The gamecock. (Columbia, S.C.) 1908-2006, October 15, 2003, Page 13, Image 13
Attorney in Bryant case
charged with smearing
BY JON SARCHE
THE ASSOCIATED PRESS
EAGLE, COLO. — Prosecutors
accused Kobe Bryant’s attorneys
of deliberately smearing the rep
utation of his accuser Tuesday as
they asked a judge to make sure
any evidence about her sexual
_history is heard behind closed
^H)ors.
In a sharply worded court fil
ing, prosecutors said defense at
torney Pamela Mackey stepped
over the line last week when she
asked a detective at the prelimi
nary hearing whether injuries to
the 19-year-old woman were “con
sistent with a person who had sex
with three different men in three
days.”
That question prompted Judge
Frederick Gannett to end the
hearing, which was to resume
Wednesday. The hearing will de
termine whether the NBA super
star will stand trial on a sexual
assault charge.
Prosecutors said the question
was a “deliberate and calculated”
attempt to elicit testimony on ev
^^ence irrelevant so early in the
SBise and came even though “at
torneys are expected to proceed
in an ethical manner.”
“What was even more unex
pected was her conscious mis
representation of the evidence in
order to smear the victim pub
licly,” prosecutor Ingrid Bakke
wrote. “The bell cannot be un
rung. It will be difficult enough
to overcome Ms. Mackey’s mis
statement of the facts.”
Mackey’s voicemail said she
would not return calls from
reporters.
Prosecutors want Gannett to
hold discussions about the ac
cuser’s sexual history in private,
if he determines the evidence is
relevant.
Bakke said prosecutors be
lieve that sort of evidence is pro
tected by Colorado’s rape shield
law, which bars the use of an al
leged victim’s sexual history in
rape cases with few exceptions.
Attorney Tom Kelley, who rep
resents several media organiza
tions including The Associated
Press, said he will fight the pros
ecution’s request for a closed
hearing.
“It’s not as though a lot of sen
sitive material has not been pre
sented to the public already, it
just happens to be unfavorable to
Kobe Bryant,” Kelley said. “I
don’t think the process ought to
be about presenting unfavorable
information about only one side.”
Kelley said he would meet
with Gannett and attorneys from
both sides before the preliminary
hearing resumes. Bryant’s attor
neys have already asked the
judge to close all or part of the
hearing.
The hearing began last week
with sheriffs Detective Doug
Winters describing the alleged as
sault in graphic detail. He said
the woman was flattered by at
tention from Bryant and agreed
to his request to come to his room
late one night.
After chatting for a while, they
began kissing consensually, but
she said no after Bryant grabbed
her around the neck, leaned her
over a chair and lifted her skirt,
according to the testimony. She
said no again after Bryant pulled
down her underwear before rap
ing her, Winters testified he was
told by the accuser.
It was Mackey’s cross-exami
nation of Winters that prompted
the judge to end the hearing.
Legal experts said Gannett
might give Mackey a chance be
hind closed doors to provide in
formation to back up her sug
gestion that the woman had oth
er sexual partners before her
June 30 encounter with Bryant.
Mackey and defense attorney
Hal Haddon also might want to
call their own witnesses, which
is unusual in preliminary hear
ings.
“The reason we have a prelim
inary hearing after all is to give
the defense a chance to say, ‘This
case should not even go to trial,
it’s so weak,”’ said Christopher
Mueller, a professor at the
University of Colorado law
school.
Bryant, free on $25,000 bond,
must return to Eagle for the hear
ing.
The 25-year-old Los Angeles
Lakers’ guard faces up to life
in prison if convicted of the
sexual assault charge against
him.
He has said he and the wom
an had consensual sex while
he stayed at the mountain re
sort in Edwards where she
worked.
The judge has said he will not
rule at the close of the hearing on
whether the case should go to tri
al. He plans to issue a written de
cision later.
I NASCAR
Hobbled Darlington
retains sponsorship
BY PETE IACOBELLI
TUB ASSOCIATKJ) PRK88
Apparently, the Carolina
Dodge Dealers Association
isn’t worried about Darlington
Raceway’s future in NASCAR.
