The presiding judge in the Kobe Bryant case has ruled that the alleged victim’s sexual activity near the time of her reported assault will be admissible at his rape trial, says the Rocky Mountain News. “This is a huge victory for the defense,” said former Denver prosecutor Craig Silverman. He predicted it’s possible that the order by Judge Terry Ruckriegle could convince prosecutor Mark Hurlbert not to take the high-profile case to trial. “They have established exceptions to Colorado’s rape shield law,” said Silverman. “If they can present credible evidence that this young lady had sex after Kobe Bryant, but before she went to the cops, then it is hard to see how the prosecution can possibly prevail.” Dan Recht, past president of the Colorado Criminal Defense Bar, said, “This is devastating for the prosecution. It will at least make them think about whether they want to go forward, or not.”
Prosecution spokeswoman Krista Flannigan said, “It’s such a significant ruling, that we need the opportunity to carefully evaluate and make decisions about how we’re going to proceed.” Nearly 1,000 jury summons were mailed out to Eagle County residents last week, for a trial expected to last at least three weeks, and perhaps significantly longer. Jury selection is scheduled to begin Aug. 27.