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Judge issues partial gag order in Kobe Bryant case
(China Daily)
Updated: 2003-07-25 10:19

A judge presiding over the rape case against Los Angeles Lakers star Kobe Bryant issued a partial gag order on Thursday, saying he was trying to preserve a fair trial in the face of extensive news coverage.

Judge issues partial gag order in Kobe Bryant case
The gag order was issued to 'preserve a fair trial' [AP]
Eagle County Judge Fred Gannett issued the preliminary order without hearing formally from prosecutors, defense attorneys, lawyers for Bryant's accuser or the media, but said he was willing to reconsider it if asked.

"The court is concerned that the extensive participant and public comment will disrupt the processes by which a fair trial may be preserved," Gannett said in his three-page order.

The judge did not ban participants from speaking to the press but restricted them to areas that he said were unlikely to prejudice future court proceedings. He included a list of those matters that included mostly the limited information already in the public record, as well as requests by lawyers for assistance in obtaining evidence.

Gannett also permitted lawyers to respond to publicity that could prejudice his client but suggested they stay away from certain other subjects, including "the character, credibility, reputation or criminal record" of parties or witnesses.

Other areas that the judge said could be prejudicial included any statement made by the defendant; test results or "identity and nature of physical evidence"; opinions on the defendant's guilt or innocence and information that was not likely to be admitted as evidence at a trial.

Eagle County prosecutors last week charged Bryant with class 3 sexual assault, the equivalent of rape under Colorado law, based on the accusations of a 19-year-old hotel concierge who met him at the four-star resort where she works.

Bryant, a 24-year-old married father, denied attacking the woman but said he engaged in "adultery" with her.

News organizations have withheld the woman's name, though she has been identified on the Internet and by a nationally syndicated talk-show host.

Authorities have consistently refused to discuss the facts of the case and convinced a judge to seal the court file, which details the woman's allegations, Bryant's version of events, statements by police and evidence seized in the case.

Much of that information is typically made public.

Prosecutors and defense attorneys have both argued that the documents should remain sealed. Several news organizations have asked the court to make the papers public.

Bryant, a five-time all-star, is due in court on Aug. 6 to hear the charges against him and defense attorneys have said that a trial would not take place for four to six months.



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