Sports Illustrated broke a story about a new woman who claims to have been victimized by Kobe.

A New Witness
Prosecutors plan to subpoena a woman who could alter the course of the Kobe Bryant case

By Jeff Benedict

The past five weeks could not have gone much worse for the team prosecuting the Kobe Bryant sexual assault case. A court clerk mistakenly released to the media transcripts of a closed hearing involving the accuser's sexual history, and the court later posted on its website a sealed document that revealed the accuser's last name, prompting an apology from trial judge Terry Ruckriegle. Lead prosecutor Mark Hurlbert withdrew from the case. Ruckriegle ruled that certain information about the accuser's sexual history was admissible and also released a transcript revealing that Bryant's accuser received more than $17,000 from a victim-compensation fund -- which the defense spun to suggest that she had a financial motive to lie. Now, however, an aggressive move by prosecutors may shift the momentum, and even drag Shaquille O'Neal into court as a witness.

SI has learned that prosecutors plan to subpoena a 22-year-old Florida waitress who claims she was the object of unwanted sexual advances by Bryant. Prosecutors have notified Bryant's lawyers that the woman may be called as a witness at the trial, set to begin on Aug. 27 in Eagle, Colo. Her testimony might be used by the prosecution to show that aggressive sexual actions are part of Bryant's pattern of behavior. (Pamela Mackey, Bryant's lead attorney, did not respond to SI's efforts to reach her.)

According to the Florida woman and others familiar with her allegation, she was among the employees of Orlando's Planet Hollywood restaurant who worked at a private party at O'Neal's home on Thanksgiving 2002. The Lakers were in Orlando to play the Magic, and O'Neal, who owns a 26,000-square-foot house in the city's Isleworth neighborhood, hosted a team dinner.
The woman alleges that Bryant approached her and asked for her cellphone number, which she provided. Later, Bryant asked her to get him a soft drink and bring it to him outside, which she did in the presence of another man. Bryant then cornered her and groped her private parts. She says Bryant laughed as she pushed him away, and that she retreated inside O'Neal's home and called her mother. The next day, the woman says, she received a call from a man who said he was an associate of Bryant's, apologizing for Bryant's behavior.

The woman did not initially report any of this to the police. But after Bryant was charged on July 18, 2003, she saw the news conference at which he said of his accuser, "I didn't force her to do anything against her will. I am innocent." This prompted the Florida woman to call Colorado prosecutors and report her alleged encounter with Bryant. After hearing her story, according to sources in the Los Angeles D.A.'s office, investigators from L.A. teamed with Eagle prosecutors and contacted O'Neal through his agent, Perry Rogers, and told him that O'Neal could become a witness in Bryant's case. Within hours the investigators heard from David Chesnoff, a criminal defense lawyer who said he represented O'Neal. Though the investigators assured him that his client was not a suspect, Chesnoff said O'Neal would not speak with them. O'Neal could, however, be called to testify in Colorado. (Chesnoff and Rogers told SI that they could not discuss anything related to their client.)

A subpoena was required for the Florida woman because she had decided that she did not want to be a witness in a case in which the accuser has been subjected to threats and smears. Her participation is significant, though, because it could cause Bryant's lawyers to think twice before calling their client to the stand. Under Colorado rules of evidence, the Florida woman can be called as a rebuttal witness by the prosecution, now led by Ingrid Bakke and Dana Easter -- the career sex-crime prosecutors who took over for Hurlbert. John Wolfe, a Seattle lawyer who has represented a dozen pro athletes in sexual assault cases, says it leaves Bryant and his lawyers with a "Hobson's choice: If he doesn't testify, he loses the ability to tell the jury that it was consensual sex. If he does testify, he opens the door for another accuser to allege nonconsensual sexual activity."

If the Florida woman does testify, it will be up to the jurors to decide if they see meaningful similarities between Bryant's alleged behavior in Florida and Colorado. According to documents viewed by SI, the accuser in Colorado told police that the first nonconsensual act by Bryant was the groping of her private parts. When she resisted and tried to flee, according to her statement, Bryant allegedly restrained her and blocked the door to his room.

