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Bryant's lawyers request reduction of rape charge
Lawyers for basketball star Kobe Bryant asked a judge on Tuesday to reduce a rape charge against their client because prosecutors will not allow a defense expert to observe key DNA retesting. The defense and prosecutors have been bickering over the issue of DNA retesting on four swabs taken from the 19-year-old Colorado woman who has accused the Los Angeles Laker of raping her last summer. Bryant has pleaded not guilty and said the two had consensual sex at a Vail-area resort where she worked. The DNA testing is important for the defense because it contends that the woman had consensual sex with another man hours after she said Bryant raped her and before she reported the crime. The defense wants the charge reduced from a class three felony to class four, which, if granted would lower the minimum prison term to two years from four years and does not include the element of violence. "It essentially halves the penalties, although the upper sentencing range (life) is still high. But removing the allegation of force would be a major benefit to Bryant," Denver attorney and former prosecutor Craig Silverman said. But it is doubtful the sanction will be granted, Pete Hautzinger, chief deputy prosecutor for Mesa County in western Colorado said. Bryant's lawyers recently complained that prosecutors were not abiding by Eagle County Judge Terry Ruckriegle's ruling that ordered prosecutors to choose an independent laboratory that would allow a defense expert to be present during the testing. According to the defense, prosecutors selected a laboratory, Bode Technologies, to do the independent testing because it is a lab that would not allow a defense expert to be present. "Given the history of prosecution delay regarding defense access to crucial physical evidence in this case - which is replete in the record - sanctions are appropriate," Bryant's attorneys Pamela Mackey and Hal Haddon said in a court filing. Bryant is expected back in a Colorado courtroom next week for another round of pre-trial hearings. No trial date has been set because of the uncertainty surrounding the DNA testing schedule. |
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