(AP)
In a huge victory for Kobe Bryant, the judge in the NBA star's sexual assault
case ruled Friday that his accuser's sex life during the week of their en-
counter can be used against her at trial.
District Judge Terry Ruckriegle said details of the woman's sexual activities
in the three days before her July 1, 2003, hospital examination are relevant to
help determine the cause of her injuries and the source of DNA evidence. He
also said the credibility of the accuser was a factor.
Colorado's strict rape-shield law, which generally prevents the sex life of
an alleged assault victim from being admitted as evidence, does not apply to
all the information Bryant's lawyers want to introduce, the judge said.
He said he was convinced by the defense that "specific instances of sexual
activity" and evidence of sex can be offered to bolster their contention that
her injuries were not caused by Bryant.
Prosecution spokeswoman Krista Flannigan called it a "very significant ruling
" and said prosecutors would decide how to proceed after reviewing the decision
. The woman's attorney, John Clune, declined comment and defense attorneys did
not return a call.
The defense has suggested the woman had multiple sexual partners in the days
surrounding her June 2003 encounter with Bryant, including sex with someone
after the alleged attack and before she contacted the authorities. The defense
contends injuries found on her during an exam at a hospital could have been
caused by someone other than Bryant.
Ruckriegle agreed that the woman's sex life in the 72 hours before the exam
was relevant, but barred "any and all other evidence" related to her conduct.
Prosecutors could ask the state Supreme Court to review the decision, said
Norm Early, a former Denver district attorney familiar with the case. But he
said such a request could suggest the prosecution believes the ruling harms
their case.
The prosecution can still rely on evidence that includes Bryant's statements
to investigators and a T-shirt stained with the woman's blood. Early also said
the defense would still have to explain why the woman might have had sex before
going to the authorities.
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