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Prosecutor to drop rape charge against Kobe Bryant
(Agencies)
Updated: 2004-09-02 08:45

Prosecutors in the Kobe Bryant rape case will ask a judge on Wednesday to drop the rape charge against the basketball player, a source close to the case said.

The dismissal would be "with prejudice," meaning prosecutors could not resurrect the case in the future, legal observers said.

Los Angeles Lakers NBA star Kobe Bryant walks out of the Eagle County Justice Center in Eagle, Colorado September 1, 2004 after finishing the day's jury selection for Bryant's trial. The judge in the Kobe Bryant rape case on Wednesday dismissed the criminal case against the basketball star. "This motion is to dismiss based on the sole fact that the victim is unable to continue," District Attorney Mark Hurlbert told the judge at the onset of a hearing. Neither the 20-year-old accuser nor Bryant was in the courtroom. [Reuters]

The case was based on a claim by a then 19-year-old woman that the Los Angeles Lakers star raped her last year in his hotel room in a Vail-area resort. He maintained the two had consensual sex and that his only wrongdoing was adultery.

The 26-year-old's defense team was seen rushing into the courthouse on Wednesday afternoon, followed a few minutes later by the young woman's attorneys, John Clune and Lin Wood.

All the attorneys were behind closed doors and it was not known if they were all meeting together.

Prosecutors were also seen entering the courthouse in Eagle, Colorado, where opening statements had been slated to begin next Tuesday.

This week, lawyers for both sides have been trying to select a jury.

Earlier on Wednesday, Bryant's lawyers asked the judge to dismiss the rape charge, arguing prosecutors did not disclose that one of their expert witnesses had information that could help Bryant.

The defense filing did not identify the expert witness, but it is believed to be Dr. Michael Baden, a well-known medical examiner. The prosecution has dropped Baden from its list of expert witnesses.

Bryant's attorneys said the expert's statements to prosecutors could have "undermined the accuser's allegations" and the cause and significance of injuries the then 19-year-old accuser said she sustained when Bryant allegedly raped her.

While the defense routinely asks for a dismissal at the last minute the defense's claims about the expert witness could have had an influence on the decision.

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