It's been more than a year since the accusation was made and I have to wonder why this case is still on the docket. According to recent reports, the accuser has considered dropping the charges because of her lack of confidence in her safety and well-being. In light of the death threats resulting from numerous accidental leaks that have spread her name across the globe, I can't blame her.
On the other hand, this case has seen some major bombshells dropped and none of them look good for the prosecution. Consider today's incredible ruling... The accuser's sexual conduct during the three days before her exam can be introduced at trial. That's huge. In a state with the most restrictive rape shield laws in the U.S., that's an incredible win for the defense. Of course, this ruling came after another dramatic turn. The accuser sent text messages to her ex-boyfriend within hours of the encounter. Perhaps 15 people know what the messages say, but the boyfriend's attorney (who inititally objected in defense of his client's privacy) has backpedaled and concedes that at least one message has material bearing on the case.
And let's not forget the finding that the semen and/or hair of two other men was present on the accuser AT HER INITIAL EXAM! At first, the news was that there was other DNA on the panties she was wearing, but further tests confirmed that this evidence was present in swabs taken from her person. Even gung-ho D.A. Hurlbert, who after making this case his marquee re-election plank has quietly withdrawn to devote his attention to the other hot-button issues that are burning up his little slice of Colorado. A new prosector has been assigned and she valiantly maintains that nothing will prevent the case from going to trial, but one has to wonder why.
Is there a single person watching this case who does not accept that reasonable doubt exists here? Physical evidence of forcible trauma is minimal and almost everyone agrees that the case hinges on testimony. So why are we still here? First, support for the accuser has dwindled. IBelieveHer.com stopped paying their hosting bill and the url now points to a generic placeholder. Women's advocacy groups, once wild with indignation have turned their attention elsewhere. Aided by the judge's critical ruling, her persona has shifted from raped young girl, to rape victim, to alleged victim to accuser. That's quite a shift.
The evidence of a criminal conspiracy to cover up rape allegations in a Colorado university football program gets less press than this wishy washy mess. And why? Because he's a celebrity? and a sports figure? and he's wealthy? and he's... Black? Despite the inevitable comparisons, this case is miles from O.J., but at its heart it still concerns a white girl "wronged" by a powerful black man.
We saw a similar drama play out with Marcus Dixon. The jury found the then 18-year-old, 3.96 GPA, honor roll, star athlete with scholarship offers out the wazoo not guilty of rape. And not just due to an evidenciary shortfall on the prosecution side. Several jurors have come forward to further assert that they felt certain the sex with a girl just 2+ years his junior was consensual. After serving more than a year of what could have been a mandatory ten year sentence for statutary rape and aggravated child molestation (technically unavoidable given the circumstances), the Georgia Supreme Court overturned the sentence. It was a just and fair ruling and Dixon is in the process of resuming his life.
So why Kobe? Because he's a celebrity, and a sports figure and wealthy and black. The judge has extended the window for a plea offering. Neither side is biting. Kobe's team is prepared for a proverbial slam dunk and Hurlbert's team faces a Catch 22. They can't punt after spending hundreds of thousands and possibly millions in investigation, preparation and posturing; they can't possibly win either, but it looks a bit better if they give it a try.
And in the midst of all of this, the worst part is how other victims are marginalized by this wolf's cry. God help the legions of real victims whose stories will seem less credulous after this national circus of half-truths and prosecutiral hubris.
On the other hand, this case has seen some major bombshells dropped and none of them look good for the prosecution. Consider today's incredible ruling... The accuser's sexual conduct during the three days before her exam can be introduced at trial. That's huge. In a state with the most restrictive rape shield laws in the U.S., that's an incredible win for the defense. Of course, this ruling came after another dramatic turn. The accuser sent text messages to her ex-boyfriend within hours of the encounter. Perhaps 15 people know what the messages say, but the boyfriend's attorney (who inititally objected in defense of his client's privacy) has backpedaled and concedes that at least one message has material bearing on the case.
And let's not forget the finding that the semen and/or hair of two other men was present on the accuser AT HER INITIAL EXAM! At first, the news was that there was other DNA on the panties she was wearing, but further tests confirmed that this evidence was present in swabs taken from her person. Even gung-ho D.A. Hurlbert, who after making this case his marquee re-election plank has quietly withdrawn to devote his attention to the other hot-button issues that are burning up his little slice of Colorado. A new prosector has been assigned and she valiantly maintains that nothing will prevent the case from going to trial, but one has to wonder why.
Is there a single person watching this case who does not accept that reasonable doubt exists here? Physical evidence of forcible trauma is minimal and almost everyone agrees that the case hinges on testimony. So why are we still here? First, support for the accuser has dwindled. IBelieveHer.com stopped paying their hosting bill and the url now points to a generic placeholder. Women's advocacy groups, once wild with indignation have turned their attention elsewhere. Aided by the judge's critical ruling, her persona has shifted from raped young girl, to rape victim, to alleged victim to accuser. That's quite a shift.
The evidence of a criminal conspiracy to cover up rape allegations in a Colorado university football program gets less press than this wishy washy mess. And why? Because he's a celebrity? and a sports figure? and he's wealthy? and he's... Black? Despite the inevitable comparisons, this case is miles from O.J., but at its heart it still concerns a white girl "wronged" by a powerful black man.
We saw a similar drama play out with Marcus Dixon. The jury found the then 18-year-old, 3.96 GPA, honor roll, star athlete with scholarship offers out the wazoo not guilty of rape. And not just due to an evidenciary shortfall on the prosecution side. Several jurors have come forward to further assert that they felt certain the sex with a girl just 2+ years his junior was consensual. After serving more than a year of what could have been a mandatory ten year sentence for statutary rape and aggravated child molestation (technically unavoidable given the circumstances), the Georgia Supreme Court overturned the sentence. It was a just and fair ruling and Dixon is in the process of resuming his life.
So why Kobe? Because he's a celebrity, and a sports figure and wealthy and black. The judge has extended the window for a plea offering. Neither side is biting. Kobe's team is prepared for a proverbial slam dunk and Hurlbert's team faces a Catch 22. They can't punt after spending hundreds of thousands and possibly millions in investigation, preparation and posturing; they can't possibly win either, but it looks a bit better if they give it a try.
And in the midst of all of this, the worst part is how other victims are marginalized by this wolf's cry. God help the legions of real victims whose stories will seem less credulous after this national circus of half-truths and prosecutiral hubris.
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