Legalball.com is actively
seeking corporate
sponsorship for our sports
news website. Reach tens of
thousands of potential
customers advertising on
Legalball.com
To learn more please contact
Legalball.
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
HOLIDAY SALE ON ALL TICKETS - $10 DISCOUNT
NBA
Tickets
Buy or Sell
To buy or sell tickets to
any Basketball game
make sure to use
Legalball.com where all
transactions are
guaranteed!
For L.A. Lakers, New
York Knicks, Houston
Rockets, Boston
Celtics, Chicago Bulls,
Denver Nuggets,
Philadelphia 76ers,
Miami Heat, Detroit
Pistons, Cleveland
Cavaliers,
or any other NBA TEAM
By: Keith Dobkowski, NBA News Writer
A year and month after Kobe Bryant was accused of Rape, it
looks like he is a free man. Today, September 1, 2004, the
alleged victim told prosecutors that she would not take the
stand. The prosecutors will ask the judge to dismiss the case
with prejudice later this afternoon, meaning that the case cannot
be re-filed.
The civil case between the alleged victim and Kobe Bryant that
was filed in Denver Colorado several weeks ago will continue as
planned.
So what does this all mean?
First, the alleged victim did not get to choose whether she would
take the stand in the criminal trial, but rather is required by law
through use of a subpoena. However, if the prosecutors no
longer found the alleged victim to be a believable witness, that
factor may have lead to this decision.
According to the sixth amendment of our constitution, a
defendant, Bryant, has the right “to be confronted with the
witnesses against him.” Bryant maintained the right to cross-
examine the alleged victim.
With rumors swirling of the victim having sex with another male
after alleged rape yet before going to the police, the prosecution
may have also found the victims credibility to be lacking.
While we may never know what caused prosecutors to make this
decision, money has it that we will all find out soon enough.
Second, the civil trial will continue as planned. Even though
Bryant is no longer facing criminal penalties, he can still be sued
civilly. If the alleged victim can prove that she suffered any type
of harm, including physical, mental or emotional, she may be able
to get financial damages from Bryant.
A quick reflection to the O.J. Simpson trial shows that a
defendant can be found not guilty in a criminal trial yet have to
pay damages in a civil suit.
Most likely the civil suit will settle before it ever reaches trial.
Most civil cases never see the inside of a courtroom and settle
well beforehand.
Here it is likely that Bryant will look deep into his pocket and do
some quick calculations. A civil trial can last several years and
costs a lot of money. Bryant will look at the costs for his
attorney’s fees and time in comparison to the cost of a
settlement. If a settlement can make this go away and save
Bryant money, it can be assumed that Bryant will settle.
Furthermore, most settlements include secrecy agreements that
would disallow the alleged victim from sharing her story.
Two other factors to be examined for the civil case is Bryant’s
determination to be found not guilty in the court of public opinion
and the victim’s financial capabilities.
Bryant may fight the civil suit in hopes of proving complete
innocence. However, if Bryant chooses this route, the alleged
victim would not have to sign a secrecy agreement. Even if the
alleged victim lost the civil suit, she could still sell her story to the
media, using such outlets as 20/20, 48 Hours, and 60 Minutes.
Bryant would also have to look at the alleged victim’s financial
capabilities to determine whether a counter-suit is possible. If
the alleged victim’s civil suit is defeated and found to be
outlandish, Bryant could counter-sue for his legal fees. The
caveat is that the alleged victim must have money that Bryant
can sue for. If she does not, Bryant is left with nothing to gain.
Third, what effect does this have on the Lakers?
The Lakers can now sit back and relax knowing that their star
player will be in camp and with the team for the next several
years. Thoughts of Kareem Rush starting at the two-guard will
disappear and Kobe Bryant and his famous number 8 will lead
the Lakers yet again.
Published Sports Writer
CONCERT
TICKETS
Or Sell
Your Extras
Using Legalball
Baseball Tickets
NFL Tickets
NBA Tickets
College Football
High Crime rates in the NBA...
Our Sports Law and Sports Business Experts know why
High turnover in Major League Baseball...
Our Sports Law and Sports Business Experts know why
Steroids in the NFL, MLB, and Olympics...
Our Sports Law and Sports Business Experts know why
Legalball.com will address both Sports Law and Sports Business issues and give
readers an inside understanding to both what happens in sports and why it
happens…
So For Sports Fans who desire to know WHY things happen…
Our Sports Law and Sports Business Experts know why
LegalBall.com - Sports News Covering Legal and Business Issues