http://sports.espn.go.com/nba/news/story?id=1840008 DENVER -- The judge in the Kobe Bryant sexual assault case on Wednesday barred evidence from a medical exam performed on the NBA star, saying investigators didn't have the proper court order to take him to the hospital in the middle of the night. District Judge Terry Ruckriegle also extended what he called a "plea negotiation deadline" until next Tuesday because of his order. After-hours calls left with the Denver-based defense team were not immediately returned. It is believed to be the first time the judge has publicly broached the possibility of a plea deal but legal experts believe it was just a formality. The judge did deny a defense request to throw out a 75-minute interview of Bryant by detectives and evidence including a T-shirt stained with the alleged victim's blood. Bryant's attorneys said the material was gathered while he was illegally in custody, but the judge disagreed. Ruckriegle said Bryant willingly talked to the detectives and gave them some of his clothing. "There was no evidence of any coercion or undue influence put upon Mr. Bryant to either speak to them or to provide the items from his room," Ruckriegle said. The ruling was welcomed by prosecutors. "We're pleased with the ruling and we consider it an important ruling," prosecution spokeswoman Krista Flannigan said. Bryant, 25, has pleaded not guilty to felony sexual assault and faces an Aug. 27 trial. He has said he had consensual sex with a front desk worker, now 20, at the Vail-area resort where she worked last summer. The tape recorder used to secretly tape the interview was placed in the front shirt pocket of one of the detectives. According to Ruckriegle's ruling, much of the tape is inaudible with clicking noises being be heard at times 11 sound gaps in the recording. "The tape recording demonstrates that Mr. Bryant did not become truly upset until such time that the detectives advised him that they had a court order to conduct the sexual assault examination," Ruckriegle said. Craig Silverman, a defense attorney and former prosecutor, said the overall ruling is a victory for the prosecution but its significance depends on what Bryant told investigators. "If he lied about having sex, prosecutors could say that's incriminating but the defense could say that's a statement you'd expect from a married man," Silverman said. Defense attorney Scott Robinson agreed. "It's a blow to the defense but it only matters to the extent that statement is significant," he said. If convicted, Bryant faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000. Prosecutors had argued in favor of submitting the medical exam and the rest of the evidence, saying that it was collected with Bryant's consent the night after the alleged attack. During a hearing in February, lead investigator Doug Winters acknowledged that Bryant was subjected to a hospital examination in violation of Colorado court rules. Winters and his partner had obtained a type of court order for "non-testimonial evidence", which usually involves taking samples of hair and fibers or fingerprints. It must be executed during daylight hours to prevent the government from unnecessarily invading the privacy of citizens. Bryant's exam was performed before dawn at a Glenwood Springs hospital. The exact results have not been disclosed as Ruckriegle held hearings to determine whether the material will be admitted as evidence. Bryant's attorneys have long criticized the Eagle County sheriff's office for its investigation, saying Winters and investigator Dan Loya improperly questioned Bryant and botched the execution of a court order to gather evidence last July. Loya also taped Bryant's statements with a miniature recorder in his shirt pocket. Legal experts had predicted the judge would not throw out Bryant's statements and the physical evidence because there was no clear or intentional violation of a constitutional right or rule. Winters testified he never intended to arrest Bryant that night, but that he executed a court order to take the NBA star to the hospital because of an "incident" during the interview in Bryant's room. Winters didn't explain what he meant. He later admitted he had signed an investigation document indicating Bryant had been officially detained. The judge said the tape recording of the interview with Bryant did not indicate whether the NBA star consented to a hospital exam. But he said an audio expert concluded that Bryant had balked at the request. "The detective then instructed, 'I have a court order so it doesn't matter whether you consent or not,"' the judge wrote. "The court finds that Mr. Bryant was 'in custody' starting from" that moment -- and should have thus been advised of his Miranda rights. Bryant is scheduled to return to Eagle for a three-day hearing beginning July 19. -- ╔══╗ 请叫我Tim Duncan!╔══╗ ╔══╗ 咚~~~唰! ║╔╗║ ║╔╗║ο︵ 看我45度角打板!║╔︵║ ╚╩╩╝ 糟!包夹! ╚╩╩╝ ╚∕═╝ 早叫你别守了^^ ●ρ 될 ∠＼● ο ● ● 猪﹣● ● 猪 ● ξ＜猪＞ξ □∕＞ □ □ ∕﹤ □ ● ∕﹨ ● --

※ 发信站: 批踢踢实业坊(ptt.cc) ◆ From: 218.160.34.121