Speaking about Bryant's case last week on Z100 radio in Portland, O'Neal said his former teammate would need a jury of rappers -- "Ludacris, Dr. Dre and Snoop Dogg" -- to get off. Few observers see the case as that one-sided, but Bakke and Easter may have succeeded in putting new obstacles in Bryant's path to freedom.

Issue date: August 9, 2004

The thing with Kobe is that he is a liar, an admitted liar. Why we should believe that he has done nothing wrong is beyond me. He was stupid to be with the lady in Colorado, and now it seems his bad behavior has been around for a while. I wonder what his wife thinks of all of this, since the Colorado girl was the 'first', and now we have an earlier case. She's stupid to stay with him, why does she need this?

Well maybe she'll get an $8 million necklace to match the bracelet Kobe gave her after the Colorado incident became public. She'd be smart to divorce his ass now and get as much $$$ as she can while he still has it. He's going to be spending alot on lawyers fees and if he is convicted, well let's just say that job in the prison laundry doesn't pay quite as much as his Lakers contract. Maybe he could coach the prison basketball team?

I have no doubt that there are many other women out there that Kobe has banged on the side. Not saying he raped them, but traveling adulterers tend to have a dock at every port.

"Now, however, an aggressive move by prosecutors may shift the momentum, and even drag Shaquille O'Neal into court as a witness."

Maybe Shaq didn't leave LA because he was "disrespected". Maybe he left because he wpuld have to continue a working relationship with a guy whose behavior could force Shaq to the witness stand in a criminal trial.

Shaq's instincts were good: "Get AWAY from this guy!--another conference!--another coast!--JUST GET AWAY FROM THIS POISON!"

Very interesting. I wonder if Shaq secretly is relishing the opportunity to testify?

The "associate of Bryant's" who called the waitress the day following the alleged incident is rumored to be Rick Fox, whom a local sportstalk guy said "always was used to clean up teammates' messes."

Supposedly, this woman can be called to testify not only as a rebuttal witness, in case Kobe Bryant takes the stand and says he never engaged in non-consensual sexual contact with a woman but also as part of a more aggressive prosection, which would have to be argued in a separate pre-trial hearing in front of Judge Ruckriegle. I wonder if this is the only other woman the prosecution is looking at calling to offer a pattern of behavior.

I wonder about O'Neal being called--the party was at his home but unless he specifically witnessed Bryant's behavior, there is nothing he could add.

~Adam

Perhaps his main purpose would be to confirm the woman was an invited guest (or at least present, invited or not)?

Kobe's Accuser May Drop Criminal Case

Apparently Katelyn's lies (and skanky panties) are catching up with her and taking their toll. She is reportedly considering quitting the criminal case and pursuing a civil lawsuit. We knew this was all about getting paid....

Bryant Accuser Considers Lawsuit, Lawyer Says:
Release of Documents May Spur Decision on Future of Case


DENVER, Colorado (AP) -- The woman who accused Kobe Bryant of rape will have to discuss with prosecutors whether she will go ahead with the criminal case because she fears the release of court documents about her sex life threatens her chance of getting a fair hearing, one of her lawyers said Wednesday.

John Clune said his 20-year-old client will have to talk to prosecutors soon about that and will also consider whether to file a civil suit against the NBA star.

Asked if his client is considering dropping out of the criminal case, Clune told The Associated Press: "That's something she and prosecutors will have to discuss in the immediate future. The DA's office will have to make that decision on what they want to do."

The woman's other lawyer, L. Lin Wood, said decisions on how to proceed should be made in a matter of days. Bryant is scheduled to go on trial August 27 in Eagle, Colorado.

"This young woman is not going away. Whether it proceeds criminally or civilly or both, justice is going to be had for this young woman," Clune said.

Prosecutors have been in constant contact with the accuser and her lawyers throughout the case and were told the woman would still participate even after the release of the transcripts, district attorney's spokeswoman Krista Flannigan said Wednesday.

