Bryant Charge Dismissed; He Apologizes

E A G L E, Colo., Sept. 1, 2004 -- A judge dismissed the sexual assault charge against Kobe Bryant today after prosecutors made it clear the alleged victim refused to testify. Bryant maintained his innocence, but apologized to the young woman and her family.

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did," Bryant said in a statement read by his attorney, Pamela Mackey. "After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter."

Noting that the alleged victim was "unable to go forward," prosecutors filed a motion to dismiss the case this afternoon. Judge Terry Ruckriegle granted the request.

The charge was dismissed with prejudice, meaning it cannot be refiled at a future date. Bryant's statement was issued with the understanding it cannot be used in the civil suit the woman has filed against him.

"I also want to make it clear that I do not question the motives of this young woman," he said. "No money has been paid to this woman."

Jury selection in the criminal case had already gotten under way, and opening statements were expected to begin Tuesday.

The Los Angeles Lakers star was accused of raping the young woman on June 30, 2003, at an Eagle resort where she worked and he was a guest. He pleaded not guilty to one felony count of sexual assault.

Bryant, 26, has admitted having sex with the woman, who was 19 at the time, but claims it was consensual.

If convicted of felony sexual assault, Bryant could have faced four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

‘Justice Was Interrupted’

Eagle Country District Attorney Mark Hurlbert said that while he regrets that "justice was interrupted," the decision was based solely on the alleged victim's personal decision to not testify — not a lack of belief in her or the case.

"We understand why she may have misgivings about her rights being protected," Hurlbert said. "We respect her decision 100 percent."The woman's attorney, John Clune, said his client has been through an extremely difficult time over the past 14 months and was disturbed by a series of courthouse mistakes that included the release of her name and medical history and defense allegations about her sexual activities.

"When this case ends she does not want to be brought back into the criminalprocess," Clune told the judge.

"The difficulties that this case has imposed on this woman thepast year are unimaginable," he said.

Ruckriegle admitted mistakes had been made by the court and said he took full responsibility.

Motion Seen as Embarrassment for Prosecutors

The 11th-hour withdrawal from the criminal case can only be seen as an embarrassment for the embattled prosecution, which has struggled for months against defense claims that DNA evidence indicated the alleged victim had sex with another man after her encounter with Bryant. The woman has denied that.

Hurlbert said he had no doubt the standards to bring prosecution "were met and exceeded" as long as a jury had the opportunity to hear from the woman. But he added that this bar could not be met without her participation.

The alleged victim filed a civil suit against Bryant on Aug. 10, seeking monetary damages of $75,000.

The dropping of the criminal case does not affect the civil suit. The young woman is expected to testify in that case.

In Los Angeles, Lakers General Manager Mitch Kupchak said the team was glad the criminal case was over.

"This has been a very difficult situation over the past 14 months for everyone involved," he said in a statement. "Kobe has handled himself with dignity and professionalism throughout this very trying ordeal. … We will continue to support him as we put this behind us and move forward."