KOBE BRYANT CASE Victim's text messages sought as evidence



The judge has not ruled on whether the victim's sexual history can be introduced.
EAGLE, Colo. (AP) -- Lawyers for Kobe Bryant want the judge in his sexual assault trial to allow cell phone text messages between the NBA player's alleged victim, her former boyfriend and a third person to be introduced as evidence.
The messages were sent hours after the woman's encounter with the Los Angeles Lakers' guard last summer.
Defense lawyers also want to give the jury information about money the woman received from a crime victims' compensation program. Bryant's attorneys have suggested the woman received unusually large amounts from a board appointed by the district attorney as an incentive to continue participating in the case.
District Judge Terry Ruckriegle was scheduled to hear arguments on both requests today behind closed doors. An open hearing is also scheduled to deal largely with peripheral issues.
Sexual history issue
Meanwhile, with less than six weeks before jury selection begins, the judge still must decide whether the alleged victim's sex life can be used against her.
Ruckriegle has already said attorneys for Bryant cannot have access to the woman's medical records -- though they can question friends and relatives on that topic -- and that prosecutors will be allowed to use Bryant's recorded statements to investigators and some clothes he gave them.
But Ruckriegle has not yet decided whether the woman's sexual activities are relevant to the case. The defense wants to argue to the jury that she had sex with at least one other man in the days surrounding her encounter with Bryant and that another man could have caused injuries found on her during a hospital examination.
Prosecutors and the woman's attorney have argued the information is irrelevant to the question of whether she consented to sex with Bryant.
"For the defense, it's going to be a critical linchpin to their defense, and I'm assuming they're sitting on pins and needles awaiting that ruling. And I'm assuming for the prosecution as well," said Denver defense attorney Lisa Wayne.
Bryant has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the then-19-year-old woman at the Vail-area resort where she worked. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
The judge's ruling will significantly affect trial strategy and witness lists for both sides, Wayne said. More than a dozen acquaintances of the woman have testified in closed hearings as Ruckriegle weighs his decision.
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