LOS ANGELES – Key DNA evidence shows that [Kate Faber] the 20-year-old woman who accuses Kobe Bryant of rape had sex with another man in the hours after her encounter with the Los Angeles Lakers star, a defense expert has testified.
The expert also rejected a prosecution theory that the DNA — found on swabs from the woman’s inner thighs, vagina and cervix — ended up there only because the young woman put on a pair of previously worn panties.
The testimony by DNA expert Elizabeth Johnson came during a closed-door courtroom hearing in Colorado in June but was kept secret until Tuesday by Eagle County District Judge Terry Ruckriegle, who is hearing the case. Ruckriegle reluctantly released the transcripts after an appeal by news agencies to the U.S. Supreme Court.
Bryant, is accused of raping the young woman, a hotel concierge and college student, in his Colorado hotel room on the night of June 30, 2003. The basketball star has pleaded innocent and maintains that the two had consensual sex.
Johnson said she analyzed swabs taken from the young woman’s inner thighs and area of her vagina, finding sperm and a protein found in semen. DNA tests showed the samples belonged to a man identified in court papers only as “Mr. X.”
Johnson said she analyzed the purple G-string panties the woman, then 19, was wearing on the night of her encounter with Bryant, finding DNA that came from both Mr. X and Bryant.
She dismissed a prosecution theory that the DNA from Mr. X could have been transferred from a pair of yellow panties that the woman put on for a rape exam. That pair of underwear, prosecutors say, may have been worn previously and not washed.
“My opinion is that that transfer theory cannot support all of these findings in totality,” Johnson said. Later she added: “Its just far-fetched and unlikely that transfer from the yellow panties could account for all of these findings.”
The transcripts also show that prosecutors were concerned about the damage to their case if Ruckriegle allowed into the case evidence about the woman’s sexual history, which is typically barred under Colorado’s so-called Rape Shield law.
“Judge …if in fact you were to rule that all of the Rape Shield evidence were going to come in, in this case I’m thinking the prosecution is going to sit down and reevaluate the quality of its case and its chances of a successful prosecution,” prosecutor Ingrid Bakke told Ruckriegle at one point.
