by Charlie Brennan
DENVER, Colorado, Aug 13 (AFP) - The judge in NBA star Kobe Bryant's rape case Friday dealt besieged prosecutors another severe blow by denying their bid to indefinitely delay his trial, due to start in just two weeks.
Eagle County Judge Terry Ruckriegle rejected the postponement sought by prosecution lawyers Wednesday to allow them to consolidate their case against the basketball star.
Ruckriegle dismissed the request in which prosecutors said a delay in the trial, scheduled to begin with jury selection on August 27, was needed because of a string of gaffes made by the court.
"As the people have failed to present a valid justification for continuance, this matter will proceed to trial as scheduled" in two weeks time," the judge wrote.
Bryant's defense team had earlier Friday opposed any delay in the start of their client's trial.
Prosecutors contended that they needed an indefinite postponement because their chances of getting a fair trial had been damaged by the release of information in the case, which they said could taint the jury pool.
But Ruckriegle said that a document that he was forced to release detailing previously secret pre-trial testimony about the alleged victim's sex life in the 72 hours around her June 30, 2003 encounter with Bryant would not taint the jury pool as any damaging details had been edited out.
In addition, the prosecution claimed the judge had failed to deliver rulings on a number of motions related to whether details of Bryant's accuser's mental health history and possible use of drugs and alcohol had been improperly disclosed.
But Ruckriegle nixed that argument Friday by ruling that evidence relating to the now 20-year-old woman's purported suicide attempts and drug and alcohol use will not be heard by the jury at trial.
The decision is expected to force prosecutors into a corner at a time when their case looks increasingly fragile following a revelation by the accuser's lawyers that she was reconsidering co-operating with prosecutors in the trial.
The accuser, who claimed Bryant sexually assaulted her in his room in a hotel in Edwards, Colorado, where she worked, also filed a civil suit against Bryant this week claiming 75,000 dollars in damages.
Many legal observers said the civil suit could be a major step towards the collapse of the criminal case.
A civil case has a lower standard of proof than criminal charges and, while prosecutors can legally continue with a criminal case without the victim's cooperation, it would be difficult to prove the charges.
In addition, legal experts say it is unusual for a civil action to be filed when a criminal case is still underway as it leaves the accuser open to suggestions that she is hoping to make money from the case.
Experts said the judge's insistence Friday that the trial should go ahead as scheduled could set the stage for the high-profile case against the Los Angeles Lakers star to be shelved completely.
"This ruling holds the prosecution's feet to the fire, and my guess is we're going to see a dismissal before the trial," said Dan Recht, a past president of the Colorado Criminal Defense Bar who is following the case.
"I believe the alleged victim is going to urge the prosecutor to dismiss the case, and the prosecutor is going to abide by her wishes. The reason I say that is because of the actions she and her civil attorneys have taken in the last few days."
The alleged victim's father this week wrote a scathing letter to Ruckriegle, claiming that errors by the court had devastated his daughter and hurt the cause of sexual assault victims across the country.
Lawyers representing Bryant's alleged victim, John Clune and Lin Wood, could not immediately be reached for comment on the development.
A spokeswoman for Eagle County District Attorney Mark Hurlbert offered little comment on Ruckriegle's latest ruling.
"What I can tell you is that we're still going forward August 27," said Krista Flannigan. "There are no changes in plans regarding the prosecution of this case."