DENVER - In a huge victory for Kobe Bryant, the judge in the NBA star's sexual assault case ruled Friday that his accuser's sex life during the week of their encounter can be used against her at trial.
District Judge Terry Ruckriegle said details of the woman's sexual activities in the three days before her July 1, 2003, hospital examination are relevant to help determine the cause of her injuries and the source of DNA evidence. He also said the credibility of the accuser was a factor.
Colorado's strict rape-shield law, which generally prevents the sex life of an alleged assault victim from being admitted as evidence, does not apply to all the information Bryant's attorneys want to introduce, the judge said.
He said he was convinced by the defense that "specific instances of sexual activity" and evidence of sex can be offered to bolster their contention that her injuries were not caused by Bryant.
Prosecution spokeswoman Krista Flannigan called it a "very significant ruling" and said prosecutors would decide how to proceed after reviewing the decision. The woman's attorney, John Clune, declined comment and defense attorneys did not return a call.
Bryant faces an Aug. 27 trial on a single charge of felony sexual assault. He has pleaded not guilty, saying he had consensual sex last summer with the woman, then a 19-year-old front-desk worker at a Vail-area resort.
If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation.
The defense's bid to question the accuser's credibility by bringing up her sex life was considered one of the most important pieces of the upcoming trial. The defense has suggested the woman had multiple sexual partners in the days surrounding her June 2003 encounter with Bryant.
TRADE OFF: In Cleveland, Needing to replace Carlos Boozer, the Cleveland Cavaliers acquired Drew Gooden in a four-player trade with Orlandoy, sending Magic forward Tony Battie and two second-round draft picks.
In their second major deal this week, the Cavaliers also got rookie forward Anderson Varejao and 7-foot center Steven Hunter - a former first-round pick - from Orlando.
Gooden should help Cleveland offset the surprising loss of Boozer, who bolted as a free agent when he signed a six-year, $68 million offer sheet with Utah last week. The 6-foot-10, 242-pound Gooden isn't quite as good as Boozer, but he's young, talented and inexpensive.
Gooden averaged 11.6 points and 6.5 rebounds in 79 games - 17 starts - for the Magic last season.
On Tuesday, the Cavaliers acquired point guard Eric Snow from Philadelphia for Kevin Ollie and Kedrick Brown. The Cavaliers might not be done making trades, either. They have reportedly shopped guard Dajuan Wagner and center DeSagana Diop.
Battie, 27, was a solid defender and role player in Cleveland, averaging 5.4 points and 4.8 rebounds in 50 games after coming over in a December trade from Boston.
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