Prosecution seeks new DNA tests in Kobe case
Evidence may show woman lied to police about other men; judge chides prosecutors for late request

EAGLE, Colo. - The prosecution in the Kobe Bryant sexual assault case asked Thursday for DNA samples from the accuser to be retested because they conflict with the woman's testimony, the Los Angeles Times reported.

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The latest news comes to light as Bryant arrived in court for another long day. The Lakers star arrived at 10:23 a.m. ET for a hearing, and he plans to fly back to Los Angeles later in the day for Game 4 of the Western Conference finals against the Minnesota Timberwolves.

The court recessed for a lunch break at 2:30 p.m. ET.

Bryant's hearing is expected to conclude in time for him to return to Los Angeles in time for the 9 p.m. ET tipoff, ESPN reported.

Judge Terry Ruckriegle said in open court that the prosecution's request for retesting makes it "impossible" for him to set a trial date for now, MSNBC-TV reported Thursday. He scolded the prosecution for missing several deadlines.

Bryant, 25, has pleaded not guilty to a charge, saying he had consensual sex last summer with a 19-year-old employee of the Colorado resort where he stayed. If convicted, he faces four years to life in prison or 20 years to life on probation, and he could be fined up to $750,000.

The prosecution's own lab found scientific evidence that could prove the alleged victim lied to detectives about having sex with another man shortly after her encounter with Bryant, MSNBC-TV reported, citing sources close to the case.

Tests show that traces of two other men's sperm was found in her body, the L.A. Times reported, whereas it had previously been reported that the sperm was found only in her underwear.

Defense attorneys have said those tests suggest the woman had sex after her encounter with Bryant on June 30, and they are seeking DNA material from other unidentified men. The woman has said she did not have sex with anyone besides Bryant between June 28 and the July 1 exam.

Bryant's defense will undoubtedly try to argue that such an occurence also is inconsistent with how a rape victim would normally act.

Also, the judge ruled Thursday that he will review text-messaging records that the accuser sent to a former boyfriend's cell phone July 1, NBC reported.

It usually takes Bryant three hours to travel from Eagle, Colo., to Los Angeles, and Thursday's game is scheduled to begin at 9 p.m. ET. The last time Bryant attended a hearing and then played in a game, he scored 42 points in a win over the San Antonio Spurs.

Prosecutors are fighting the defense's move to seek testimony from a veteran detective who took the stand in 1995 to criticize the crime-scene investigation in the O.J. Simpson murder case.

Ruckriegle has scheduled oral arguments for Thursday on that topic and others in the NBA star’s rape case.

Attorneys for the Los Angeles Lakers guard want to call John Ragle to the stand to talk about perceived mistakes and oversights in what they have called a “woeful” investigation in Bryant’s hotel room.

Prosecutors have said the testimony of Ragle and proposed defense witness Beth Seeman, an Aspen-area crime investigator, is irrelevant and could mislead jurors.

Defense attorneys who have followed the case said testimony about the adequacy of a crime-scene investigation is commonly included in sexual assault cases in Colorado.

Former Denver prosecutor Norm Early said the testimony would be irrelevant.

“It’s not a question of whether samples were collected or not, it’s a question of whether the other person would have done it differently, and in my estimation that is not a permissible subject of expert testimony,” Early said.

Bryant attorney Hal Haddon has said in court filings that Ragle’s testimony could raise doubts about the investigation by the Eagle County Sheriff’s Office, perhaps enough to clear Bryant, he said.

In a closed session, the two sides are expected to discuss a defense request for information on any money given to the accuser or her family from the state Victims Compensation Fund.

The fund, financed with fees paid by people convicted of crimes, is used to cover crime victims’ medical and mental health treatment, funeral or burial costs and other related needs.

The law limits compensation to $20,000 for any single victim or victim’s dependents. But Haddon in court filings has said the woman received substance-abuse treatment in an Arizona center that costs $35,000 per month, suggesting that and other compensation could be an incentive for her to continue the court battle.

Hurlbert has said in court filings that he isn’t aware of any treatment the woman received. He said records of compensation are confidential, though they can be reviewed by a judge to determine their relevance to a case.

Also expected in open court are arguments on a defense motion to exclude certain prosecution witnesses who have not been publicly identified; and arguments on a defense request to obtain genetic profiles from unidentified sources.

As for playing in Thursday night's game, Bryant said: “When I get here, if I get back in time, I’m going to be ready to play.”

Last week, Lakers coach Phil Jackson said Bryant told him to plan on him starting, but the coach said Wednesday he wasn't sure.

“We have no indication as to how long it’s going to be,” Jackson said of Bryant’s day in court. “We’re hopeful.”

Jackson said if Bryant doesn’t return in time, Kareem Rush will start. A two-year veteran, Rush is averaging 3.1 points and 14 minutes per game in the postseason.

“We have confidence in Kareem, that he can play basketball and fill a gap,” Jackson said.

That’s not close to what Bryant has accomplished, especially in the four games he’s played following a day in court.

The last one, on May 11, was not only the best of the four, it ranks as one of the finest games of Bryant’s career. He scored 15 of his 42 points in the fourth quarter to lead the Lakers to a 98-90 victory over San Antonio and even their conference semifinal series 2-2.

The Lakers won the next two games to reach the conference finals.

The first time Bryant traveled from the courtroom to Staples Center was Dec. 19. He arrived during the first quarter of a game against Denver and made a 20-foot jumper as time expired to give the Lakers a 101-99 victory.

The second time was March 24, when he scored 36 points in a 115-92 win over Sacramento.

The third was April 28, when he had 31 points and 10 assists with one turnover in a 97-78 triumph over Houston in the fifth and final game of the Lakers’ first-round playoff series.

“He’s had success and we’ve had success,” Jackson said.

When asked why it’s worked out so well, Jackson replied: “Support. I think there’s a tremendous amount of empathy. It’s difficult at best. It’s not easy for a team. When players are professionals, they approach basketball in a different way. This team’s been really good about it.”

Karl Malone called the basketball court Bryant’s sanctuary.

Gary Payton said Bryant is not an ordinary guy.

“He’s got a huge heart,” Payton said. “He understands he’s coming to do his job. He’s just a different human being.

“We’ve been through this all year. He’s going to be fine. I think he plays better when he comes off these court dates. I like it when he comes off his court dates. I think he has more fun when he gets back.”

Payton said the team realizes there’s no guarantee Bryant will arrive before the opening tipoff.

“The plane might be delayed — anything can happen,” he said. “We’ve just got to move the ball, hit our shots. When Kobe comes back, it’s going to be fine for us.”

When asked to put himself in Bryant’s position, Payton replied: “You’ve got to understand you’re going to trial and you might go to jail. I hope he’s thinking positive, that he’s not (going to jail). I hope he’ll keep playing basketball for many a year.”

Malone said he believes Bryant has been happier than he’s ever seen him recently.

“The conversations we’ve had the last two weeks have been unbelievable,” said Malone, 40, 15 years older than Bryant. “I’ve seen him laugh more in the last two weeks than the whole season. I just like to make him laugh. It’s been great.

“Really and truly, with his situation, you don’t know what’s going to happen. We’ve become very good friends.”

When asked about Malone’s assessment, Bryant grimaced and replied: “I don’t know. I joke around with Karl a lot — he’s probably the one I joke around with the most. Karl’s and my relationship has been great. We’re practically neighbors. We joke around a lot, talk about the game a lot.”

Bryant wasn’t smiling much Wednesday, perhaps because of his pending court date.

But when asked if Malone was like an older brother to him, Bryant chuckled and replied: “Like a father.”