Kobe Team Gets Text Message Help

The judge in Kobe Bryant's sexual assault case has granted defense attorneys access to cell phone text messages made by Bryant's accuser, her former boyfriend and a third person in the hours after the alleged attack.

"The materials contain information that is relevant for discovery," state District Judge Terry Ruckriegle said in a decision released Thursday.

He also ordered Bryant's lawyers and Eagle County prosecutors to keep the messages and an accompanying letter from AT&T Wireless Communications Inc. sealed for now. Legal experts said the judge could rule later that the material is not relevant to the case.

"There's something in there," said Larry Pozner, a criminal defense attorney and past president of the Colorado Criminal Defense Bar. "It has to be something more than 'I like pizza' or the judge wouldn't rule it relevant to look at.

Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with a Vail-area resort worker in his hotel room last June 30. If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000. The accuser turns 20 on Friday.

Defense attorneys have said the messages were exchanged by Bryant's accuser; a former boyfriend, Matt Herr; and a third, unidentified party.

Defense attorney Hal Haddon has said prosecutors did not subpoena the material, part of what he contends is an "ongoing pattern and practice of failing to look for — and obstructing the defense's access to — exculpatory evidence."

The judge has said the text messages might impeach statements or testimony, making them potentially "highly relevant."

Prosecutors took no formal position on whether AT&T should turn over the text messages. Herr's attorney, Keith Tooley, argued against releasing their release, saying the defense should not be allowed to go on a "fishing expedition."

Tooley, whose office said he was out of town Thursday, did not immediately respond to e-mailed requests for comment.

Criminal cases in Europe and Asia have hinged on text message evidence, but Bryant's case appears to be among the first in the nation in which the material could play a pivotal role.

AT&T Wireless fought a defense subpoena for the records, but turned them over to Ruckriegle when he asked for them.

The company, which has said it cooperates with law enforcement, refused to discuss its policies on storing text messages.

Bryant's attorneys also hope DNA samples from Herr and a co-worker of the accuser, bellman Bob Pietrack, will prove she lied about her sexual liaisons.

Tooley argued against that motion, too, saying forcing Herr to provide DNA would violate his constitutional rights and do nothing to shed light on whether the woman consented to sex with Bryant.

The woman's sexual history could be important if the judge allows it as evidence. The defense says injuries found on her during a hospital examination could have been caused by other sexual partners in the days surrounding her encounter with Bryant.