Per the previous article:
You're right, being unprecedented made no difference whatsoever. However, the judge violated both precedence, AND legal grounds. He gave no medical justification of his interpretation, which by law, he had to. Which begets this little gem:
Perhaps that is because said bylaws were enacted ex post facto:
Clearly, that had no bearing on the case, as it wasn't enacted until almost two full years later.
I never said it was a prima facie case. I simply said the trial was a joke, by virtue of the fact that both the legal and de facto laws were both flippantly violated. The judge claimed to be protecting Bryant's right to an impartial trial by inherently violating the state law that guarantees the accuser the exact same right by way of anonymity. It also doesn't bode well for Bryant that he settled, which typically hasn't been the mark of an innocent party. Hell, her vagina was bleeding, and the defense was that it was "consistent with having multiple partners". The defense didn't even bother dismissing it as a clear-cut sign of the actus reus, , but I digress.
What 'article' are you talking about and where from is this statement;
In 2005, the Colorado Rape Shield Laws were amended to include provisions which allowed judicial authority to reveal nearly any information with respect to either accuser or defendant, deemed germane by a presiding Judge, based on an expanded criteria.
The link you provided is only one page of apparently several and bears zero reference to any statement you've quoted.
The link I provided suggests it was was update 5/1/2003. Where did you find the exceptions were ex post facto 'bylaws' (which they are 'exceptions' not 'bylaws' as that word is consistent with local or municipal ordinances) and were amended in 2005?
And OF COURSE evidence of her having sex with as many as 2 OTHER people within a 15 hour window of her 'encounter' with Kobe is relevant to evidence of her 'bleeding' ..Which from what I read wasn't 'bleeding' per se but blood consistent with minor or microscopic tearing which can happen during consensual sex. But who is responsible for the tearing if there is evidence she's had sex with 3 men in less than a day or so???? That's not evidence for a jury to consider??? It most definitely would be an explanation for trace amounts of blood and tearing being present.
BTW, here's the complete text referencing what you were trying to in your post....
http://www.columbia.edu/cu/jlsp/pdf/Spring2%202006/Haddad10.pdf
Notable gems; Another man's semen found 'on' the 'victim' and in her panties upon examination but none on the defendant. Conclusion by the expert examiner; She had sex with with another guy after Kobe but before her examination. Further, one of the defense witnesses claiming to have had sex with her between that time and 72 hrs prior wasn't the source of the semen...that's 3 (and counting?).
There are many articles about this case and it's rulings rare among them is one that supports what you say.
http://crime.about.com/od/current/a/kobe040723.htmIt is rare that an exception to the rape shield law is made to allow such evidence to come before a jury. But this ruling came after nine days of fact-finding hearings by the judge, during which the accuser did testify.
Observers believe it will not be an easy ruling to overturn on appeal, if prosecutors decide to pursue it.
Others believe a relatively weak prosecution case became a lot weaker as a result of the judge's ruling, and expect some moves to be made toward a plea-bargaining deal. In fact Judge Ruckriegle ended his eight-page ruling by extending the "plea negotiation deadline" in the case.
http://www.rechtkornfeld.com/article_rapeshield.htmlLast week, Kobe Bryant's lawyer, Pamela Mackey, ignited a firestorm of controversy at her client's preliminary hearing when, during cross-examination of Eagle County Sheriff's Detective Doug Winters, she asked whether vaginal injuries found on the alleged victim could have been caused by prior sexual activity with two other men in the days immediately before the alleged assault by Bryant.
Pundits throughout the country condemned Mackey for asking this question. Yet, the question was perfectly appropriate, clearly ethical and did not in any way violate Colorado's Rape Shield Statute.
You say laws were subsequently weakened in Colorado to allow for the judge's alleged impropriety....this says the laws were strengthened..
http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15805Two states have expanded protections for rape victims in the wake of the high-profile criminal case against Los Angeles Lakers guard Kobe Bryant in a continuing effort by states to guard accusers' identities and increase chances for successful prosecutions.
Legislators in Colorado and California this year passed laws to conceal accusers' identities from the public in sexual assault cases after Bryant's arrest brought intense pressure to learn more about his accuser.
Finally, a high profile, wealthy individual settling a case out of court may suggest guilt to you but that is a pretty simple, naive perspective.
How does it make sense for a multimillionaire with a tight schedule like that of an NBA player to spend more time and money on top of the year or so he's already spent to pursue vindication in a civil court when the court of public opinion has already spoken one way or the other?
It makes ZERO practical sense for him to have continued to drag it out at the cost of much more money than he likely settled for, continuing to drag his wife and family through it as well as his team.
Only a dummy wouldn't settle in that case IMO.