DA to show evidence of injuries | VailDaily.com

DA to show evidence of injuries

The district attorney Wednesday showed a few of the tools he plans to use to convince the judge that Kobe Bryant should stand trial for sexual assault.

In a motion to block defense attorneys from forcing Bryant’s alleged sexual assault victim to testify at next month’s preliminary hearing, District Attorney Mark Hurlbert said that even without testimony from the alleged victim, he will offer enough evidence to persuade Eagle County Court Judge Fred Gannett to bind the case over for trial in District Court.

Hurlbert said he plans to put Eagle County Sheriff’s Detective Doug Winters on the witness stand.

Hurlbert said he also plans to:

n Play the videotaped interview with the alleged victim.

n Play an electronically enhanced version of Bryant’s interview with investigators.

n Provide photos of the victim’s injuries from the medical examination.

n Through Winters, offer an explanation of those injuries as provided by Valerie Sievers, clinical forensic nurse specialist and coordinator of the Colorado Sexual Assault Nurse Examiners Program.

The evidence outline was part of a motion Hurlbert filed Wednesday asking the court to quash a subpoena from Bryant’s defense attorneys who want to force Bryant’s accuser to appear at the Oct. 9 preliminary hearing. Judge Fred Gannett will rule on whether Bryant’s 19-year-old alleged victim will be forced to testify.

“The subpoena should be quashed because the testimony of (the alleged victim) is not necessary for the establishment of probable cause, and calling her as a witness to testify at the hearing only serves the purpose to obtain discovery without legal justification and will result in causing anxiety and intimidation to the victim,” Hurlbert wrote in Wednesday’s motion. “Allowing the defense to call (the alleged victim) as a witness in a preliminary hearing serves no purpose other than to allow the defense to obtain/generate discovery.”

Hurlbert wrote in Wednesday’s motion that defense attorneys will have the opportunity to cross examine Winters. Hurlbert wrote that Winters obtained the victim’s statements and the defendant’s statements, which corroborated much of the victim’s account.

Hurlbert also wrote that the accuser has moved away from Eagle. He said she would have to travel a half-day to return for the hearing and it would require her to miss one to two days of work, which he said creates a hardship without legal justification.

By issuing a subpoena to the alleged victim, Bryant’s defense team hopes to get a shot at cross examining her, explained local attorney Rohn Robbins.

With testimony from investigating officers, affidavits and medical evidence, Robbins said, the alleged victim is probably not necessary for the district attorney to present enough evidence to bind the case over to District Court for trial.

“The purpose of a preliminary hearing is to determine if there is probable cause to believe that a defendant committed the crime as charged,” Hurlbert wrote in his motion. “The preliminary hearing is not intended to be a mini-trial.”

Bryant’s attorneys, Pamela Mackey and Hal Haddon, did not return a telephone message seeking comment.

Bryant, 25, is charged with sexually assaulting the woman June 30 in his suite at a nearby mountain resort where she worked. He has said the two had consensual sex.

The Los Angeles Lakers guard is free on $25,000 bond pending the Oct. 9 hearing.

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