Law: Bryant accuser's mental health history sought
Published September 19, 2003
Toobin has expressed admiration for these determined advocates for Bryant.
DOBBS: Gravity in that he could face as much as life in prison under Colorado law if — depending upon the charges that are ultimately brought and the penalties that could follow. There was a surprise, at least to me, in that courtroom, Jeffrey, and that was the appointment of a special investigator. What do you make of that?
TOOBIN: Well, I mean, I think this was a small example of why it pays to have extremely aggressive, competent defense attorneys. Because what they did was they took some arguably improper statements attributed to prosecutors and to the sheriff, and they said we want an investigation. We want to go forward.
Now, this is the kind of thing that goes on all the time in high-profile cases, these sorts of comments. But you know, oftentimes it's just sort of shrugged off. Here they have asked for an investigator. Now they've got one. They've got a sheriff who's going to interview everybody and talk — and find out whether there's more to investigate.
This sheriff, who's from a neighboring county, will investigate and report back to the judge. Maybe there will be a hearing about these possible violations. Maybe there won't. But the wheels are churning now. Stuff is being churned up. And that's where defense attorneys flourish, in improvising, in finding out stuff that prosecutors didn't want to disclose necessarily. And the wheels are turning now. Perhaps it will add up to nothing. But it's a start.
I feel sorry for the accuser. She is about to get hit by the legal equivalent of a Mack truck. I doubt she has the emotional strength to withstand the impact.
This entry was originally published to the weekly legal column at Silver Rights.
- Law: Bryant accuser's mental health history sought
- Published: September 19, 2003
- Type: News
- Section: Culture
- Writer: Mac Diva
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Comments
She has accused Mr. Bryant of an ugly, vicious crime, for which he faces the possibility of losing his career, and pretty much everything he has worked for in life. If you're going to do that, then you have to expect to be put up for examination yourself.
I don't know about the specifics of the preliminary hearings here, but absolutely he has a constitutional right to face his accuser at some point in this process. Period.
It may be tough or embarassing for her, but HE is the one facing a prison sentence.





I feel very sorry for the accuser. Her pain is about to get even more intense, and her life will be exposed for all to see and judge. If her story is true, she doesn't deserve this at all.
Of course, if her story is not true, then I feel even more sorry for the accused, whose life has already been exposed for all to see and judge, and whose reputation will never quite be clear of the stain of the accusation.
The defense needs access to anything truly relevant, and it sounds like these records might be helpful in determing the truth of the case, but I hope in one sense that they never become public, though I'm generally opposed to secrecy in courtrooms.
Rape and false accusations of rape are both ugly, ugly things. The fact that I'm generally inclined to believe the woman in rape cases makes me especially sad, but I don't really know any of the facts of the case, so I have sympathy for both of them.