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Kobe Bryant hearing closed

January 30, 2004 11:00 IST
The judge presiding over the Kobe Bryant rape case said on Thursday he will hold a hearing behind closed doors to determine if statements the basketball star made to police a day after the incident should be admitted at trial.

Bryant's defense attorneys Hal Haddon and Pamela Mackey want the statements thrown out and have asked Eagle County District Court Judge Terry Ruckriegle to close the hearing, scheduled for early next week.

Kobe BryantThe defense has argued that publicity surrounding any reporting of the statements in the high-profile case could jeopardize the Los Angeles Laker's right to a fair trial.

The judge agreed. "The content of defendant's statements is not in the public domain and in camera (closed) presentation of that evidence would prevent any prejudicial publicity as to the statements," the judge wrote in his order. Bryant's statements have not been made public.

The judge also said some of Bryant's statements include information which is personal and highly sensitive.

Bryant is charged with raping the woman, a 19-year-old college student and hotel concierge, while staying at a posh Colorado mountain resort last June 30. He was in Colorado for out-patient

surgery on his knee.

The 25-year-old star athlete, who is married and the father of a young girl, has denied he raped the woman and has called the encounter consensual sex that he now regrets.

No trial date has been set.

The statements in question are ones the 25-year-old Bryant made to police -- about 26 hours after the incident and after his surgery -- when they confronted him at the parking lot of the resort and interviewed him for 75 minutes. Bryant, who was on crutches, was not advised of his Miranda rights that he did not have to speak to police, according to the defense.

Bryant was not told police had a search warrant for his hotel room. Police also taped the interview at the parking lot without telling Bryant and some portions of the tape are inaudible, the defense has said.

Bryant was then driven to a hospital to obtain samples like hair and bodily fluids that investigators need for sexual assault cases.

The judge will keep open a portion of the hearing that examines if police acted legally when obtaining statements from Bryant because that issue "is rightfully a matter of public and media concern," the judge wrote.

Judith Crosson
Source: REUTERS
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