Two weeks before the scheduled Kobe Bryant sexual assault trial, prosecutors have made moves that have experts increasingly convinced that the prosecution is faltering, says the Los Angeles Times. They asked the judge for an indefinite continuance, saying the inadvertent release of sealed testimony about the accuser’s sex life had tainted the jury pool. They also appealed to the Colorado Supreme Court, arguing that details of the woman’s sexual activity should not be admitted as evidence. “They’re hoping for lightning to strike and something good to happen,” said Larry Pozner, a Denver attorney and former president of the National Association of Criminal Defense Lawyers. “They’re doing anything they can to stay out of that courtroom right now.”
Analysts do not expect the trial to be postponed. The high court is unlikely to hear the appeal, they said, and the motion for continuance conflicts with Bryant’s right to a speedy trial under Colorado law. Even a short delay could pose logistical problems. “The court has sent out subpoenas to dozens and dozens of witnesses who are planning on showing up,” said Karen Steinhauser, a Denver law professor. “These people have arranged their schedules and set aside time. I don’t see how the judge can grant the request.” Prosecutors, who earlier had been eager to set a trial date, could drop the charges and refile them later. Double jeopardy does not apply until a jury is sworn in.