'Holes in rape case'
2003-10-16 09:52
Colorado - NBA icon Kobe Bryant's rape accuser had another man's semen and hair in her underwear a day after the alleged attack, a court heard on Wednesday, providing what his lawyers called compelling evidence of his innocence.
The latest bombshell in the roller coaster case against Bryant came at a key hearing to decide if there was enough evidence for him to stand trial.
Sheriff's department detective Doug Winters told the court that the 19-year-old alleged victim had admitted having sex with at least one other man two to three days before the alleged attack on June 30.
When the woman underwent a medical examination on July 1, they found traces of blood and semen of a man other than Bryant in her underwear as well as hairs from a Caucasian, while Bryant is black, he said.
'Extremely thin'
The evidence, which came as the preliminary hearing resumed after a week-long break, prompted Bryant's lawyer, Pamela Mackey, to say the case against him was based on "pure hearsay" and was not strong enough to warrant a trial.
"Our heartfelt belief is that the prosecution has failed in its burden to provide probable cause that a crime was committed in this case," she told Judge Frederick Gannett, dismissing the evidence as "extremely thin".
Multi-millionaire Bryant, who was arrested on July 4 and later freed on $25 000 bail, could face up to life in prison if convicted. He has strongly denied rape but admits to consensual sex with the woman.
Winters, who interviewed the accuser, told the court last week that the woman claimed Bryant grabbed her neck from behind and raped her in his hotel room and that she suffered lacerations to her genital area.
Detective's evidence
But Mackey, whose suggestion that Bryant's accuser may have had sex with three men in the days prior to the alleged sexual assault cut last week's hearing short, on Wednesday tore into the detective's evidence.
Under cross-examination, he revealed that Bryant's accuser had sex with someone else on June 27 or June 28 and that the injuries were so minor they did not require treatment.
The detective also conceded to Mackey that the woman had told him Bryant stopped trying to have sex with her when she moved his hand away from her neck during sex.
Mackey also attacked sheriffs for failing to carry out forensic tests for traces of blood in Bryant's room, pointed to the fact that Bryant suffered no injuries consistent with a struggle and said that neighbours had not reported any disturbance on the night of the alleged assault.
But prosecutor Gregg Crittendon insisted the case against the NBA superstar was "very strong" and that he had forced the women to bend over a chair before raping her and that she had a bruise on her jaw to prove it.
He said there was "uncontradicted evidence" of a sexual assault.
The judge said he would rule in writing on Monday on whether Bryant should stand trial on the charges.
- AFP