audience smiling and laughing with his wife.
If charges are filed, Bryant would have to return to Colorado on Aug. 6.
The case has drawn national attention to this mountain town about 100 miles west of Denver.
On Thursday, The Vail Daily newspaper asked a judge to order the release of two police reports related to the woman from a month before the alleged attack. The newspaper wants to know if the police reports are relevant to the woman's background and whether investigators have been thorough, Managing Editor Don Rogers said.
The judge gave Eagle's town lawyer until July 25 to submit arguments against releasing the reports.
Details of the case have been sealed under a court order.
But the Vail Daily, quoting a source close to the investigation, reported that law enforcement officials were notified of the alleged assault at around noon on July 1, the day after the alleged incident occurred and the day of Bryant's knee surgery.
Bryant was questioned about 11:30 p.m. that night, and was later taken to the Valley View Hospital in Glenwood Springs, between 2:30 and 5 a.m. on July 2, where he provided DNA samples. The alleged victim was also tested, but not at same time.
According to the newspaper, Eagle County Sheriff Joe Hoy issued a warrant for Bryant's arrest on a count of felony sexual assault on July 4. Bryant turned himself in at the Eagle County jail, posted $25,000 bond and flew back to California that night.
Authorities have said they are treating Bryant like any other suspect, though sheriff's investigators didn't reveal his arrest until July 6 -- two days after he was released on $25,000 bail.
Bryant's attorney in Denver, Pamela Mackey, has accused the sheriff's office of rushing the case against Hurlbert's wishes.
Mackey was not in her office Thursday and a secretary said she would not be available until Monday.
As for the 911 calls, Eagle Town Manager William Powell explained that the calls were not made public because they "are not directly related to the alleged incident with Kobe Bryant. They occurred some time before the incident. Second, although we firmly believe in and support 'the public's right to know,' we also support victims' rights and their right to privacy."
Friends have backed the credibility of the woman.
"I believe her," said Renee Scriver to the Los Angeles. Scriver coached Bryant's accuser in cheerleading. "She's a good kid, always respectful, honest - a good person."
For his part, Bryant has had a spotless reputation until this incident. His teammates and Laker management, have said a sexual assault would be "completely out of character."
Hurlbert has been quiet on what his decision will be. According to the L.A. Times, Hurlbert told staff members he was intent on keeping his decision a secret until Friday.
The paper also reported that the father of the alleged victim declined to comment on whether Hurlbert had informed him of his decision.
Experts say Hurlbert, a 34-year-old Dartmouth graduate who grew up in neighboring Summit County, also has to consider the wishes of the woman and whether she's ready for the intense public scrutiny that would follow the filing of charges.
"I think the district attorney has a decision of a lifetime. It's understandable that he wants to take his time," legal analyst Craig Silverman, a former Denver prosecutor, said Thursday.
Silverman said the tension created by the arrest and subsequent media attention made it tougher for Hurlbert to do his job.
"All of this could have been going on without any public attention if the sheriff had kept his powder dry," instead of arresting Bryant before Hurlbert decided whether to prosecute, Silverman said.
Former Eagle County prosecutor Bruce C. Carey said DNA testing would not be definitive if there is a dispute over whether the alleged sexual contact was consensual. The district attorney would then need to rely on investigations of the backgrounds of Bryant and the woman.
Until now, Hurlbert's biggest decision as district attorney may have been deciding not to prosecute a British man involved in a fatal skiing collision on March 2.
As an assistant district attorney, Hurlbert won a second-degree murder conviction in 2002 against Chuck Garrison, accused of killing his wife and burying her body in his yard.
Bryant is accused of assaulting the woman on the night of June 30, soon after he checked into the Lodge & Spa at Cordillera outside Edwards. He was in town to have knee surgery at the Steadman Hawkins Clinic in nearby Vail. The woman, who worked at the front desk of the hotel, reported the alleged assault the following day.
The woman is well-known in Eagle as a former high school cheerleader and talented musician who auditioned for "American Idol" last year.
Bryant is a popular player in part because he has shown a dignity many fans feel is lacking in other NBA stars. He frequently appears in television advertising campaigns and has a multimillion-dollar contract with Nike.
He met his wife, Vanessa Laine, in April 2001 and the two were engaged while she was still in high school. Their first child, Natalia Diamante Bryant, was born in January.
Associated Press
Eagle County District Attorney Mark Hurlbert is hours away from announcing whether his office will charge Los Angeles Lakers star Kobe Bryant with the sexual assault of a 19-year-old Colorado woman, but Hurlbert reportedly already has informed the alleged victim's family of his decision.
THE VAIL DAILY NEWS said Hurlbert talked to the alleged victim's family Thursday night. The alleged victim's family referred all questions to the District Attorney's Office.
The Vail Daily also said Bryant likely would be charged, but the newspaper didn't back up the report with much depth.
Hurlbert said Thursday he will announce his determination on the charges during a 5 p.m. ET news conference.
Georgetown attorney Rob Wheeler, a former prosecutor with the District Attorney's Office, told the Vail Daily Thursday night that he had been retained by the alleged victim's family. He made his first appearance at Thursday's hearing at which the Vail Daily argued for dispatch records to the alleged victim's house.