The group, which has spon
sored the past three spring
races at Darlington, signed a
five-year agreement as title
sponsor for the track’s March
event, Darlington Raceway
president Andrew Gurtis said.
“We are blessed with great
sponsors,” Gurtis said. “We’re
honored to have them.”
The deal, announced
Tuesday, continues a roller
coaster ride of a year for “The
Track Too Tough To Tame.”
The 53-year-old track lost
its signature Labor Day week
end for the Southern 500 to
California Speedway next sea
son. But it keeps its two race
dates, moving its second one
to Nov. 14,2004.
x ne tracK openea its ex
panded museum in July. A
month later came the first sell
out at the Southern 500 since
adding the Pearson Tower in
1998.
And while ticket sales and
turnout remain a yearly ques
tion in the race-saturated
Carolinas—especially for the
spring event — workers pour
concrete and raise light poles
on a multimillion dollar pro
ject to bring night racing to
the circuit’s oldest super
speedway.
“This has been without a
doubt, a watershed year for
Darlington,” Gurtis said.
That doesn’t even take the
this year’s races into account.
The Carolina Dodge
Dealers 400 was won by Ricky
Craven over Kurt Busch in
the closest finish — .002 of a
second — since NASCAR be
gan using electronic timing in
1993.
“There’s a great deal that’s
out of the control of our staff”
Gurtis said. “Buy we hit all
the marks we could in 2003.”
The Carolina Dodge
Dealers’ backing la^ts
through 2008. Gurtis says the
agreement contains contin
gency language if something
happens to alter Darlington’s
spring event.
“We’re all adults and we
know the facts as they exist to
day with regard to Darlington’s
position,” Gurtis said. “They
understand and are comfort
able that we would work with
them if something happens. ”
Jeff Egolf, president of the
Carolina Dodge Dealers
Association, said he couldn’t
imagine a better track to as
sociate with than Darlington.
“They understand totally
what our marketing objec
tives are in the Carolinas, and
you’ll never find a better
. group of professionals to work
with,” he said.
It’s Gurtis’ job to make sure
the deal runs its course.
Darlington, one of NASCAR’s
smallest tracks with less than
60,1)00 seats, won’t ever match
attendance figures at many
other NASCAR venues.
However, Gurtis says he and
the staff will concentrate on fill
ing all available seats. Selling
out the Southern 500 was a
strong statement to keep the
Nextel Cup series at Darlington
for two races each year.
Football
CONTINUED FROM PAGE 12
heartbreaker to Tennessee, Holtz
said this LSU game poses another
hurdle to the Gamecocks, since
other teams haven’t been known
to make a great deal of mistakes
whenfacing Carolina.
“The main thing that we have to
understand is that people will play
a perfect game,” Holtz said. “I can’t
remember the last time a team
made many mistakes against-us
when we were an underdog. You
have to go all the way back to
Georgia when Quincy Carter
threw five interceptions against
us.”
“We aren’t going to go in there
an'd play a perfect game but what
we can go in there and make some
things happen. It’s important the
we go in there with the proper atti
tude towards this team, very simi
lar to the one we had at Tennessee.”
And after watching the film on
LSU’s game against Florida, he
doesn’t see them making the same
mistakes so his team must not
make its own.
“We aren’t going to go in there
and play a perfect game but what
we can go in there and make some
things happen,” Holtz said “It’s
important the we go in there with
attitude like Tennessee.”
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our reader of the week, whose picks will appear in Friday’s issue.
This week’s games:
Texas Tech at 23 Oklahoma St. 5 Southern Cal. at Notre Dame
15 Michigan St. at 25 Minnesota Florida at 11 Arkansas
13 Perdue at 14 Wisconsin Alabama at Ole Miss
9 Iowa at 8 Ohio St. Clemson at N.C. State Rankings are from
24 Missouri at 1 Oklahoma 10 LSU at USC The Associated Press.
♦ FOR TIE-BREAKING PURPOSES, PLEASE INCLUDE YOUR SCORE FOR THE
LSU-USC GAME. AND DON’T FORGET TO INCLUDE YOUR NAME!
