The "People vs. Kobe Bryant...
And Justice For "All"

AUGUST 03, 2003
by Debra Opri - Attorney and Legal Analyst

The conservative and liberal media have much to cheer for... Justice in its finest is now in process. The order of the day is to let the hands of justice be swift and sure. The pulse of the public is beating rapidly for the accused to be judged. There is a rallying cry rising up shouting... give ‘em a fair trial...and then let’s hang him.... Sorry, Kobe, but what did you think was going to happen? What? You really thought a press conference was a good idea? How come a $4M ring…now? Witnesses? Lots? But did they actually see anything? And whose friends are they anyway? Not yours. PS… What do you think “no” means?

Legal Theory 101: “The law is fair and just.” It’s written… it’s to be followed... The evidence used to interpret the law is to be gathered, and collected... and used and used and used... until by the time it gets to the jury…it may just be twisted by the collective conscience of us all. “Did he do it?” “Could he do it?” “Why did he do it?” “Did he really think he’d get away with it?” “He has to be made an example of.” “It doesn’t matter how famous he is.” “Another one bites the dust....”

And don’t forget the actual law that’s going to be read to the jury for them to listen to and “understand”... before they get to deliberate on the evidence... “using” that law as their guide. And how many people know how to read maps?

To be certain, the law is potently and overwhelmingly favorable to the victim. Just look at how the felony sexual assault law is written... very wordy, but oh so simple and clear in what needs to be proven... at least that what the jury’s going to hear:

Now for the evidence.... and its all got to do with “did the girl consent?” The witnesses tell us.... we know her.... she was at a party... commented on Kobe’s size... she tried to kill herself.... she was depressed.... she was hospitalized.... she was upset after the assault.... she wasn’t upset.... her clothes were ripped.... she was in shock..... on and on and on....
The “insiders” say she and Kobe had a “prior sexual relationship”... Really? Who is this “insider”... and how does he know? Someone told him?

Hearsay... conjecture..... rumor..... speculation..... but these are all “eye witness accounts” from people who know.......

So the jury is being educated..... by the public relations machines of a celebrity...... by the gristmill of the media of the people, by the people, and for the people. A constitutional right this “freedom of the press” is So much freedom, there is a US Supreme Court ruling that says,”the court must give the evidence to the press as long as there is no substantial prejudice to the defendant’s right to a fair trial.” Considering Kobe has opened the door by crying “consensual sex” to the press and media, it’s a stretch that the prejudice might not have been designed to be self inflicted by none other than the defendant..... Kobe. Bravo..Use the first amendment to sway the press but fight them when it comes time to actually have to let them see the evidence.

Did anyone know that the accuser has rights too? That’s correct. Small problem though. Just who is going to protect her? Think about it. Her reputation is being dragged through the living rooms of all of us...... and there’s nothing she can do about it........ but that’s for the next column........ coming soon to your living rooms.......