Wednesday, August 11, 2004

MSNBC - Bryant prosecutors seek indefinite delay of trial

MSNBC - Bryant prosecutors seek indefinite delay of trial

I never thought that Kobe would be convicted, I just couldn't imagine that a star would get convicted on the weak facts this case presented, and I always wondered why the case was filed in the first place. My theory was that the DA was forced to file due to the Police's arresting Kobe. By filing the case and having it proceed at least past preliminary hearing (and a finding that there is probable cause), the county would be pretty much immune from a wrongful arrest charge which would be much more valid if they never filed a case. At the very least, I think that the DA had to file just to back up the Police and not leave him hanging after he arrested Kobe.

I always wondered how they would back out of the case, and this appears to be the way. It looks like they are going to announce that the victim doesn't want to proceed due to the publicity and anguish she's going through. Does she really think that what she's going through right now can even compare to what it will be like to be on trial? Does she really think that she will be able to keep her identity secret against one of the most well known stars in the world? And, if she's so interested in that anonymity and doesn't want to have this terrible publicity, coupled with the rulings that rape shield will not apply to her sexual conduct within 72 hours of her contact with Kobe, does she really think that filing a civil lawsuit will make it all go away?

Clearly, this civil lawsuit has given the defense more than it could ever ask for in their case, and I just can't imagine that the case will ever proceed at this point.

Of course, this blows my "dream" scenario. My scenario involves something akin to human sacrifice. I started practicing criminal law (and law in general) around the time of OJ Simpson trial, and for years, probably to this day and beyond, defending people accused of crimes has been made much more difficult as a result of that case. The perception of most people in society is that a guilty man went free on a misreading of reasonable doubt, bad rulings by the judge, poor prosecution, etc.... This is a perception I've been having to deal with for years, with jurors, the public, and equally important, with lawmakers and the electorate. The number of idiotic "tough on crime" laws that have passed due to OJ has skyrocketed. In California, they tried to get rid of the hearsay rule for domestic violence cases (this appears to have been overturned by the new Supreme Court case Crawford v. Washington), plea bargaining discretion, and other things. Judges are more afraid of crossing DAs than ever. In other words, the prospect of a man everyone knows is guilty sitting on the golf courses of America has screwed up my profession, and hurt other people who are not as guilty as OJ was.

Thus, I figured Kobe could be the anti-OJ. I thought that if the judge kept out all of the victim's clear mental problems (like her suicide attempts and other cries for attention) and her sexual activities around the time of the rape (how many guys did she have sex with in those days? Did she actually have sex with someone AFTER she was raped? Hardly the actions one would associate with a rape victim), and if Kobe was convicted as a result, then we would have a clear case where much of society figured there may be an innocent man sitting in prison for a rape he didn't do. If Kobe got life, and actually began serving it, imagine what I could argue in future cases. "Ladies and gentlemen of the jury, you don't think that an innocent man can be convicted of a crime he didn't commit? Just consider Kobe Bryant, who IS STILL IN PRISON FOR THAT RAPE WE ALL KNOW HE DIDN'T DO."

Well, it appears that, luckily for Kobe, this will not be happening.

1 comment:

Mysticman said...

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