Kate Farber may drop case (Kobe's accuser)

Started by LSBeene, Aug 04, 2004, 06:33 PM

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LSBeene

News Story

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Kobe's Accuser May Discuss Dropping Case
Wednesday, August 04, 2004
 
DENVER -- The woman who accused Kobe Bryant (search) of rape will have to discuss with prosecutors whether she will go ahead with the criminal case because she fears the release of court documents about her sex life threatens her chance of getting a fair hearing, one of her lawyers said Wednesday.

John Clune said his 20-year-old client will have to talk to prosecutors soon about that and will also consider whether to file a civil suit against the NBA star.

Asked if his client is considering dropping out of the criminal case, Clune told The Associated Press: "That's something she and prosecutors will have to discuss in the immediate future. The DA's office will have to make that decision on what they want to do."

The woman's other lawyer, L. Lin Wood (search), said decisions on how to proceed should be made in a matter of days. Bryant is scheduled to go on trial Aug. 27 in Eagle, Colo.

"This young woman is not going away. Whether it proceeds criminally or civilly or both, justice is going to be had for this young woman," Clune said.

Prosecutors have been in constant contact with the accuser and her lawyers throughout the case and were told the woman would still participate even after the release of the transcripts, district attorney's spokeswoman Krista Flannigan said Wednesday.

"Nothing has changed with our plans of going forward with the prosecution of this case," she said.

Under pressure from the U.S. Supreme Court (search), District Judge Terry Ruckriegle on Monday released some 200 pages of transcripts from a closed-door hearing in June. The transcripts had been mistakenly e-mailed to The Associated Press and six other media organizations, who fought for the right to publish their contents.

Click to read the judge's ruling.

The documents include testimony from a DNA expert for the defense, Elizabeth Johnson, who says she is convinced the accuser had sex with someone after Bryant and before she contacted authorities -- a claim that Clune has vehemently denied.

Johnson based her conclusion on the discovery of another man's sperm on the woman when she underwent a rape exam at a hospital.

There was no testimony in the documents from a prosecution expert on the issue. Clune and prosecutors say the transcripts are one-sided and that a gag order in the case prevents them from presenting their explanation of the damaging evidence before the trial.

Prosecutors have suggested the woman put on underwear that hadn't been washed before going to the hospital, transferring semen from a man identified only as "Mr. X" to her body.

The judge has said the defense can present evidence about the woman's sexual activities in the three days before the July 1, 2003, hospital exam, saying it is relevant to help determine the cause of her injuries, the source of DNA evidence and her credibility.

Clune has kept a low profile during the case but on Wednesday he and Wood appeared on ABC to express their frustration with court mistakes which breached the woman's privacy.

"The amount of damage that has been caused by the court's error is so harmful not only to this case but to this young woman that it would be irresponsible for us not to speak at this time," Clune told the AP.

In September, the woman's name was included in a filing on a state courts Web site that was quickly removed. Last fall, the hospital where she and Bryant were examined accidentally turned over her medical records to attorneys in the case.

That was followed by the e-mail mistake in June and a gaffe last week in which a sealed order by Ruckriegle was mistakenly posted on the Web site, divulging her name again and information about DNA evidence collected during Bryant's hospital exam.

Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with the woman at a Vail-area resort last summer. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.


Now, let's examine her motives for wanting to drop the case shall we?

Is she too burnt out to continue?  I highly doubt it as she is still looking for a civil settlement.  And the difference between the two types of trials?  "Reasonable doubt" versus 51% belief of her word and the evidence.  

She's gotten "hurt" by having her name being released? Gee Kate Farber, compared to what Kobe has gone through as an accused rapist, you've had a pretty easy time.  

"Rape carries a stigma and people will judge her" cry the feminists.

Anyone see ANY major news outlets saying ANYTHING remotely like an attack on this woman?  In comparison, Kobe's gotten quite a bit of negative press.  



Let's be very clear here.  ANY harassment of Kate Farber is wrong.  I mean that seriously.  Why?  Simple:

1)     It's wrong.  PERIOD.  She has alleged rape, to being the victim of a serious crime and the harassment of her will make other REAL rape victims not come forward.  Much as I think Kate Farber has lied, one has nothing to do with the other.  She has every right to being secure in her home (including threatening phone calls) as you or me.  

2)       It does men's groups NO GOOD to have this woman be a martyr.  And if she drops this case because she says she was harassed, and she has been, whether or not it's true as to WHY she's dropping it, then Kobe's name will never be cleared, the feminists will claim victory regardless, and it gives Kate an "out".

