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Spokane, Washington  Est. May 19, 1883

Accuser’s sex life will be allowed at Bryant trial

Jon Sarche Associated Press

DENVER – In a huge victory for Kobe Bryant’s defense, 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.

One legal expert called the decision a stunning defeat for prosecutors that could derail their entire case.

“This evidence is as damaging a set of facts as a prosecutor could ever have to contend with and one wonders if at long last the accuser will pull the plug on this case,” said Larry Pozner, former president of the National Association of Criminal Defense Lawyers.

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.

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 Bryant’s upcoming trial.

The defense has suggested the woman had multiple sexual partners in the days surrounding her June 2003 encounter with Bryant, including sex with someone after the alleged attack and before she contacted the authorities. The defense contends injuries found on her during an exam at a hospital could have been caused by someone other than Bryant.

The judge ruled that 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 lawyers want to introduce.

Bryant, 25, 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.