Prosecutors will ask for Kobe dismissal

[slinslin]

http://www.msnbc.msn.com/id/5861379/

 

[elindholm]

If they dismiss now, they'll never re-indict him. It's over.

 

[slinslin]

Well it says with the option to refile charges later. I bet he is going to pay her a nice sum of money and it's over.

Well if I was "victim" I'd rather take a million or whatever as well rather than going to a trial that you might not win anyway.

 

[elindholm]

Well it says with the option to refile charges later.

That would be a legal option, not a practical one. Getting another indictment would be extremely difficult, in my opinion.

I bet he is going to pay her a nice sum of money and it's over.

He won't pay her one cent to end the criminal case. If the prosecution is asking for this dismissal, it means they know they can't win. There would be no reason for Bryant to pay a bribe.

He might reach a financial settlement to avoid a civil trial, but that's another matter.

 

[scoutmasterdave]

ESPN is reporting that the DA will ask for dismissial with prejudice, which means they can never re-indict him.

http://sports.espn.go.com/nba/news/story?id=1872740

 

[DevonCardsFan]

Damn lying gold diggers put Kobe and so many other people like him through all this crap just because of there greed. Makes me sick I also firmly believe Tupac and Tyson were falsly convicted as well, over there skin color. Lucky Kobe has a good guy image or he would have been locked up as well

 

[WizardOfAz]

I bet he is going to pay her a nice sum of money and it's over.

She filed a civil suit on August 10th seeking $75,000.

http://abcnews.go.com/sections/GMA/US/kobe_bryant_dismiss_040901-1.html

 

[Djaughe]

Well it says with the option to refile charges later. I bet he is going to pay her a nice sum of money and it's over.

Well if I was "victim" I'd rather take a million or whatever as well rather than going to a trial that you might not win anyway.

The victim is asking for $70k min....

 

[slinslin]

Well I read that

Local news Channel 9 (Los Angeles), just had Harvey Levin of Celebrity Justice on who announced that a "secret" agreement has been reached and should be announced any day now.

He mentioned that this was discussed earlier and under those terms, Kobe would write an apology stating something to the effect that, he did not rape the girl and that he is sorry if she perceived it that way.

So yeah Kobe pays her so they won't fill charges. That's how I see it.

I would guess that Kobe Bryant and the woman came to an agreement on a settlement. In the last few days it probably became clear to Bryant that this case was going to trial, so he pulled out the checkbook and made an offer she could not refuse.

This is based upon the assumption that it is dismissed with prejudice (and thus cannot be brought back later).

 

[NickelBack]

She filed a civil suit on August 10th seeking $75,000.

How much more than that has he payed in legal fees so far?!?

 

[slinslin]

ABC reported that a motion to be filed later will say that that the request is based on an agreement between the prosecution and the alleged victim. Bryant's accuser has told prosecutors she is no longer willing to testify against him, ABC News said, citing unnamed sources.

The networks' reports differed on whether or not the motion would leave the door open for the refiling of the charges at some future date.

The reports cited unnamed sources.

District Judge Terry Ruckriegle would have to approve any such motion.


http://www.denverpost.com/Stories/0...2373625,00.html

 

[George O'Brien]

Assuming this entire story is not bogus, the timing of the civil suit made me think dropping the charges was likely. If the case really came to trial, the obvious financial factor would have clearly hurt the prosecution case.

 

[Cheesebeef]

so what was that again Scotsman about Kobe more than likely going to jail? Be prepared to be just as wrong about the Rockets falling out of the playoffs. Importnant lesson to be learned here - just because you want something to happen - doesn't make it so.

 

[Djaughe]

....Well if I was "victim" I'd rather take a million or whatever as well rather than going to a trial that you might not win anyway.

My appologies Slin...looks like Kobe is opening his purse....

Kobe is prepared to offer $5 Million or more to make Kate Faber go away
National Enquirer - 08/21/03
Kobe Bryant is trying to PAY OFF his alleged victim, THE ENQUIRER has learned exclusively. And if Kobe is successful it could mean he WON'T stand trial for rape.

The NBA superstar and his attorneys have made two middle-of-the-night trips from California to Colorado to meet with investigators and a lawyer for his accuser.

