Bryant’s attorneys
want DNA samples

LOS ANGELES - A former boyfriend of the woman accusing Kobe Bryant of rape fought a request from Bryant’s attorneys for a DNA sample, arguing it would violate his constitutional rights.

Bryant’s attorneys asked a judge Thursday to order the former boyfriend and a co-worker to submit the samples, saying they could prove the NBA star’s accuser lied about her sex life.

Defense attorney Hal Haddon told Judge Terry Ruckriegle that the co-worker, Bob Pietrack, has already agreed to submit a DNA sample.

But an attorney for Matt Herr, the former boyfriend, argued that his client should not be forced to cooperate.

“Whether my client had consensual sex or not with the alleged victim cannot matter,” Herr’s attorney Keith Tooley said as Bryant and the woman’s parents looked on. “My client’s DNA cannot shed any light” on the question of whether the woman consented to sex with Bryant.

Ruckriegle did not immediately rule on the request.

Bryant has pleaded not guilty to raping a 19-year-old woman at the Vail-area resort where she worked last summer, saying the two had consensual sex. If convicted, he faces four years to life in prison or 20 years to life on probation, and he could be fined up to $750,000.

The DNA samples could speak to the woman’s sexual history, which will be key if Ruckriegle allows it at trial. The defense says injuries on the woman’s body could have been caused by other sex partners in the days surrounding her June 30 encounter with Bryant.

The defense has suggested that the woman had a sexual liaison after she had sex with Bryant and before her hospital examination — a claim the woman’s attorney has vehemently denied.

District Attorney Mark Hurlbert joined Herr’s attorney in arguing against forcing the men to provide samples, saying it would violate their constitutional guarantee against unreasonable searches.

Haddon, however, argued that Bryant’s right to obtain possibly relevant evidence and avoid the possibility of life in prison outweighs Herr’s right to refuse to provide a DNA sample.

“The relevance is to whether certain witnesses testified truthfully under oath and whether they gave police correct information,” Haddon said.

Haddon said Pietrack already has agreed to turn over a sample. Pietrack is a former bellman at the resort and was the first person to see the accuser after the alleged incident. He could not immediately be located for comment.

Tests show that traces of two other men's sperm were found in her body, MSNBC-TV reported, whereas it had previously been reported that the sperm was found only in her underwear.

Bryant's defense will undoubtedly try to argue that such an occurence also is inconsistent with how a rape victim would normally act.

Also Thursday, Ruckriegle granted a defense request to force AT&T Wireless Communications Inc. to provide records of text messages sent among Herr, Bryant’s accuser and an unidentified person within hours of the alleged attack.

The prosecution also moved on the DNA front, asking for DNA samples from the accuser to be retested because they conflict with the woman's testimony, the Los Angeles Times reported.

Because of prosecution delays, Ruckriegle didn't set a court date and gave no indication that a date will be set at the next pretrial hearings, June 21-25. The last possible NBA finals game is June 20. He scolded the prosecution for missing several deadlines.

After the hearing, Bryant left for Los Angeles, where he scored 31 points to lead the Lakers to a 92-85 victory over Minnesota in a playoff game.

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