Bryant's attorney, Pamela Mackey, has scheduled a news conference at 9 p.m. EDT at Staples Center in Los Angeles. It was not known whether Bryant will attend.
Bryant, a three-time NBA champion with the Los Angeles Lakers, surrendered to authorities July 4 on allegations he attacked a 19-year-old woman at the exclusive mountain resort Lodge & Spa at Cordillera in nearby Edwards on June 30.
Sheriff Joe Hoy, elected in November, decided there was enough evidence to arrest Bryant on July 4, even though Hurlbert hadn't made a decision then.
Hurlbert, a former assistant district attorney promoted by the governor in December, has been reviewing the results of tests from the state crime laboratory. Both Bryant and his female accuser underwent unspecified medical tests.
The five-time All-Star was in Colorado for knee surgery at a Vail clinic. In his only public comments on the case, Bryant told the Los Angeles Times he "would never do something like that."
Bryant attended the ESPY Awards in Los Angeles on Wednesday, but he avoided the media in his first public appearance since his arrest. He sat in the audience smiling and laughing with his wife.
If charges are filed, Bryant would have to return to Colorado on Aug. 6.
The case has drawn national attention to this mountain town about 100 miles west of Denver.
On Thursday, The Vail Daily newspaper asked a judge to order the release of two police reports related to the woman from a month before the alleged attack. The newspaper wants to know if the police reports are relevant to the woman's background and whether investigators have been thorough, Managing Editor Don Rogers said.
The judge gave Eagle's town lawyer until July 25 to submit arguments against releasing the reports.
Details of the case have been sealed under a court order.
But the Vail Daily, quoting a source close to the investigation, reported that law enforcement officials were notified of the alleged assault at around noon on July 1, the day after the alleged incident occurred and the day of Bryant's knee surgery.
Bryant was questioned about 11:30 p.m. that night, and was later taken to the Valley View Hospital in Glenwood Springs, between 2:30 and 5 a.m. on July 2, where he provided DNA samples. The alleged victim was also tested, but not at same time.
According to the newspaper, Eagle County Sheriff Joe Hoy issued a warrant for Bryant's arrest on a count of felony sexual assault on July 4. Bryant turned himself in at the Eagle County jail, posted $25,000 bond and flew back to California that night.
Authorities have said they are treating Bryant like any other suspect, though sheriff's investigators didn't reveal his arrest until July 6 -- two days after he was released on $25,000 bail.
Bryant's attorney in Denver, Pamela Mackey, has accused the sheriff's office of rushing the case against Hurlbert's wishes.
Mackey was not in her office Thursday and a secretary said she would not be available until Monday.
As for the 911 calls, Eagle Town Manager William Powell explained that the calls were not made public because they "are not directly related to the alleged incident with Kobe Bryant. They occurred some time before the incident. Second, although we firmly believe in and support 'the public's right to know,' we also support victims' rights and their right to privacy."
Friends have backed the credibility of the woman.
"I believe her," said Renee Scriver to the Los Angeles. Scriver coached Bryant's accuser in cheerleading. "She's a good kid, always respectful, honest - a good person."
For his part, Bryant has had a spotless reputation until this incident. His teammates and Laker management, have said a sexual assault would be "completely out of character."
Hurlbert has been quiet on what his decision will be. According to the L.A. Times, Hurlbert told staff members he was intent on keeping his decision a secret until Friday.
The paper also reported that the father of the alleged victim declined to comment on whether Hurlbert had informed him of his decision.
Experts say Hurlbert, a 34-year-old Dartmouth graduate who grew up in neighboring Summit County, also has to consider the wishes of the woman and whether she's ready for the intense public scrutiny that would follow the filing of charges.
"I think the district attorney has a decision of a lifetime. It's understandable that he wants to take his time," legal analyst Craig Silverman, a former Denver prosecutor, said Thursday.
Silverman said the tension created by the arrest and subsequent media attention made it tougher for Hurlbert to do his job.
"All of this could have been going on without any public attention if the sheriff had kept his powder dry," instead of arresting Bryant before Hurlbert decided whether to prosecute, Silverman said.
Former Eagle County prosecutor Bruce C. Carey said DNA testing would not be definitive if there is a dispute over whether the alleged sexual contact was consensual. The district attorney would then need to rely on investigations of the backgrounds of Bryant and the woman.
Until now, Hurlbert's biggest decision as district attorney may have been deciding not to prosecute a British man involved in a fatal skiing collision on March 2.
As an assistant district attorney, Hurlbert won a second-degree murder conviction in 2002 against Chuck Garrison, accused of killing his wife and burying her body in his yard.
Bryant is accused of assaulting the woman on the night of June 30, soon after he checked into the Lodge & Spa at Cordillera outside Edwards. He was in town to have knee surgery at the Steadman Hawkins Clinic in nearby Vail. The woman, who worked at the front desk of the hotel, reported the alleged assault the following day.
The woman is well-known in Eagle as a former high school cheerleader and talented musician who auditioned for "American Idol" last year.
Bryant is a popular player in part because he has shown a dignity many fans feel is lacking in other NBA stars. He frequently appears in television advertising campaigns and has a multimillion-dollar contract with Nike.
He met his wife, Vanessa Laine, in April 2001 and the two were engaged while she was still in high school. Their first child, Natalia Diamante Bryant, was born in January.