Kobe's prepared to pay $5 million or MORE to the woman who's accused him of rape. And while he can't pay her NOT to testify against him, the payoff could have the practical effect of SHORT-CIRCUITING the rape case against him.

While Kobe's team has conducted the top-secret negotiations with the alleged victim, they have also been trying to have the criminal charges REDUCED. The reduced charge could include third degree ASSAULT or FALSE IMPRISONMENT, a legal expert explained.

"The defense wants to shelter Kobe from the charge of rape and a possible conviction that would brand him a SEX OFFENDER FOR LIFE," said a source close to Kobe. Their strategy is to cooperate completely with authorities in a legal maneuver in which he pleads GUILTY to a charge OTHER than rape. This kind of deal happens every day in courts across the country. It's a plain and simple plea bargain."

Kobe's people have met twice with a representative for the 19-year-old college student who alleges he raped her on June 30 after she willingly visited his room at the Colorado hotel where she worked. Meanwhile, the criminal case hinges on the alleged victim's willingness to cooperate with prosecutors.

"If the woman agrees NOT to cooperate further, the district attorney in essence will have NO CASE against Kobe," said the source. "It would be almost IMPOSSIBLE for the DA to get a RAPE CONVICTION if the victim changes her mind or her story about the alleged assault. Without the woman, there is NO CASE."

The payoff being discussed with the woman's attorney would be a deal similar to the one worked out between Michael Jackson and the boy [Jordy Chandler] who accused him of a sex offense back in the 1990s. Michael's case NEVER made it to court.

"The latest offer made by Team Kobe to the woman accusing him of rape is $5 million," said the source. And they're prepared to up the ante even MORE."

Well-known Denver criminal defense attorney Craig Silverman told THE ENQUIRER: "There is NOTHING illegal about Team Kobe offering a civil settlement to the woman, but Kobe's lawyers cannot tell her to CHANGE her testimony or REFUSE to testify. That's a FELONY. It's called bribing a victim.

"All the lawyers involved have to be concerned abut walking a very fine line. These negotiations would be delicate and behind closed doors. No one will speak to the alleged victim EXCEPT her lawyers. They may explain to her how to inform the DA of her desire that the case be settled without her having to testify at a trial.

"This litigation will be UNpleasant for ALL concerned and it is right and appropriate for this young woman's attorneys to look after her interests. The accusers's conversations with her lawyers are privileged and CANNOT be revealed by the attorney's without her permission."

Said the source: "These negotiations are ALL very HUSH-HUSH. Both meetings were scheduled for the early morning hours. Both times Kobe and his staff left California between midnight and 3 a.m. and made the 2-hour flight to Colorado by private jet. Upon arrival, they went to the local offices of his law team where the meetings wee held. They returned to Southern California once as early as 9 a.m.

"Kobe was present during both trips. He met with his lawyers who later met with investigators and a legal representative for the girl. Kobe and the girl have NOT met face-to-face since the alleged attack. It is UNclear how receptive the alleged victim's representatives are to the most recent $5 million settlement figure."

Ever since the rape scandal broke, Kobe has been living "an exemplary life," the source added.

"He and his wife Vanessa are showing the world just how united they are. They attend Mass each Sunday and spend practically all their time together with their baby. They've been spotted shopping on L.A.'s trendy Robertson Blvd at least twice recently. And Kobe has dished out $25,000 both trips, buying fashions for his beautiful bride.

"Kobe and Vanessa desperately want this whole ugly chapter to END. And the only thing standing in the way of their future happiness is the girl who claims he raped her. Now it's up to Team Kobe to work out an agreement in which he can satisfy the courts AND the alleged victim."

-- John South and Don Gentile ©NATIONAL ENQUIRER

 

[slinslin]

Could you provide the link as well please?

 

[F-Dog]

I just posted this on another board, and here we are talking about it on this board--go figure!