"Nothing has changed with our plans of going forward with the prosecution of this case," she said.

Under pressure from the U.S. Supreme Court, District Judge Terry Ruckriegle on Monday released some 200 pages of transcripts from a closed-door hearing in June. The transcripts had been mistakenly e-mailed to The Associated Press and six other media organizations, who fought for the right to publish their contents. (Full story)

The documents include testimony from a DNA expert for the defense, Elizabeth Johnson, who says she is convinced the woman had sex with someone after Bryant and before she contacted authorities -- a claim that Clune has vehemently denied.

Johnson based her conclusion on the discovery of another man's sperm on the woman when she underwent a rape exam at a hospital.

There was no testimony in the documents from a prosecution expert on the issue. Clune and prosecutors say the transcripts are one-sided and that a gag order in the case prevents them from presenting their explanation of the damaging evidence before the trial.

Prosecutors have suggested the woman put on underwear that hadn't been washed before going to the hospital, transferring semen from a man identified only as "Mr. X" to her body.

The judge has said the defense can present evidence about the woman's sexual activities in the three days before the July 1, 2003, hospital exam, saying it is relevant to help determine the cause of her injuries, the source of DNA evidence and her credibility.

Clune has kept a low profile during the case but on Wednesday he and Wood appeared on ABC's "Good Morning America" to express their frustration with court mistakes which breached the woman's privacy. (Judge apologizes)

"The amount of damage that has been caused by the court's error is so harmful not only to this case but to this young woman that it would be irresponsible for us not to speak at this time," Clune told the AP.

In September, the woman's name was included in a filing on a state courts Web site that was quickly removed. Last fall, the hospital where she and Bryant were examined accidentally turned over her medical records to attorneys in the case.

That was followed by the e-mail mistake in June and a gaffe last week in which a sealed order by Ruckriegle was mistakenly posted on the Web site, divulging her name again and information about DNA evidence collected during Bryant's hospital exam.

Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with the woman at a Vail-area resort last summer. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

A) A link should be posted, not a lengthy article. Please review
How tasteless to attack her and mention her name (even if it's first name only).
C) Good for her. I hope she gets paid a huge sum from that male slut, that poster boy for serial adultery followed by paying off the wife to not file for divorce.

Well said, JIP....I couldn't agree with you more!....I've always been a believer that "what comes around, goes around" and based upon that "karma" Kobe should have some SERIOUS payback ahead of him (and perhaps not just financially either).

~Joe

There are reports in the LA press that negotiations between the accuser's attorneys and Kobe Bryant's legal team have been taking place for the past week to bring an end to the criminal suit and preclude a civil suit from ever taking place. As negotiations stand now, the reports state, Kobe Bryant could plead guilty to a non-sexual assault charge, pay an agreeed-upon sum of money, and make a public apology to the woman. According to one source, Bryant had planned on taking the stand in the criminal trial to deny ever having sexually assaulted a woman and that the "SI" report of the second woman (the waitress at Shaq's Thanksgiving,) a rebuttal witness, if you will, gave the defense team second thoughts and helped intensify the negotiations.

I have to wonder, as I posted earlier in this thread, if the waitress is just one of a number of possible rebuttal witnesses and was just the only one whose story has become public. After all, prosecutors knew of her since the day following Bryant's press conference a year ago; perhaps they presented additional evidence to Pam Mackey, Bryant's lead defense attorney.

~Adam

Yawn.... The lady doth protest too much....

Lady? Is this another example of your misogyny? What do you have against women? If it weren't for women none of us would be here. Or are you just too willing to overlook the crude, disgraceful behavior of certain professional athletes for some reason?

The lady that I was referring to was actually you, not Katelyn. Your sanctimonious shedding of tears and artificial outrage are really difficult to stomach, even for a seasoned veteran of many an argument. This is another example of your proven hypocrisy, not my alleged "misogyny". I find it quite interesting that you were not concerned about rules for posts when I posted a full article that was negative for Kobe. Apparently, such things becomes issues only when they are posts that you don’t like. This is not just an example of your hypocrisy, its an perfect metaphor for selective (i.e., biased) law enforcement.

