Sports Law Blog
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Thursday, August 12, 2004

More on Kobe: In "the sun rising in the east" news, it looks as if the Kobe Bryant criminal trial will be delayed indefinitely. The prosecution is seeking the delay (view the motion here), stating that the many errors made by the judge and the court have hurt the prosecution's case and tainted the jury pool. Of course, the prosecution does not state how the jury pool will possibly improve during a prolonged and highly public civil trial, but this seems to be the beginning of the end of the criminal proceedings. Many experts agree that the prosecution is throwing up a smoke screen to shield their retreat from the case.

In case the judge denies the motion for a stay, the state has also appealed one of the judge's rulings to the state Supreme Court, an appeal that could take months. The appeal questions the judge's order that the accuser's sexual history should not be admitted as evidence.

But the public does not care about gag orders, appellate rulings or smoke screens. For the public, this is just another example of a high-profile defendant who is able to buy his way out of trouble and beat the rap. And in a large way, the public is right. If the civil suit settles, not an unlikely proposition, then the truth about that Colorado night will never be known. Bryant will go back to basketball, perhaps a few million dollars poorer, and we will have proven once again that the class system is alive and well in our country.