| October 09, 2003Testimony:
Flirting Led to Brutal Attack
Detective Details Alleged Rape in Kobe
Hearing
EAGLE, Colo. The 19-year-old woman who has
accused basketball star Kobe Bryant of sexual
assault told investigators he grabbed her neck and raped her from behind, a
sheriff's detective said Thursday in the preliminary hearing.
Eagle County Sheriff's Detective Doug Winters said the woman
described a consensual sexual encounter that suddenly spiraled out of her control on June
30.
Winters said the alleged victim, who worked at the front desk
of the posh resort where Bryant was staying, had been excited to meet
Bryant and personally escorted him to his room. After giving him a tour and some
flirting, she said she went back to his room and he closed and locked
the door, according to testimony.
The Los Angeles Lakers star asked the woman to show him a tattoo
on her back and she complied, but turned down a request to join him in the hot tub,
Winters said.
Her shift was ending and she "wanted to go
home," Winters said. "She stated she was starting to feel a bit
uncomfortable."
She stood up to leave and Bryant gave her a hug that led to some
consensual kissing, Winters said.
Then, with his hand on her neck the whole time, Bryant
turned the woman around, pulled up her skirt and raped her from behind against a
chair for about five minutes despite her repeated protests, the detective said on the
stand.
She told investigators she told Bryant "no" at least
twice, before bursting into tears as the attack went on.
Bryant asked the young woman several times to promise
not to tell anyone; she agreed out of fear that the NBA player would hurt her,
according to testimony.
"She didn't want him to commit more physical harm to
her," Winters said.
Bryant faces four years to life in prison if he stands
trial and is convicted of the single felony charge of sexual assault. He has said the sex
was consensual.
The details were the first to emerge from the hearing, which
went off as planned around 3:15 p.m. EDT Thursday amid tight security.
Winters also said a nurse who examined the woman later at a
hospital found injuries consistent with a sexual assault.
Winters was cross-examined about why the accuser told a
nurse but not the investigators that she was forced to perform oral sex after
the vaginal sex. Winters replied that he did not ask her the question that elicited
that response but the nurse did.
Photographs were also shown of the woman's injuries, which included bruises on her
face.
Bryant was somber during the proceedings, looking uncomfortable
during the descriptions of the sexual encounter and glaring several times at detectives
who were there to testify against him.
Legal experts had expected the defense to waive the hearing and
head straight to trial rather than allow prosecutors to lay out their case publicly for
the first time.
"The only reason the defense would choose to go ahead with
a preliminary hearing when it doesn't have to is it believes given the minimal
amount of evidence the prosecution is going to be putting on it may gain more by
cross-examining those witnesses," said Stan Goldman, a professor at the Loyola Law
School in Los Angeles.
He suggested the defense may call witnesses to testify, a list
that could include Bryant himself.
Judge Frederick Gannett has rejected defense
requests to have the accuser testify and to see her medical records. He also issued a
gag order in the high-profile case.
Sources close to both sides of the case told Fox News
that the forensic evidence will likely make or break this case if it goes to a jury.
"There is obviously a good deal of physical evidence that
could be interpreted in different ways," forensic scientist Dr. Larry Kobilinsky
told Fox News on Thursday.
No Bryant family members and no friends of the accuser were in
the courtroom.
Earlier, the basketball player arrived in court wearing a
dark suit as he stepped out of an SUV, flanked by one of his attorneys and Eagle County
sheriff's deputies.
Bryant said nothing to the throng of reporters and spectators
gathered outside as he walked into court. He had to take off a necklace and was checked
with a metal-detecting security wand before walking through a metal detector and into the
courtroom.
Bryant's agent, Bob Pelinka, was in Eagle with Bryant, Fox
News has learned.
"I'm here to show my support for Kobe, that's all," he
said.
Legal analysts had earlier speculated that defense attorneys Hal
Haddon and Pamela Mackey would waive the hearing because they have
no chance of winning it, and little chance of learning more than they already know.
Had they waived the hearing, Bryant's attorneys could have
also avoided the disclosure of details until trial.
Eagle County District Attorney Mark Hurlbert
said he would speak to reporters after the proceedings and take questions, no matter
what the outcome.
Security for the hearing was bolstered after dozens of threats
were made against the prosecutor, the judge and Bryant's accuser. Two metal detectors were
in place and armed guards were prepared to stand watch.
Gannett has acknowledged receiving letters containing death
threats, and two men have been charged with threatening Bryant's accuser.
Patrick Graber pleaded innocent in Los Angeles to
charges he approached Bryant's security team with an offer to kill the woman for $3
million. An Iowa college student has pleaded innocent to leaving a death threat on her
answering machine.
The case against Bryant could lead to a celebrity trial the
likes of which have not been seen since O.J. Simpson was acquitted of murder charges eight
years ago.
Since Monday, about 300 television, print and radio reporters
and camera crews have been arriving, filling motel rooms and parking TV satellite trucks
in a vacant lot across from the courthouse that normally is a lumber dealer's back yard.
Bryant, free on $25,000 bond, left the Los Angeles Lakers'
Hawaii training camp on Wednesday to travel to Colorado.
Bryant has the right to go to trial within six months, but he
could agree to push that back until later, perhaps after the NBA season ends early next
summer.
Hearing to resume next
Wednesday |