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Prosecution, Alleged Victim Agree to Drop Charge


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Money and fame buy freedom. But it was probably the fact that there were so many mistakes made during the case by the judge and court, that they decided they had no chance of winning

According to what I saw on SportsCenter, the victim has claimed she will no longer cooperate with the prosecution.

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The difference is simple.

 

In a criminal trial the standard for conviction is, beyond a reasonable doubt. That means the defense would ask the jury if they had any doubt what so ever, that they acquit.

 

Now in a civil trial the standard is a preponderance of the evidence, and of course you have the sympathy of the jury, and the knowledge that Kobe has millions, so even if they error, would an error of say $100k be that devastating?

 

If the case is dropped because she refuses to testify, there may be severe consequences on the civil trial, because no jury is being sequestered at this moment for said case, so almost every juror will know that it was not that she lost the case, like the Goldman Simpson case, it was that she did not even want to testify anymore.

 

And I really never thought that the prosecution had a chance, but I am suprised that they didnt go for a conviction, knowing that by losing the criminal case she would look even more sympathetic in the civil case. Because now they could say she was a "victim" whos only recourse now is monetary.

 

SB

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What the f*** is Kobe talking about "I now understand how she feels that she did not consent to this encounter."???

 

Either she did or she didn't, it's pretty easy to tell whether it's consensual or not.

 

All along he maintained he didn't do anything wrong, and now he is apologizing. :huh

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What the f*** is Kobe talking about "I now understand how she feels that she did not consent to this encounter."???

 

Either she did or she didn't, it's pretty easy to tell whether it's consensual or not.

 

All along he maintained he didn't do anything wrong, and now he is apologizing. :huh

The apology was a condition of the charges being dropped, and "can't be used against him" in the civil case.

BUT....most, if not all, potential jurors in the civil case probably heard his "apology" and as the saying goes, you can't unring a bell. I doubt the civil case ever goes to trial - there's got to be a framework in place for a settlement. I think she just wants to "get on with her life" with a few bucks in her pocket at this point, at least that's how it looks from the outside.

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Kobe was innocent all along.  This was a BS case and Kobe definately f***ed up in this whole thing.  He obviously wasn't the character individual everyone made him out to be, but this girl was a freaking whore who was trying to get fame.

Nice Jason... real nice.

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The apology was a condition of the charges being dropped, and "can't be used against him" in the civil case.

BUT....most, if not all, potential jurors in the civil case probably heard his "apology" and as the saying goes, you can't unring a bell. I doubt the civil case ever goes to trial - there's got to be a framework in place for a settlement. I think she just wants to "get on with her life" with a few bucks in her pocket at this point, at least that's how it looks from the outside.

IMO.. IF he was innocent.. no deal. No apology, no nothing. Move the case forward.. go to trial.. and let the cards fall. If she refused, and he got off, it's her own fault. The apology makes him look more guilty to me.. and when the settlement is announced that'll seal the deal even more.

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The apology was a condition of the charges being dropped, and "can't be used against him" in the civil case.

BUT....most, if not all, potential jurors in the civil case probably heard his "apology" and as the saying goes, you can't unring a bell. I doubt the civil case ever goes to trial - there's got to be a framework in place for a settlement. I think she just wants to "get on with her life" with a few bucks in her pocket at this point, at least that's how it looks from the outside.

This article pretty much sums it all up,

 

The critical element in the dismissal of the Kobe Bryant rape case was his apology to the accuser - an apology that relieved him of criminal liability and gave her no ammunition for a civil case.

 

Not long after questioning showed that many prospective jurors believed Bryant was innocent, negotiations to end the case began. They revolved around what Bryant's apology to the accuser would say and what its implications would be for the criminal and civil cases against Bryant.

 

Meanwhile, the prosecution was facing another difficulty: a scathing motion in which defense attorney Pamela Mackey accused the prosecution of withholding key testimony.

 

In that testimony, Dr. Michael Baden, former chief medical examiner for New York City, said it was impossible for him to tell whether Bryant's 20-year-old accuser had been raped.

 

Baden had given that testimony to prosecutors months ago. But the prosecution, which had originally decided to call Baden to testify and then dropped the idea, didn't disclose Baden's findings to the defense.

 

Not until Aug. 27 did Mackey find out about Baden's opinions. She filed a motion Tuesday to have the case dismissed, which was publicly released early Wednesday.

 

By then, Eagle County District Attorney Mark Hurlbert knew Bryant's accuser did not want to continue with the case.

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