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Bryant judge to allow some testimony of alleged victim's sex history
EAGLE, Colorado (CNN) -- Testimony about the sexual history of a woman accusing basketball star Kobe Bryant of rape will be allowed in Bryant's preliminary hearing, a judge ruled Wednesday, and Bryant's lawyers said they have "compelling evidence" of his innocence. Eagle County Judge Frederick Gannett's ruling came in the second day of Bryant's preliminary hearing -- a proceeding that was halted after Bryant's lawyer, Pamela Mackey, caused an uproar last week by asking a detective if the woman's injuries were consistent with having sex with three men in three days. Wednesday's ruling by Gannett came followed earlier charges by the prosecution that Bryant's defense team was guilty of a "smear" campaign against the woman who has accused Bryant. Gannett met with lawyers from both sides for about an hour and a half Wednesday before resuming the preliminary hearing. Colorado's rape shield law allows few exceptions to the prohibition against unrelated details of the alleged victim's sexual or mental health history to be allowed in court. (More on the law) Prosecutors had accused Bryant's lawyer, Pamela Mackey, of trying to smear the woman who accused Bryant's in last week's proceedings and urged Gannett to close the remainder of the hearing. But the session got under way in open court about 10 a.m. (noon EDT). At last week's hearing, Mackey caused an uproar by asking a detective if the woman's injuries were consistent with having sex with three men in three days. Tuesday night, the Eagle County district attorney's office filed a motion accusing Mackey of making a "conscious misrepresentation of the evidence in order to smear the victim publicly." But in court papers filed Tuesday, Bryant's defense team said forensic evidence collected by prosecutors from the alleged victim's underwear includes unspecified material "from a source other than defendant." "The prosecution introduced evidence that the yellow panties worn by the victim to Valley View Hospital in Glenwood Springs taken during the sexual assault examination had blood," the defense motion states. "The clear implication of this testimony was that the alleged victim was bleeding due to the alleged sexual assault. The prosecution deliberately mischaracterized that evidence by consciously failing to put before the court all of the evidence concerning those panties." Bryant's lawyers said they have introduced evidence "from the prosecution's own laboratory" in a sealed motion that represents "compelling evidence of innocence." Bryant attorney could face sanctionsMackey also named the alleged victim six times in open court last week after being warned not to do so. (Last week's hearing) David Lugert, a former Colorado prosecutor turned defense attorney, said Mackey's conduct in court was a show of force on Bryant's behalf. "She was sending a message to the public that she's going to zealously represent her client and pull out all the stops in doing so," Lugert said. Linda Fairstein, a former sex crime prosecutor in the New York district attorney's office, said Mackey could face sanctions from the judge after last week's proceedings. "The old question used to be, a defense attorney would say, 'And sir, when did you stop beating your wife?' It would imply that it had ever occurred," she said. "If this is just a really tasteless, baseless attempt to make her look promiscuous, and there's no basis in fact for it, the judge may find that Miss Mackey is in contempt." Bryant, an all-star guard for the Los Angeles Lakers, is accused of sexually assaulting the woman on June 30. The alleged victim was a clerk at a mountain lodge in Edwards, Colorado, west of the Vail ski resort, where Bryant was a guest. Bryant faces one count of felony sexual assault, which carries a maximum sentence of life in prison. He returned to California after last week's session but is expected to be back in court Wednesday. Bryant is married with a young daughter. He has acknowledged having had sex with the woman, but insists it was consensual and that he did not assault her. Gannett has pledged the preliminary hearing will not stretch into a third day. Last week, Eagle County Sheriff's Department Detective Doug Winters testified that blood from the alleged victim was found on the defendant's T-shirt. Winters said the woman told him that she and Bryant flirted when they first met and engaged in mutual kissing later, but that he wouldn't stop when she tried to refuse to his attempts to go further. Winters said the woman reported that she was scared, and that Bryant grabbed her with both hands around her neck. He then forced her over a chair and, despite her protests, raped her, the detective said the woman told authorities, and then told her repeatedly not to tell anyone about it. But under cross-examination by Mackey, Winters said there were no red marks, bruises, scratches or finger marks on the woman's neck. CNN Correspondent Gary Tuchman contributed to this report.
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