The prosecution knows its' case has gone to hell.  They'll lose.  Look folks I'm not a "Legal Eagle", not an expert, and I can't prognosticate.  But when the prosecution is even HINTING that they may drop the case, that there are problems, or talking about "she may still file a civil case" that's "lawyer talk" for "we're screwed".  Sure, the prosecution would LOVE to take offer a "deal" to Kobe, but Kobe's team won't touch one with a 10 foot pole.  Why?  Because they don't have to.  They'll win.  Sure, this is my opinion, but it's an informed opinion based on years of watching rape cases.

Kate Farber's case mostly fell apart for many reasons:

1)      She showed up to her rape exam with another man's semen and had NO explanation.  The one she makes NOW is lame as hell.  What woman puts on cum stained underwear knowing full well she is headed to a rape exam?  And IF that had happened, wouldn't she have told someone SOMETHING?  Was she out of laundry?  To better illustrate this, imagine the field day "victim's advocates" would be having if Kobe denied even having sex with this woman, and showed up with her fluid on HIS underwear. Or if her vaginal fluids were present and he had denied HAVING sex.  It's not a perfect analogy at all, I know.  But the point being if Kobe had this lame ass kind of story about a critical piece of forensic evidence he'd be hung upon it.  Gender doesn't change that.  In this case credibility and your story fitting the facts are crucial.

2)      Her bragging about having sex with Kobe days later at a party is rather odd for someone who was "traumatized" by rape.   She describes his penis size in glowing terms, is jovially telling her story, and now the rest of us are supposed to believe she was "suffering"?  

3)     She's already talking "Civil suit", she took $17,000 in "victim's compensation", and in general seems to be playing the "gold digger" role to the hilt.  Am I being unfair?  I don't think so.  Remember the woman Mike Tyson raped?  She never went after publicity, never asked for a dime, and her story never changed.  Her I believed.  Kate? I don't believe her.

Someone needs to be jailed in this case to send a message.  In my opinion it's Kate Farber.  The twisted part is it'll never happen, and Kate knows it.  She has nothing to lose and a wheelbarrow of money to gain in this gamble.  Kobe, though he is an adulterer, has already lost too much.



Rape shield laws are relics of a time when women got asked "didn't you show up wearing black underwear?  In the past when you wore black underwear did you have sex?"  But those times are past.  Any defense attorney who tried that these days would be crucified by the judge, humiliated by the press, and would hurt his client.

It's time we repealed "rape shield" or made it to include the accused. I favor abolishing it.  Why?  Because any "special laws" that deprive citizens of their due process are wrong.  The original intent has been distorted to include cases where even a woman's history of making false allegations of rape are not allowed into evidence.  I promise you that when the legislation got passed no one intended that.

And we need to jail false accusers.  The tag line in too many stories I've read after a woman's word was found to be a lie has been: "the ADA is considering filing charges".  The press knows it's a sham.  MRAs know it's a sham.  And I can guarantee you the accuser is told this too.

Someone got raped all right.  His name was Kobe Bryant.

Steven
'Watch our backs at home, we'll guard the wall over here. You can sleep safe tonight, we'll guard the door."

Isaiah 6:8
"Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!"

Sh0t

Well said above.

I hope the chick was at least semi-hot because Kobe's wife is smoking.

Cog

It is times like this that I miss the MS boards the most.  It would have been interesting to read the threads over there as the credibility of the alleged victim melts away.

Of course most of the feminists would probably be 100% lock step behind the accuser no matter how uncomfortable the actual evidence turned out to be. Sooner or later however a couple of brave souls over there would have been compelled to observe that she has not helped her case by showing up for a rape test with extra male semen in unexplainable places.

And then lied about it.

Sworn statements denying any such scientific evidence (I did not sleep with anyone else it was just that the panties were soiled) will speak to the issue of her credibility.  Add to that her declared interest in pursuing a civil judgement against Mr Bryant.

Ker-ching, ker-ching.

In the longer run this case may very well bring into question some of the rape shield laws that are currently on the books.

I miss the MS boards....

LSBeene

God help us, but I miss the MS boards too

:oops:

Steven
'Watch our backs at home, we'll guard the wall over here. You can sleep safe tonight, we'll guard the door."

Isaiah 6:8
"Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!"

SacredNaCl

All I can think of is in Civil Court Kobe has the opportunity to countersue, and his damages exceed 100 million dollars.  


If she wants to roll the dice on that, she better hope I'm not on the jury.
reedom Is Merely Privilege Extended Unless Enjoyed By One & All.

Gabriel

Quote from: "LSBeene"
"Rape carries a stigma and people will judge her" cry the feminists.

I would argue that it is truly the opposite. Alleged rape victims today are not stigmatized, but glorified. They are "survivors" (on par with survivors of war), celebrities (like Tori Amos) glorify if further,  and  they receive plenty of attention for being a victim from friends/family/counselors.



