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| Los Angeles Lakers NBA star Kobe
Bryant walks out of the Eagle County Justice Center in Eagle,
Colorado September 1, 2004 after finishing the day's jury selection
for Bryant's trial. (Reuters) |
Basketball star Kobe Bryant, his criminal charge of raping a young
woman dismissed, faces what could be a nasty civil lawsuit, lawyers and
experts said on Thursday.
"It's not going to be a cakewalk for Kobe Bryant, but it could be a
mudslide for his accuser,"
said Denver attorney and former prosecutor Craig Silverman, who watched the
criminal case.
After weeks of speculation that the criminal charge against the
26-year-old Los Angeles Lakers player would be dropped because the case
was weak, prosecutors gave up on Wednesday in the middle of jury
selection.
District Attorney Mark Hurlbert said the accuser, who had received
death threats, did not want to testify.
A written statement from Bryant on Wednesday apologized for the pain
suffered by the woman, who was 19 at the time of the incident.
In the civil suit, Bryant's defense team will be able to delve into her sexual history as well as
reported suicide attempts and drug and alcohol abuse.
Ready to ask Bryant the tough questions will be the woman's lawyers,
John Clune and Lin Wood.
"There are risks on both sides -- digging into the past of both of the
parties," said Arthur Hellman, a professor at the University of Pittsburgh
School of Law.
"It seems to me that both parties would find it advantageous to settle
sooner rather than later," Hellman, a scholar on US federal courts, said.
The burden of proof for a plaintiff in a civil lawsuit is lower than
in criminal cases because a defendant faces money damages and not the risk
of prison.
Also, the woman's attorneys will have control over her side in the
civil suit, while the state prosecutor ran the criminal case. No matter
what, she would have to testify, Hellman said.
How much could she get?
Bryant may have recently signed a seven-year contract worth $136.4
million with the Lakers, but she should not expect to be thrown into the
super-rich category.
Colorado law caps how much she can collect, Denver trial attorney Scott
Robinson said. He puts the outside limit at $1.5 million.
Because of his prowess on
the basketball court, Bryant enjoyed lucrative endorsement contracts.
However, criminal charges tend to scare companies away.
Soccer moms are not going to buy products Bryant wants to sell if he is
too aggressive in going after the accuser, said David Carter, sports
business professor at the Marshall School of Business at the University of
Southern California.
"In order to sell product, you really have to combine a winning
personality and great athletic achievement. His athletic achievement is
held in high regard, but he's been sending a mixed message," Carter said.
"Everybody thought he was an all-around good guy."
After all the legal problems are behind him, if Bryant lives quietly
and gets in no trouble, he could be promoting items related to athletic
performance such as shoes, according to Carter.
(Agencies) | 
Updated: 2004-09-03 11:22