Colorado- Prosecutors in the Kobe Bryant case suffered yet another setback yesterday when a court shot down their last-ditch attempt to keep the accuser’s sex life out of the looming trial.
The ruling by the Colorado Supreme Court means Team Kobe is cleared to present evidence about mystery semen found in [Kate Faber], the 20-year-old college student’s underwear when the trial begins in two weeks.
They plan to argue the woman bedded down with someone shortly before she met Bryant and again just hours after her June 30, 2003, encounter with the married L.A. Lakers star.
The alleged sex play could be used to explain the woman’s injuries and bolster Bryant’s claim his relations with the woman were consensual.
“It’s a huge win for the defense,” said legal analyst Scott Robinson, a Denver lawyer. “This really signals to her family: It’s time to put up or shut up.”
The woman, who has filed a civil suit against Bryant, has threatened to pull out of the criminal prosecution, which would likely doom any chance of conviction.
Her fence-sitting has prompted speculation that the Eagle, Colo., district attorney is on the verge of dismissing the charges against Bryant, and some experts believe the new ruling could be the last straw.
“The prosecution and the accuser are looking for a graceful exit,” said Denver lawyer Jeralyn Merritt. “Everybody wants to go home with some dignity.”
Prosecutors, though, acted as if they were forging ahead at a preliminary hearing in district court. At one point in thebrief session, prosecutor Dana Easter suggested DNA evidence at the heart of the case may have been improperly handled, but did not provide any details.