Your artificial outrage about naming the accuser is another example of your hypocrisy. Why should the accused party be named and not the accuser, especially in a case like this where the accusations were always highly dubious? If you do not wish to name one party, then simple fairness dictates that you do not name the other. If you want to be taken seriously when you talk, then you will simply have to learn to practice what you preach....

Yawnnnnnnnnnnnn.......

Face the facts: you're prejudiced against this woman (if not all women). Maybe you're dreaming that Kobe is on the "down low" too. Whatever. I'm done with you.

[ August 05, 2004, 07:17 AM: Message edited by: Joe in Philly ]

i've not been following the story all that closely, as it seems to me that both accused and accuser are a bit scummy.

will someone please review for me what exactly has come out about the woman's sexual history the week of the incident? is it true she had sex just a few hours after the alleged rape? i have no bias either way, but if this is true, i would be almost compelled to find kobe not guilty.

I think it's unclear whether she had sex in the hours after her encounter with Kobe. All that is really known is that another man's semen was found on her at the hospital. I think the defense team is also saying that she had sex 2 or 3 times a day or two before her encounter with Kobe, which would mean that any marks on her body could have come from those men.

I heard a lot about the defense trying to get the accuser's text messages from her cell phone that were supposedly made after her encounter with Kobe. I think there would be a lot in that, i.e. telling a friend she just had sex with Kobe, or telling a friend that she thinks she was just raped.

I also read an article someplace (I'll try to find the link) that said the accuser has changed her story a couple times. At first she said she never said no, that she just put her hands on top of his, then later on she said she did say no.

Earlier I think there was speculation about whether it was anal sex. I haven't read much about any of the medical records that were released and most news reports are pretty vague about any marks or injuries the woman had. There was talk that she was willing to have sex with him, but not that kind of sex, but he took it any way. Something like that.

Either way, I agree with you faydman. I don't really trust the accuser any more than I trust Kobe.

Totally agree with you, Stinger. There are serious questions about the veracity of both parties in this mess. Clearly the judge feels there is more than just mudslinging involved, as he has given the go-ahead for the defense to introduce information about the alleged victim's sexual history in the days immediately preceding and following her interaction with Kobe. Given the uncertainty about both side's intent and truthfulness, I don't understand how either Kobe or the victim can be assumed to be completely blameless.

Yawnnnnnnnnnnnn.......

Face the facts: you're prejudiced against this woman (if not all women). Maybe you're dreaming that Kobe is on the "down low" too. Whatever. I'm done with you. [/qb]

Your done with me, Josephine? If only you were so fortunate.... Little do you realize, I have yet to start in on you, old girl! The only fact that needs to be faced in here is that your girlfriend Katelyn is a little jezebel who has been trapped in her own web of lies. No amount of artificial outrage or sanctimonious shedding of tears will change the fact that Mr. X’s cream was found in her coochie.... DRY YOUR TEARS, GET OVER IT, AND THEN GET OFF IT!!!

I'm not sure that it matters in terms of getting to the truth in this case. Even a promiscuous slut can be raped so the fact that she may have had other partners isn't going to make much difference unless the defense is going to get one of them up on the stand to tell the jury that he had rough sex with the alleged victim that might have resulted in her injuries. Theoretically, I suppose the semen might have been on her dirty drawers for months. I thought it was reported that there were blood stains on some of Kobe's clothes. That's far more persuasive. Of course, it's possible that the idea is simply to prejudice the jury and get him off that way. It's been done.

Blood stains were found on the sweatshirt and boxers Kobe Bryant provided during his interview with the police the night of the incident. One of the many pretrial hearings dealt with whether this will be allowed in court as the police hadn't yet read him his rights & he didn't have an attorney present during the interview.

~Adam