Kobe's Accuser is a druggie?!

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I am sorry for using the "R" word - and NOTHING EL
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you KNOW his legal team will be bringing up this aspect in court:
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The Colorado woman who has accused Kobe Bryant of sexual assault overdosed on pills and was rushed to a hospital two months before the alleged incident with Bryant, one of her close friends told the Orange County Register.

Based on the 19-year-old woman's accusation, Bryant was officially charged with a single count of felony sexual assault Friday. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000. Bryant is scheduled to return to Eagle, Colo., for a preliminary hearing on Aug. 6.

Bryant, 24, said Friday that he was guilty only of committing adultery.

In cases of this nature, the credibility of the accuser -- whose identity is not being revealed -- often becomes an issue. The accuser's friends have been keeping her overdose a secret -- until now, the Register reported.

"I think it was just a cry for help," 18-year-old Lindsey McKinney told the newspaper. McKinney had been living at the accuser's house in May, when the woman allegedly took the pills.

When she learned from the woman's ex-boyfriend that the woman had "overdosed," McKinney rushed to her home and found the woman incoherent, lethargic and seemingly drunk, according to the Register.

"I was scared. She wasn't really talking at all," McKinney told the newspaper. "I was like, 'you need to open your eyes.' "

Some friends of the accuser said they believed the overdose was an accident. Not McKinney.

"I don't think it was accidental. I was there," she told the Register.

Tyson Ivie, a former classmate of the accuser's, told the newspaper that the overdose was "a big secret" that friends have been unwilling to talk about until now.

The police dispatch call from the night of the alleged assault is currently sealed from the public by investigators. The woman's father declined comment for the Register's story.

According to the newspaper's report, Bryant's accuser was going through an extremely difficult period in her life at the time of the overdose. She returned home from her freshman year of college to find out her ex-boyfriend had taken up with another woman. Also, around the time of the overdose, close friend Nicole Clements died in a road accident while returning from high school graduation ceremonies.

"It was kind of boom, boom, boom," McKinney told the Register. "I think the things that happened to her in the past had a lot to do with what [she said happened the night of the alleged assault]."

"I know she had been going through a lot, but I know that she wouldn't lie," 19-year-old Eagle resident Ashley Scriver told the newspaper. Scriver also knew about the the overdose.

The Register quoted legal experts as saying the news of the overdose will be a major advantage for Bryant's defense team.

"This is powerful evidence and the answer to the defense's prayers," Robert Pugsley, a criminal law professor at Southwestern University School of Law in Los Angeles, said. Pugsley added that this kind of evidence, if exploited by the defense, could be enough to shut down the case before it reaches trial.

"[Defense attorneys are] looking for a way to demonstrate that this woman is hysterical and over-reactive," Pugsley said. "This is literally dynamite evidence, a bonanza for the defense and a landmine for prosecution."

Bryant's attorneys could not be reached for comment Saturday by the Register.
 

"American Idol Capping Expert"
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"American Idol Capping Expert"
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please admit that he is soooooooooooo off the hook now
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I am sorry for using the "R" word - and NOTHING EL
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i'll stand by what i have been saying since Day 1: this case NEVER goes to trial. NEVER!

for if it does - this young lady will be turned into Swiss Cheese and the colorado DA will be made to look like a fool!
 

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Winky the DA has to take the case to court if he wants to write a book about it afterwards and make some $$$$$$$
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Winky

how does this case not go to court ? State of Col versus Kobe ?

Kobe has to pay for this "screw up"
 

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that da will get his nuts handed to him.his lawyers will chew her up and spit her out over this story.
 

It's Super Sunday....Could Go Into Sudden Death
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Some of you people need to get an education before you start talking about things that you know nothing about.

The drug use of the victim is inadmissible in the criminal trial.

I know that many of you are heartbroken that your hero Kobe has let you down but that does not give you the right to be ignorant of the laws and the facts.
 

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wait for the f u c k ee's to come out of the closet against Kobe. Kobe has problems.

The DA might have a wire tap of the accuser and Kobe talking after incident
 

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How is it inadmisable ?

It portraits a picture of her character.

And code you're right Kobe has issues but how is the DA going to sell rape with bringing up 100's of witnesses that willingly opened their legs for Kobe to jump in ?
 

It's Super Sunday....Could Go Into Sudden Death
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<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by IDENTITY:
it can be used to impeach her credibility, son.<HR></BLOCKQUOTE>

Not in the criminal trial and especially in Colorado. There are many laws and statutes to protect rape victims.

Perhaps you should visit your public library.
 

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I am an attorney and I am confused how this alleged overdose in inadmissible? I never heard that any rule of evidence saying that drug use is not admissible. If she tried to overdose it is critical evidence that could show her mental state.
 

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its up to the Judge and this does not sounds like it would be admisable
 

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There are many laws and statutes to protect rape victims.

That's just the point ! She's an alleged rape victim ! Untill the DA convicts Kobe it's fair game on her background and character.

If and when he gets convicted she's got all the rape victim protection rights she needs
 

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The bottom line is there is no rule saying that drug use is inadmissible - certainly not in the Florida Rules of Evidence or the Federal Rules of Evidence - this might be the dumbest comment I have ever heard.

It is not up to the judge to decide - it is up to the Colorado Rules of Evidence. The judge doesn't get to make any decision other than apply the rules.

If true, it reflects on her character and if it was a purposeful overdose it relates to her mental state - if true, it would be powerful.

Could you imagine some girl out totally wasted and on ectasy and saying she was raped and this drug use being inadmissible?
 

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Evil, I'm going to agree with you here. *Assuming* that she was not intoxicated (I'm sure she was tested at the hospital) on the night of the the incident, I don't see how this would even be relevant and certainly I can't see how any minor probative value would outweigh the prejudice it could cause.

You guys say it is probative in terms of her character. How? Did she *lie* when it came to the overdose incident? Her "character" here would be her trustworthiness. I don't think it can be shown that a person who had an overdose is less trusthworthy. Now, if she was on drugs or alcohol *that night* then surely it is a factor. But if not then I fail to see how a past overdose tells us anything about her trustworthiness in this case.

My *guess* is that this would be inadmissable. I'm not a criminal lawyer and I don't practice in Colo so take my opinion FWIW.
 

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Whatever the Judge/Colorado rule of evidence. I think the Judge knows what to allow and what not to. Judge may consult them but it is still up to the judge. I do not think it will be admisable.
 

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