BRIEFLY
^/omen’s soccer
loses two on road
The USC women’s soccer
team (8-5-2,1-2-1 SEC) took its
eight-game unbeaten streak on
the road, where the Gamecocks
received a rough welcome.
Carolina lost both of its road
games, the first to Georgia (9-5,
2-2 SEC) 2-1 on Friday and then
to Tennessee (9-4, 3-1 SEC) 3-2
on Sunday.
USC only made four shots
against Georgia, yielding to the
tough Bulldog defense. Georgia,
on the other hand, got off ll
shots, with forward Jessica
Winton accounting for three.
«nton also scored the game
ming goal in the 55th minute.
The Gamecocks managed to
get seven shots against
Tennessee, but USC’s shot to
tal was dwarfed by Tennessee’s
total of 20. Lady Vol midfielder
Ali Christoph had six shots
alone, along with one goal.
Midfielder Sue Flamini scored
the game-winning goal at the
85th minute, handing Carolina
its fifth loss on the season.
USC looks for a couple of
wins as the team returns home
to play Vanderbilt on Friday at
7 p.m. and Kentucky on Sunday
at lp.m.
Swim teams take
first meet of year
J^kBoth the USC men’s and
^Hlmen’s swimming teams
won their first meet of the sea
son at the College of
Charleston on Saturday. The
women’s team beat the
Cougars 124-99 while the men’s
team won 117-92.
Junior Carolynn McHugh
won two events for Carolina,
taking first place in the 200-me
ter individual medley and the
100-meter freestyle. Freshman
Kaelon May won the 800-meter
freestyle, junior Heather
Skaggs took the 200-meter
freestyle, senior Ashleigh
Bastak finished first in the 50
meter freestyle, while freshman
Meredith Ruka won the 200-me
ter butterfly and senior
Bronwyn Dedekind won the
200-meter backstroke.
Also, three female divers, ju
nior Lauren King, senior Holly
Hodges and freshman Lyndsey
Havens qualified for the NCAA
Zones Competition.
The Carolina men’s team also
won several races. Senior Tamas
Szucs won both the 200-meter
freestyle and the 400-meter
freestyle.
Sophomore Tim Farrington
won the 800-meter freestyle,
sophomore Reid Duff took the
100-meter freestyle, senior Ed
Murphy finished first in the 50
meter freestyle, senior Istvan
Bathazi won the 200-meter indi
vidual medley and Tamas
Bathazi nabbed the top spot in
the 200-meter butterfly. Men’s
divers junior Andy Bradley, ju
nior Dean Emmerton and sopho
more Ian Balman all qualified
for the NCAA Zones
Competition.
USC next competes at
Clemson on Friday at 5 p.m.
Volleyball loses its
second SEC match
The USC volleyball team (10-8,
4-2 SEC) lost its second confer
ence game on the road at
Tennessee on Friday. The Lady
Volunteers (14-4,4-2 SEC) lost
the first game to Carolina, but
won the second game close and
then did not look back.
The Gamecocks ended up
dropping the last two games by
margins of 11 and 12 points, re
spectively.
Even with the loss, four
Carolina players had double-dig
it kill totals. Outside hitter
Shonda Cole lead the team with
13 kills, while right-side hitter
Lynae Vanden Hull had 12.
Middle blockers Lauren Ford
and Niece Curry had 10 kills
apiece.
Carolina might not have won
the first game if it had not been
for an 8-2 run that tied the game
at 11-11 early on. A service ace
by outside hitter Iris Santos
sealed up the Gamecocks’ only
winning game on the night.
Errors dogged USC in the sec
ond game, leaving the door open
for a Tennessee win. The Lady
Vols then took over, out-blocking
Carolina six to one in the third
game and 13-5 in the fourth game.
Additionally, the Gamecocks hit
for .000 in the third game en route
to a match hitting average of .133,
the second-lowest hitting aver
age this season.
USC next plays at home on
Friday at 7 p.m. against
Arkansas, the only other team
to beat Carolina this season.
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