Here's my take on how things probably went down in Colorado:


--the initial hookup was consensual; she knew she was sleeping with a married man, and did it because she thought it would be fun and make a great story to tell her friends

--Kobe decided to switch from the agreed-upon act (#1) to a #3 or #4 without prior notice; he'd probably gotten bored with risking his marriage and his reputation with the usual semi-anonymous adulteries, and he was looking to spice things up a little

--the girl was not interested at all in going along, so there was a brief struggle and an unhappy ending

--she went home and showed Mom the damage; Mom sent her to the police

--the 'other man' was someone she'd had sex with before the Kobe incident; she probably didn't own a single pair of underwear that didn't have traces of somebody's spunk on it

--she bailed out on the criminal trial weeks (months?) ago, when her team figured out that the prosecutors and judge were incompetent, and she was subjecting herself to constant harassment and invasion of privacy without any chance of getting a conviction against Kobe

--Kobe is paying a lot of money (I would be surprised if it's less than seven figures, and not surprised at all if it was eight figures) to hush things up here--not because he's worried about getting convicted, but because her lawyers are threatening to air his dirty underwear in public, which would damage his reputation in a way that would be tough to recover from (pictures of the damage, graphic descriptions of the sex act, exposing his prior hookups, leaking his initial interview with police, where he probably sounds like a complete idiot)



As thing stand, Kobe and his reputation should be just fine in a couple of years. He'll probably have a lot of trouble asking for a #3 from now on, though.

She'll get enough cash to make her feel a little better about the experience, once the harassment dies down a little, anyway. The problem is that it may never completely die down.


That's how I see it, anyway.

This is the first time I saw the $5m number, but it makes pretty good sense to me. You have to think she wouldn't take any less than Kobe's wife did...

 

[Renz]

Why would Kobe give her $5 mil.?

Civil Suit Limits

The woman accusing Kobe Bryant of rape could have a difficult time winning more than $733,000 if she prevails in the civil lawsuit against the NBA star.

Though the case is in federal court, it would be tried under state law, which sets strict caps on civil damages, said Bill Keating, a 33-year attorney in Colorado.

Here is a look at the types of damages that can be awarded, and the caps that apply to each:

Noneconomic damages, including physical and emotional pain and suffering, loss of quality of life and emotional stress, cannot exceed $366,500 -- unless a jury decides to grant a higher award and the judge believes the evidence justifies the increase. In such cases, the increase can be no more than double the cap, or $733,000.

Economic-loss damages, including loss of earning capacity or wages and cost of future medical care, are not limited.

Physical impairment or disfigurement damages are not limited, but typically have to be permanent or severe to result in high amounts.

Punitive damages cannot exceed the total of compensatory damages, or the total award for non-economic losses, economic losses and physical impairment or disfigurement. Punitive damages can be awarded only if the plaintiff's lawyers prove beyond a reasonable doubt -- a higher standard than necessary to win compensatory damages -- that the defendant's conduct was willful, wanton and malicious. Punitive damages can be tripled if the judge finds that the harmful conduct continued during litigation.

-- Associated Press

 

[KingLouieLouie]

Why would Kobe give her $5 mil.? Under Colorado law, the most she can get in a civil suit is something like $1.7 mil.

The following could be your answer....

]Kobe is prepared to offer $5 Million or more to make Kate Faber go away National Enquirer - 08/21/03

Enough said.....

 

[elindholm]

Slinslin probably doesn't know what the Enquirer is, but I can't imagine what excuse the rest of you have.

The Enquirer is famous for making up stories and presenting them as fact. They are often sued for slander by celebrities tired of the bad publicity. Almost nothing they publish is ever correct, except once in a while by accident.

 

[slinslin]

Both sides insisted the victim hadn't received a dime from Bryant, even though her civil lawsuit against him will go ahead.

But legal insiders told The Post they believe a top-secret deal was struck that could bring the accuser millions of dollars.

