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Another man's semen reportedly found on Bryant's accuser = THAT'S ME
By GREG GITTRICH and CORKY SIEMASZKO
New York Daily News







NEW YORK - Kobe Bryant's defense team believes it has proof that the woman who accused
him of rape had sex with at least one other man shortly before the alleged attack, the
New York Daily News learned on Friday.


The revelation came a day after Bryant's lead defense lawyer, Pamela Mackey, caused an
uproar at a court hearing by asking whether the woman's vaginal tearing was the result
of "sex with three different men in three days."


Retired Eagle County District Court Judge William Jones said Mackey asked the question
because she has physical evidence suggesting the tearing could have happened during an
earlier sexual encounter.


"There was more than one man's semen found in her panties," Jones said. "That's what's
behind all of this."


Jones said he learned of this from Mackey's co-counsel, Hal Haddon.


"I have known him for 40 years," Jones said. "He was doing some work for me and he
mentioned it to me. It will come out in due course."


He does not account for Mackey's suggestion that the woman had sex with a third man.


Citing the gag order that Judge Frederick Gannett imposed on the case, a spokeswoman for
District Attorney Mark Hurlbert declined to comment. Bryant's defenders also declined to
discuss the case.


Veteran Denver criminal defense attorney Jeralyn Merritt said she's convinced Mackey has
something up her sleeve.


"By her asking that question, it's clear they have evidence about the accuser," she
said. "Pamela Mackey would not have brought this up out of thin air."


Mackey, a lawyer known as a pit bull in pearls, dropped her bomb after Eagle County
Sheriff's Detective Doug Winters recounted in graphic detail the alleged victim's
version of what happened on June 30 at the posh hotel near Vail, Colo.


The 19-year-old woman told cops she and Bryant kissed. But when she tried to leave,
Bryant bent her over a chair and raped her, Winters said.


The accuser's blood was found on Bryant's clothes, Winters said.


But Mackey's surprise question brought the proceeding to an abrupt halt. The hearing
resumes on Wednesday.


Crossed a legal line?


Former Denver District Attorney Norm Early said Mackey "blatantly smeared" Bryant's
accuser and possibly violated Colorado's Rape Shield law, which bars lawyers from
delving into the sex lives of assault victims.


"I don't care what evidence they could have, three nights of consensual sex with three
different partners would not lead to a vaginal tear," Early said.


Karen Steinhauser, another former Denver prosecutor and an expert on sex assault cases,
disagreed. She said vaginal tearing also occurs during consensual sex and that Mackey's
question was "proper."


"There is an exception under the Rape Shield that allows her to ask about the injuries
if there is evidence they could have been caused before," she said.


Mackey is no stranger to high-profile cases. Among others, Mackey got a domestic
violence charge against Colorado Avalanche goalie Patrick Roy dropped. She also avoided
jail time for Jeane Newmaker, who smothered her 10-year-old adopted daughter in a highly
publicized "rebirthing" case three years ago.


Haddon represented JonBenet Ramsey's parents and got sex assault charges against gonzo
journalist Hunter Thompson dropped for lack of evidence.

Firebird

Good post.

arfurvirus

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