DEFENSE STAKES OUT STRATEGY EXPERTS: LAWYERS READY TO ARGUE SEX WAS CONSENSUAL.

Byline: Ramona Shelburne Staff Writer

Kobe Bryant and his high-powered defense team left little doubt as to the strategy they will employ when his felony sexual-assault trial begins in an Eagle County, Colo., courtroom.

Legal experts said Bryant's admission of a sexual encounter with a 19-year-old woman in a hotel room June 30 was an attempt to repair his image and a clear indication the defense's strategy will be to show the incident was consensual.

Bryant's emotional news conference Friday at Staples Center might have inspired sympathy, which could work in his favor in the court of public opinion. However, the experts said his courtroom trial probably will hinge on the strength of the physical evidence investigators collected immediately after the alleged assault.

``Until we know what that evidence is, it's he said, she said,'' said Laurie Levenson, a former federal prosecutor and a professor of criminal law at Loyola Law School in Los Angeles.

Evidence could include injuries to either Bryant or the alleged victim, torn clothing, damage to the hotel room or witness accounts from the hotel, experts said.

Also important is how quickly the alleged victim reported the incident and the consistency of statements made by her and Bryant.

If the evidence against Bryant is strong, Levenson said, his legal team might advise him to accept a plea bargain because the sentence for felony sexual assault is four years to life in Colorado.

``The burden of proof is very high in this case. The prosecution has to show, beyond a reasonable doubt, which is 98 to 99 percent, that the sex was not consensual,'' said Encino defense attorney James E. Blatt, who has represented such high-profile clients as USC football player Willie McGinest and Max Factor heir Andrew Luster in sexual-assault trials.

``My gut reaction to this is that it's a typical case of buyer's remorse with a celebrity. This isn't unusual when a star is involved.''

Levenson disagreed, saying Eagle County District Attorney Mark Hurlbert, who has studied the evidence for nearly two weeks, would not have gone forward with the charges unless he had strong physical evidence to support his case.

``We're not just talking about Kobe's sperm,'' Levenson said. ``I think (Hurlbert) is fully aware of how much the spotlight will be on this case and that he better have some good evidence to go forward.''

Bryant's attorney, Pamela Mackey, who defended Colorado Avalanche goalie Patrick Roy in a domestic-violence case involving Roy's wife that was later dismissed, argued the evidence in Bryant's case ``does not support the charges'' that were filed against him Friday.

Mackey and partner Harold Haddon, who represented John and Patricia Ramsey after the killing of their daughter Jon Benet, declined to comment on the credibility of Bryant's accuser. However, Levenson warned ``her life will soon be an open book'' as the trial nears and her credibility will be a significant factor in the eyes of the jury.

Blatt said the defense probably will try to discredit the woman's character by portraying her as an aspiring singer who tried out for the television series ``American Idol'' last fall and was attracted to Bryant's celebrity.

But because of Colorado's Rape Shield Law, the woman's sexual history might not be admissable at the trial.

``The sad thing is, in cases like this, the victim inevitably ends up getting trashed,'' Levenson said. ``It's not the victim on trial, and only a limited amount of information should be admitted. But the defense will definitely try to attack her credibility because it will come down to which story the jury believes.''

Bryant's credibility, of course, is as close to impeccable as any professional athlete's. With the admission of adultery, that image has already taken a hit.

``There will be two trials in this case, one in the courtroom and one outside of it,'' Levenson said. ``Kobe spoke tonight because he does not want to appear to be tacitly agreeing with what the prosecutors accused him of today. ...

``He's trying to regain the underdog position and say that this is an issue of sin and forgiveness, not a crime. ... I think he's learned a lot from Bill Clinton in that it's better to fess up to things and cast them in the most favorable light. It's better to be a cad than a rapist.''

Ramona Shelburne, [phone]

ramona.shelburne(at)dailynews.com

Bryant charged with sexual assault

Los Angeles Lakers star Kobe Bryant was charged Friday with sexually assaulting a 19-year-old woman in a case bound to tarnish the career of one of the NBA'S superstars. A chronology of events in the investigation:

--June 30: Bryant arrives at the Lodge & Spa at Cordillera near Edwards, Colo., after 10 p.m., for knee surgery at Steadman Hawkins Clinic in Vail.

--July 1: A 19-year-old front desk employee tells Eagle County Sheriff's Department that Bryant sexually assaulted her. Bryant undergoes surgery at Steadman Hawkins.

--July 2: Sheriff's deputies take Bryant to a hospital for undisclosed tests.

--July 4: Sheriff Joe Hoy issues an arrest warrant for Bryant, who has since returned to California. Bryant flies back to Eagle County, surrenders and is released after posting $25,000 bond.

--July 6: Bryant's arrest is made public. Hoy refuses to release booking photo.

--July 7: District Attorney Mark Hurlbert says it may take several days before he decides whether to file charges.

--July 11: Under media pressure, Hoy releases booking photo.

--July 17: The Vail Daily newspaper asks judge to order Eagle police to release two reports relating to the alleged victim from a month before the alleged assault.

--July 18: Bryant is charged with sexual assault and could face four years to life in prison if convicted.

SOURCE: Associated Press

CAPTION(S):

3 photos, box

Photo:

(1) ``I am here ... furious at myself, disgusted at myself for making a mistake of adultery.'' - Kobe Bryant

(2) Kobe Bryant's legal team of Hal Haddon and Pamela Mackey answer questions at Friday's news conference.

Gus Ruelas/Staff Photographer

(3) Bryant

Box:

Bryant charged with sexual assault (see text)