Volume II. No. 59
 07-25-04
 Kobe Bryant Catches A Break
 author: Vance Cureton
 © Copyright 2004
 

 Several items have dominated the news that last few days. The final 9/11 
 Commission Report has been released. Thus, the blame game between the
 Democrats and the Republicans is revving up strong. The latest pregnant
 white woman who has gone missing has become a national news obsession 
 on the cable side of the remote, a la the Scott Peterson case. And there is 
 speculation in the press that Martha Stewart might actually decide to serve 
 her five months in prison before a higher court hears her appeal.

 In all of this, Kobe Bryant's upcoming rape trial has been relegated to the 
 back burner.This is curious because the salaciousness of any high profile 
 rape case always has the tabloids sniffing around. -- And the mainstream 
 press is usually not far behind. Friday in Colorado, trial judge Terry Ruckreigle 
 ruled that he will permit Kobe's defense team to ask questions { during the 
 course of the trail } of the accuser about her sexual activity in the three days 
 before, and in the immediate hours after the alleged attack took place in that 
 notorious mountain resort hotel room.

 Ruckreigle's ruling may in fact determine that the jury's verdict will have
 more legitimacy, than might have been the case if he had ruled against
 allowing such sexually-themed questions.

 Why?

 There have been numerous reports in the mainstream press and elsewhere,
 that the young woman was sexually active in the days before the alleged 
 rape. And perhaps after the alleged rape, as well. If these allegations are
 correct, then there is a probability that the alleged victim's slight vaginal 
 injuries and DNA material in a pair of her panties taken into evidence by 
 the state, might have been the result of her sexual activities before the 
 unfortunate encounter with Mr. Bryant. At least this is what the defense 
 will plead to the jury.

 Add to these facts the equally salacious rumors that amongst her peers,
 Kobe's accuser has a reputation of sexual availability, and is of a delicate 
 emotional state. It has been widely reported that she has twice attempted 
 suicide. -- Once in the months leading up to the alleged rape. In common 
 parlance she may be a bit of a head case. An emotionally unsettled young 
 woman in need of counseling.

 Does this mean she was not raped by Mr. Bryant? Of couse it doesn't. 
 But in this particular circumstance it seems only fair that if most of her 
 sexual and medical history is to remain out of bounds - that at least her 
 behavior before and after the incident in the hotel room is relevant to 
 the believabiltiy of her rape accusation.

 Judge Ruckreigle has struck a tough compromise. Nothing in his ruling 
 eviscerates Colorado's rape shield law. And now Kobe's defense team 
 has an opportunity to openly question in court if the allegation of rape -
 and the concurrent injuries to her private areas - are a result of the alleged 
 victim's personal activities in the immediate days before the alleged rape.
 Or are the fabrication of an individual who has issues.

 This is a bit harsh from the alleged victim's perspective. But the judge 
 has correctly ruled that such questions are legitimate, and therefore 
 deserve to be asked and answered in open court.

 The sexual violation of a woman can give rise to the most visceral 
 of human emotions. Only murder is more repugnant. When the cry of 
 "rape"is made, jurors want to convict. And will if given the slightest 
 reason. And as we have seen in Martha Stewart's recent trial, court 
 cases can not only be influenced by raw human emotion, but also by 
 other events outside of the court room. Martha committed a relatively 
 small crime. At least, for someone of her means. And yet, Martha is 
 paying a price not only for her mistake. But for those white collar 
 malfeasants who came before her and escaped real justice. -- Martha 
 Stewart is being made an example of because of the politics of the 
 moment.

 If Kobe's accuser takes the stand and is at all credible. Kobe will be 
 in serious trouble. Regardless of whether he actually committed the 
 rape, or is in fact an innocent man. It is a sobering thought that Kobe 
 Bryant might pay for the sins of other accused criminals - particularly
 African-Americans - who have served no jail time.  O.J. Simpson's 
 acquital in his criminal case is still a raw wound. The reason why is
 obvious to anyone who is fair-minded.

 The citizens of Eagle Colorado who will sit in judgement of Mr. Bryant 
 will bring into that jury room their biases, life experiences, and personal 
 prejudices. 

 Just as O.J.'s jury did. 

 Is it too far-fetched to imagine that some on that jury panel will resent 
 Mr. Bryant's enormous wealth, his skill on a basketball court, and his 
 demeanor of arrogance and indifference. Will they not see the precious
 beauty of the young woman who is his wife? Will the shiny diamond 
 ring on her finger esape their attention? A gemstone that some in the 
 press have decided all on their own was a payment to ensure that she 
 remain a fixture at Kobe's side throughout the court case. As if this isn't 
 enough, will the jury not notice the pale complexion of his accuser? Or 
 her blonde hair and fine european features. 

 It will be too easy for the Colorado jury to regard this young woman as 
 one of their own. And to subsequently relegate Kobe Bryant to the role 
 of predatory outsider. 

 All of these are important elements of the court case. And will greatly 
  influence the panel toward a conviction.

 At least in Friday's ruling Ruckreigle has signaled that all relevant 
 facts will be heard by the jury. If Kobe is a rapist he deserves to rot 
 in jail for a very long time. But if he is not, he at least needs a fair
 opportunity to defend himself. Especially given the racial characteristics 
 of the jurisdiction in which he is to stand trial.

 And it is extremely important to note, that whether he is ultimately 
 found innocent or guilty. For all of eternity, the only two individuals 
 who will ever know exactly what happened in that hotel room are 
 Mr. Bryant and his accuser.

 The verdict of any human jury won't change that fact in the least
 

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