"Why someone as well-counseled as Bryant would make such a bizarre statement, pseudo-apology, at such an inopportune time, I can only presume this is to facilitate imminent settlement discussions," said Colorado defense attorney Scott Robinson.

http://www.nypost.com/news/nationalnews/19127.htm

 

[Djaughe]

Kobe Bryant: 'A Long Sigh of Relief'


Newsweek

Aug. 16 issue - Kobe Bryant's attorneys are telling him to be "cautiously optimistic" after lawyers for his 20-year-old accuser raised the possibility that she may not participate in the criminal case and instead pursue a civil one. "There's a long sigh of relief," says a close associate of the basketball star.

http://ad.doubleclick.net/jump/news...0x250;tile=2;ord=[INSERT RANDOM NUMBER HERE]?The woman's attorneys have blasted the criminal court's handling of the case, saying inadvertent pretrial disclosures about her sex life have traumatized her and damaged the case. But while her chances are better in civil court, where the burden of proof is lower, she isn't likely to see the big payday her critics claim she's after: Colorado has strict caps on monetary awards for pain and suffering, and several attorneys tell NEWSWEEK that, at best, she'd receive $1.5 million—a fraction of the $5 million she was rumored to have been offered last summer (a rumor denied by Bryant's camp).

But plenty of observers think the Laker, who has already spent $12 million in legal fees, would just as soon settle before proceeding to a civil case in which the woman's attorneys would depose him under oath, allowing for potentially embarrassing testimony. "Even if they did nothing wrong," says criminal defense lawyer Larry Pozner, "most successful people would rather write a check so they can get back to normal."

—Allison Samuels and Paul Tolme

 

[Djaughe]

Seems like a deal is in the works....Kobe issued this press release:

Text of Kobe Bryant's statement released after a judge dismissed a sexual assault charge against him:


"First, I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colo.



I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case. Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter. I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado."

 

[Russ Smith]

http://www.nypost.com/news/nationalnews/19127.htm

And also as has been pointed out, in the statement Kobe said no money has changed hands, but that just means now, and that's all it means. It's illegal for him to pay her to drop the charges. It's not illegal for him to pay her money AFTER she drops the charges as part of such a "secret deal", as long as it's impossible to prove the money was contingent on her dropping the charges.

It's almost a certainty he's going to pay her a lot of money, he'd have never issued the apology if he wasn't.

 

[LakeShowMan]

Slinslin probably doesn't know what the Enquirer is, but I can't imagine what excuse the rest of you have.

The Enquirer is famous for making up stories and presenting them as fact. They are often sued for slander by celebrities tired of the bad publicity. Almost nothing they publish is ever correct, except once in a while by accident.

I was just thinking the same thing. Where has our society gone, when we make the Enquirer a 'legitimate new source'?

If that is the case, I need to go down to Arkansas to see the half-man, half-alien baby that was just born, and then I am going to Tennesee to meet up with Elvis, who is of course alive and pumping gas at a Quik-E-Mart.

Sheesh!

 

[Djaughe]

Enough said.....

Slinslin probably doesn't know what the Enquirer is, but I can't imagine what excuse the rest of you have.

The Enquirer is famous for making up stories and presenting them as fact. They are often sued for slander by celebrities tired of the bad publicity. Almost nothing they publish is ever correct, except once in a while by accident.

I was just thinking the same thing. Where has our society gone, when we make the Enquirer a 'legitimate new source'?

If that is the case, I need to go down to Arkansas to see the half-man, half-alien baby that was just born, and then I am going to Tennesee to meet up with Elvis, who is of course alive and pumping gas at a Quik-E-Mart.

Sheesh!

lol...like some of the stuff posted in this forum is more accurate?

The National Enquirer is a small newspaper that obviously puts in crazy stories for laughs and gigles - but it is actually considered to be a a legitimate news publication that is published throughout the world.

The Enquirer is published for anyone to read and it does not discriminate in any way against its audience. Anyone who wants to go out and read this paper can do it. They publish certain articles that they know that normal newspapers would not publish.

According to comments made on several televised panel discussions presented by the Columbia School of Journalism, the National Enquirer has recently cultivated a reputation for accurate investigative journalism, albeit in areas that are considered soft stories (e.g., the O.J. Simpson murder case) This favorable view, however, may be confined to members of the press rather than to the public at large.

Sure the National Enquirer is crazy enough that a sane person will walk by at the grocery store and read the headlines about elvis pumping gas and give a laugh.

However celeb. stories is why they get their audience. Some examples of this range from showing pictures of the Columbine High School shootings, Naomi Campbell leaving a drug addiction clinic, the O.J. trial, the clinton/monica affair... the Kobe Bryant case (i.e. showing the pics of Kate Faber).

Besides my grandma likes reading stuff about alien babies born in arkansas.