Wednesday, February 04, 2004

EAGLE, Colo.  — One detective admitted he didn't know a hospital exam of Kobe Bryant  violated court rules and that he signed a document saying the NBA  star was in custody. Another officer mistakenly blamed audio problems on a shirt button that didn't exist.

The gaffes made by the officers who interrogated the Los Angeles Lakers' All-Star were revealed in court as defense attorneys asked a judge to bar Bryant's statement and evidence from his upcoming rape trial.

Under sharp questioning by the defense, lead investigator Doug Winters acknowledged Tuesday that Bryant was subjected to a predawn hospital examination in violation of Colorado court rules.

And Winters admitted he had signed an investigation document indicating Bryant had been officially detained. The defense contends Bryant was effectively in custody during his interview with investigators and should have been read his rights.

Prosecutors fought back, saying sheriff's investigators did nothing without Bryant's consent.

The clash was one of the fiercest yet in the series of pretrial hearings that will help determine what evidence is admitted when Bryant is tried on a felony sexual assault charge.

The two-day hearing, which included anonymous testimony from undercover investigators, ended without a ruling. Arguments will resume March 1.

Defense lawyer Hal Haddon hinted that hearing could be just as contentious. "I think we're going to have a squabble over the transcript," Haddon told state District Judge Terry Ruckriegle.

Bryant, 25, says he had consensual sex with the woman. He faces four years to life in prison or 20 years to life on probation if he is convicted.

In questioning Winters, Haddon said the law calls for hair, fibers and other "non-testimonial evidence" to be obtained during daylight hours. Bryant's hospital exam was performed before dawn July 2, little more than 24 hours after he allegedly assaulted a 19-year-old resort employee in his room.

Winters said he didn't know about the daylight rule. He also admitted a judge had to remind him he needed two separate court orders to gather evidence: one for hair and similar evidence, and another for Bryant's clothing, including a bloodstained T-shirt.

One outside lawyer commenting on the case, Lisa Wayne, said these kinds of mistakes hurt the investigators' credibility because people wonder how else they might have erred.

"The impression that we're left with is this is another case of lying cops hurting the prosecution," Wayne said.

Winters' testimony covered what happened before and after Bryant's 75-minute interview with investigators in his room at the Lodge & Spa at Cordillera. The judge said the interview itself will be discussed behind closed doors because the material could harm Bryant's right to a fair trial and might not even be admitted as evidence.

Under questioning by prosecutor Dana Easter, Winters said Bryant was cooperative and always understood he was not in custody.

It was Bryant who approached the detectives in a resort parking lot, Winters said. He said Bryant casually walked with them to his room, talked with them for more than an hour, offered them clothing that was not mentioned in a search warrant and agreed to go to the hospital for a sexual assault examination.

After the exam, Winters said, Bryant turned to the detectives and said, "Do the best investigation that you can." They shook hands, and he left with his bodyguards.

Legal experts said the judge will probably not throw out Bryant's statement and the physical evidence because there is no clear or intentional violation of a constitutional right or rule.

"The foundation is being built brick by brick to support the contention that Kobe Bryant voluntarily spoke to officers and voluntarily gave them items for DNA testing," former prosecutor Norm Early said.