Extra MustardSI On CampusFantasyPhoto GalleriesSwimsuitVideoFanNationSI KidsTNT

Gentleman's agreement

Public statement indicates unusual bargain let Bryant avoid criminal trial

Updated: Thursday September 2, 2004 1:52AM
Free E-mail AlertsE-mail ThisPrint ThisSave ThisMost PopularRSS Aggregators
Judge dismisses sexual assault case vs. Bryant

The criminal case against Kobe Bryant case collapsed Wednesday as prosecutors said they had no choice but to drop the sexual assault charge because the NBA star's accuser no longer wanted to participate.

Click here for full story.

It's very likely that Kobe Bryant entered into an atypical bargain to avoid going to trial on sexual assault charges -- a plea bargain without the plea.

Based on the language of his statement, it sounds as if his lawyers worked with the alleged victim's lawyers for weeks to reach the agreement that Bryant would publicly apologize and she would refuse to testify against him.

While there's nothing illegal about this scenario, it certainly isn't how most cases are resolved. But then nothing about the Bryant case went according to form. The judge abused the alleged victim, and the prosecutor did a lousy job. Her representatives had no real choice but to try to negotiate with Bryant's lawyers, and the apology was the best deal they could get.

In all likelihood, both sides tried to settle the civil case, too, in what's known as a "global settlement," but they were unable to agree on terms. However, the statement crafted by Bryant's defense team was a work of art. It was no great admission from Bryant -- he still comes off looking like a good guy -- yet it probably saved him from a criminal trial.

As for how Bryant's public apology will affect the civil trial, it won't. Only about 1 percent of civil cases actually go to trial; 99 percent are settled. So it would be very surprising if this one ever sees a courtroom.

And if it does, Bryant's lawyers made sure that jury will never see his apology by putting in the line, "She has agreed that this statement will not be used against me in the civil case." (That sentence was a clear indication that bargaining had taken place between the two sides.)

If there is no settlement and the civil trial does proceed, it would be under very different circumstances from the criminal trial. The biggest change would be the venue -- Denver vs. tiny Eagle, Colo. The jury pool would be much larger and more diverse, as well as blissfully unaware of many of the details of the case.

It may seem as though Bryant's lawyers took a calculated risk with the public statement, but the vast majority of potential jurors won't have seen the apology, and by the time the case rolls around (probably early 2006), anyone who did see it won't remember.

Sports Illustrated legal analyst Lester Munson regularly Holds Court on sports law and business matters on SI.com.

Search