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Moderator
Join Date: Oct 2003
Location: NJ
Posts: 553/0.29
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Kate performing oral sex to Kobe
This is the best I could find after the Preliminary Hearing on whether Kate kissed and caressed voluntarily Kobe's little head. From Detective Winters' testimony, Kate didn't tell him directly but only to the medical nurse examer about kissing his penis. As I said earlier, this may be a critical piece of fact pattern on "force and restrain." The BJ was NOT foreplay by hearsay at the PH. Let's go to the Transcript pages.  <---Just Click Here
Quote:
Eagle County DA Greg Crittenden on direct 10/9/03 with Detective Roger Winters:
Q. Did the nurse indicate to you any other disclosures that the victim made regarding what had happened that night with Mr. Bryant during the SANE examination?
A. The nurses stated that she did speak with the victim, and she had stated that the victim had stated one other thing that had occurred that she didn’t tell me initially in my interview.
Q. And what was that?
A. About performing oral sex on Mr. Bryant.
Q. What did she say in regards to that?
A. The SANE nurse told me that that’s what was told to her by the victim.
Q. Did you later talk to the victim regarding this?
A. Yes, I did.
Q. And what did she tell you?
A. She had stated to me that –that right after sexual intercourse with Mr. Bryant, that, in her words, that she claimed that he wanted her to kiss his penis before she left.
Q. Did she tell you what her response was to that?
A. She stated, “no.”
Q. Did she tell you what he did after she said “no” to that?
A. She stated that he grabbed her and placed her in front of him down at his waist level, and pulled his penis out, and she kissed it. He made her kiss it.
Q. Did she indicate what she did after she got up after kissing his penis?
A. Um, I don’t recall specifically what she did after that.
Q. Do you recall if she said what time frame this occurred in relation to the sexual intercourse?
A. She said it was right after.
Q. Did you, during your initial interview with her, ever question her regarding oral sex, specifically?
A. No, I did not.
Mr. Crittenden: Judge, I believe we’re at that stage of the preliminary hearing where we’re going to be –
The Court: We’re going to take a short break and allow all of the parties in the room to leave, use the restroom, if you want….(pages 63 – 65)
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