Prosecutors dismiss charges against Kobe 09.1.2004
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"The decision was made after several meetings with the victim, her family and her attorney," said Hurlbert, who made the announcement during an evening press conference.
"The victim has told us that she does not want to proceed with this trial. And for this reason, and this reason only, I am dismissing this case."
The charges are reportedly being dropped with prejudice, meaning that the charges cannot be refiled at a later date.
"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did," Bryant said in a written statement. "After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter."
The surprising decision by the D.A. comes just five days before the trial was set to begin. Since last Friday, the prosecutors and defense team have been interviewing possible jury members.
"Today justice is sadly interrupted," added Hurlbert.
The alleged victim in the case was not willing to testify when the trial began. However, she did file a civil suit on August 10 against Bryant that is apparently still on track. In a civil suit, the alleged victim doesn’t have to testify.
"This decision is not made because the lack of believably in the victim," said Hurlbert.
Bryant, 26, was accused of sexually assaulting a then 19-year-old woman more than a year ago while in Colorado for surgery on his right knee. If he was convicted of the Class 3 felony, Bryant, who was forced to play virtually all of last season while traveling between Colorado and Los Angeles, could have faced penalties ranging from four years to life in prison or 20 years to life on probation.
Earlier this week, defense attorneys asked for the charges to be dropped, citing that the prosecution did not disclose evidence from a forensics expert that could have proven Bryant was innocent.
According to ABC News, the evidence was from a former New York City medical examiner, who reviewed the evidence and said that the injuries suffered by the alleged victim during the alleged incident could have been caused by consensual sex.
Bryant said all along that he was only guilty of adultery, admitting to having sexual relations with the woman. Bryant is married and has one child with his wife.