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Bryant's 'Secret' Statements Scrutinized

Posted on: Tuesday, 3 February 2004, 06:00 CST

After a sick day, Kobe Bryant returned to court Tuesday for a hearing aimed at determining whether the NBA star's secretly recorded statements to investigators can be used as evidence at his sexual assault trial.

Sheriff's investigators were scheduled to testify Tuesday about the circumstances surrounding a 75-minute interview they conducted with Bryant in his room at the Lodge & Spa at Cordillera.

Attorneys for the Los Angeles Lakers star say prosecutors shouldn't be allowed to use Bryant's statement because it was secretly taped and he was never read his rights.

State District Judge Terry Ruckriegle had decided that portions of Tuesday's hearing would be conducted in public, with officers testifying behind a screen to protect their undercover identities for work in other cases.

Bryant missed Monday's hearing because of an undisclosed illness. His right hand was bandaged because of an accident in his garage last week that required eight to 10 stitches.

Bryant, 25, has said he had consensual sex with the 19-year-old employee of the mountain resort near Vail where he stayed last June. If convicted of sexual assault, he faces four years to life in prison or 20 years to life on probation.

Besides Bryant's statement, which his lawyers say includes "intensely personal" disclosures, the defense has also asked the judge to throw out all evidence collected during and after the interview.

That includes Bryant's T-shirt, which investigators said had blood from the alleged victim.

Legal observers say that in order to get the statement thrown out, the defense must show that Bryant felt he was unable to leave the interview. Someone who is being questioned in custody must be read their Miranda rights.

Loyola Law School-Los Angeles professor Stan Goldman said Bryant's attorneys would probably focus on things like how many officers were in the room during the interview, where they were positioned and whether they were visibly armed.

"It really depends on whether a reasonable person felt they could leave," Goldman said.

On Monday, at least seven witnesses, including the alleged victim's mother, were called to testify behind closed doors on whether the woman waived her right to medical privacy by discussing her medical history with relatives and others.

At least two witnesses appeared close to tears when they left the courtroom.

The argument is key: The defense wants to be able to use the woman's medical background against her in hopes of undermining her credibility and backing up its claim that she had a "scheme" to falsely accuse Bryant.

Defense attorneys have said the woman twice attempted suicide and was taking an anti-depressant in the months before her encounter with Bryant.

If the judge rules the woman waived her medical privacy rights, the defense would still have to prove the information is relevant to be able to use it against her at trial.

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Associated Press writer Jon Sarche contributed to this report.

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