Quote from: "LSBeene"

Let's be very clear here.  ANY harassment of Kate Farber is wrong.  I mean that seriously.  Why?  Simple:

1)     It's wrong.  PERIOD.


Thanks for the lecture Steve, I have truly no idea why you said this, it is pointless and useless. I have not heard one person on any board I have been a part of suggest that harassing any alleged rape victim (or anyone) is a good idea.  Please save the lecture on the  moral rectitude of certain actions for those rare individuals who actually suggest such things.


Quote from: "LSBeene"

1)      She showed up to her rape exam with another man's semen and had NO explanation.


Truly,  this is evidence that this girl is mentally instable.


Quote from: "LSBeene"

2)      Her bragging about having sex with Kobe days later at a party is rather odd for someone who was "traumatized" by rape.   She describes his penis size in glowing terms, is jovially telling her story, and now the rest of us are supposed to believe she was "suffering"?  


Where did she do this, please cite something. I haven't heard this before anywhere. I am very interested in this one.

LSBeene

Gabe,

I apologize if I came off as lecturing, but I did it for a reason.  A lot of people besides MRAs read this board and use our words out of context and make us look "pro-rape".  So, I often try to make sure that, while I may be for men's rights, that I don't think that the harassment of allgeged rape victims is ok.  And I don't.  It wasn't directed at YOU or anyone here in particular.

I also agree that rape no longer carries the same stigma it did, but the Gen-Fems claim it does.  I was countering that arguement.  Good call on the Tori Amos thing.

I am only home for lunch.  We just got out of the field and I want to find the article about Faber talking at the party.  I might get to it tonight, but if I'm too wiped out to do research (I want to unwind after being rained on and muddy - sorry) then I'll get to it tomorrow.  Fair enough?

Steven
'Watch our backs at home, we'll guard the wall over here. You can sleep safe tonight, we'll guard the door."

Isaiah 6:8
"Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!"

kal147

Quote
She was bragging about the whole thing," Evancho said, adding that the woman seemed "happy. She was having fun."


http://www.nydailynews.com/news/story/103364p-93545c.html

Kobe's accuser 'bragged'

Partygoer: She was happy

By DEREK ROSE
DAILY NEWS STAFF WRITER

The young woman accusing Kobe Bryant of rape bragged about the alleged assault at a party last week - and gave a graphic description of the NBA star's anatomy, partygoers said.
Steve Evancho told NBC News that he was surprised when the 19-year-old woman showed up at his house party on July 15 - three days before prosecutors slapped Bryant with sex assault charges.

"She was bragging about the whole thing," Evancho said, adding that the woman seemed "happy. She was having fun."

She even answered a question about the 6-foot-7 L.A. Lakers star's manhood, five people at the party told NBC.

"She answered with a gesture and a description," said NBC correspondent Michelle Hofland. "They couldn't believe it."

A spokeswoman for the Eagle County, Colo., district attorney declined to comment on the story yesterday.

Other friends have said the woman was stunned and upset after the June 30 incident at the Lodge & Spa at Cordillera, where she worked at the front desk.

The report comes as a friend of the woman said the woman felt "a certain amount of chemistry with" Bryant when she showed him around the ritzy mountain resort near Vail.

After showing Bryant around the lavish lodge, she accepted his invitation to go to his room, Luke Bray told The Denver Post.

"She had thoughts of declining," Bray said. "But he had been nice. She felt safe about doing that."

Bryant raped her when she tried to leave, Bray said.

Conviction promised

Bray also echoed his wife, Starlene Bray, who has said the woman suffered obvious injuries.

"I can't wait for this to get in front of a jury so they can see what happened," Luke Bray said. "Their jaws will hit the floor, and they will convict him."

Bryant, married with a 6-month-old daughter, insists he had consensual sex with the woman.

Meanwhile, today's Globe supermarket tabloid published a photograph of the accuser on the cover with a black bar covering her eyes.

"This is the No. 1 face in America that people want to see, and so we decided to go with it," said editorial director Jim Lynch.

The woman's name is not mentioned.

Mainstream media outlets have refrained from identifying the accuser or showing her picture, though some of her personal information has appeared on the Internet and a syndicated radio talk-show host has aired her name.

LSBeene

Thanks Kal,

I appreciate you taking the time to look that up.

When I get out of the field I don't feel like doing more "work", even though it's for a good cause.

It was rainy, cold, blustery, and long.  We got to fire our weapnos a lot though!!

Steven
'Watch our backs at home, we'll guard the wall over here. You can sleep safe tonight, we'll guard the door."

Isaiah 6:8
"Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!"

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