EAGLE, Colo. – Kobe Bryant’s lawyers want a jury to hear evidence suggesting the basketball star’s accuser lied about him raping her to get attention from an ex-boyfriend.
Bryant’s legal team claims the woman made a “false accusation” to catch her ex-beau’s eye, just as she did with two failed suicide attempts.
“This evidence makes it more probable that the accuser’s allegations are false and are merely a continuation of her pattern of engaging in extreme, dangerous, attention-seeking behavior without regard to its effects on those around her,” the lawyers said in a flurry of legal motions filed yesterday.
To back up their argument, the attorneys cited Eagle County Sheriff’s Detective Doug Winter’s case report. In it, the detective described a pattern to the accuser’s behavior, saying that when she “attempts or thinks about committing suicide, she would call” her ex-boyfriend.
The attorneys also are seeking permission from Eagle District Court Judge Terry Ruckriegle to tell a jury about anti-psychotic drugs the 19-year-old ex-cheerleader was prescribed after her suicide attempts. They claim the drugs are typically used to treat schizophrenia.
The suicide tries occurred in the months leading up to the alleged June 30 rape in the Los Angeles Lakers star’s room at the ritzy Cordillera Lodge and Spa near Vail, Colo.
“Her behavior and treatment with an anti-psychotic drug also make it more probable that she is not to be believed,” the defense documents read.
While defense attorneys Pam Mackey and Hal Haddon want evidence in, they also want evidence kicked out.
They are asking the judge to suppress a secret tape recording cops made of Bryant’s statements the night they confronted him about the rape allegations.
Mackey and Haddon also would like to have prosecutor Mark Hurlbert barred from using Colorado’s Rape Shield Law to keep the girl’s sexual, emotional and medical history from a jury’s ears.
They’ve requested a closed-door hearing with Ruckriegle to argue why he should declare the state rape shield statute “inapplicable” in the case. They claim allowing the shield is unconstitutional because it would deprive Bryant of the right to confront his accuser, to mount a defense and to receive a fair trial.
David Lugert, a former Eagle County deputy prosecutor, said that while the defense may not succeed, they could be setting up an argument for an appeal.
“It sets the stage to argue before the Colorado Supreme Court that any conviction should be overturned because relevant evidence was excluded,” Lugert said.
Bryant is due in Eagle District Court on Friday when his attorneys will argue other pending motions. They are expected to call witnesses that may include the accuser’s mother and friends.