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Judge: Bryant's accuser must be ID'd in suit
DENVER (AP) -- A federal judge on Wednesday rejected a request from the woman accusing NBA star Kobe Bryant of rape to remain anonymous, saying the public's interest in open court proceedings outweighs her desire to shield her identity.
"The parties appear as equals before the court and that fundamental principle must be protected throughout these proceedings," U.S. District Judge Richard Matsch said in a four-page decision. No trial date has been set.
Attorneys for the 20-year-old woman had asked Matsch to protect her identity, saying she has been subjected to death threats, relentless media pursuit and sordid publicity for more than a year. Attorneys for Bryant opposed the request earlier this week, saying she shouldn't be able to bring a "false accusation" without being identified.
Bryant has always insisted the encounter between the two at a Vail-area resort last summer was consensual.
An attorney for the woman, John Clune, said there were no plans to drop the civil suit, which seeks unspecified damages for what the woman says has been ridicule, pain and suffering since the incident.
"We knew this was a definite possibility and it's not a complete surprise," Clune said. "She doesn't have a problem per se with her name being out there, except as it pertains to death threats. ... Even before we filed, she was aware of that."
At least two men have been prosecuted on accusations that they either threatened to kill the woman or would kill her for money.
Prosecutors dismissed the felony sexual assault charge brought against Bryant, 26, last month after the woman said she no longer wanted to participate in a trial and not long after she filed the civil suit. Her identity has been splashed across the Internet in part because of mistakes by courthouse staff in posting case filings on a state Web site.
Clune, however, said the woman is holding up.
"She has been through so much in context of the criminal justice system," he said. "Her resolve is even stronger today than it has ever been."
Most major news organizations, including The Associated Press, have not identified the woman in keeping with long-standing practice of protecting the identity of alleged rape victims. The Rocky Mountain News, in a court filing this week, hinted that it may identify the woman once the civil trial truly gets under way.
Matsch said if he allows the woman to remain anonymous it could be misconstrued as a prejudgement in her favor.
"It is apparent that the adjudication of the plaintiff's claims by trial will require the jury to determine the credibility of the parties, and that the defendant must have a fair opportunity to confront his accuser," Matsch said. "Public confidence in the results of court proceedings require that they be open to observation."
The defense had said the woman wanted to preserve her anonymity "while exposing the intimate details of her sexual encounter with Mr. Bryant and requiring him to bear alone the burden of constant public scrutiny."
"Her anonymity, such as it is, is in the hands of the media," the defense said in its filing.
Clune said he keeps hearing that protecting the woman's identity isn't worth the effort because it can be found so easily on the Web.
"I know that. If someone wants to stalk her, they can," he said. But he said shielding her name in court proceedings would still be an extra layer of safety.
I have serious doubts that this is even going to make it to trial.