by John M. Curtis
(310) 204-8700

Copyright September 6, 2004
All Rights Reserved.

icking, by all accounts, a Borderline Personality Disorder, NBA star Kobe Bryant was both reckless and lucky, leading to his eventual exoneration Sept. 1 for felony sexual assault. The same can't be said for Eagle Country Dist. Atty. Mark Hurlbert who got seduced by one of psychiatry's most puzzling and frustrating conditions—a charming drama queen, whose relationships are marked by wildly self-destructive acts, often involving sex, drugs, violence and, yes, suicide. Though not released in court, Kobe's accuser looked like a textbook Borderline—a diagnosis well-known to psychothererapists, popularized by Glenn Close's role as Alex Forrest in the 1987 movie “Fatal Attraction.” Hurlbert played fast-and-loose deciding to file charges July 18, 2003, knowing full-well the accuser's medical history of repeated hospitalizations for substance abuse and suicidal behavior.

      Hurlbert's decision to press ahead was based on full knowledge that the accuser had someone else's semen in her body and on her panties at the time of the rape exam. He also knew before he filed charges that his own rape expert testified that the accuser's “injuries” were consistent with consensual sex. Yet knowing this, Hurlbert pounced on the opportunity for fame, filing against one of the world's best-known athletes. After all, Hurlbert knew the celebrity and fame that followed prosecutors and defense attorneys in the O.J. Simpson case. “For week, for months, you saw the flags being raised,” said former Denver prosecutor Craig Silverman, critical of Hurlbert for squandering two-hundred-and-thirty-thousand dollars. Before binding the case over for trial, Eagle County Judge Frederick Gannett expressed doubts about the state's case—yet Hurlbert ignored the warnings.

      Hurlbert deliberately concealed exculpatory evidence from Kobe's attorneys, including findings from the rape exam and his own rape expert. “Almost all the evidence permits multiple inferences” which “do not support sending the case to trial,” said Gannett, warning Hurlbert against going to trial. Hulbert thought he could keep the results of the rape exam and expert testimony under raps. He also thought he could keep exculpatory DNA findings from the media, before a court reporter “mistakenly” e-mailed transcripts of DNA experts June 24, 2004. With reciprocal discovery obligatory, Hurlbert played his cards close to the vest. He hoped that he could keep the case going while DNA experts blew the accuser's story that she didn't have sex for days before her alleged rape on June 30, 2003. Once the cat was out of the bag, Hurlbert bowed out as lead prosecutor.

      After watching Hurlbert's shenanigans, trial judge Terry Ruckriegle ruled July 23, 2004 to admit “Mr. X” evidence—the mystery man whose semen was found in and on the accuser's body. Some speculate that “Mr. X” was Cordillera Lodge bellhop Bobby Pietrack, the first person to whom she confided her “ordeal” after leaving Kobe's room. Once Ruckriegle skirted Colorado's rape shield law permitting “Mr. X” evidence, the case fell apart. Anticipating an end to the criminal case, the accuser's attorneys filed a civil lawsuit in federal court Aug. 10. When prosecutors lost their appeal to the Colorado Supreme Court Aug. 16 to uphold the rape shield law, the Eagle County DA threw in the towel. “The victim has informed us . . . that she does not want to proceed with this trial. For this reason and this reason only, the case is being dismissed,” said Hulbert, politely saving face.

      Hurlbert knew from the get-go—despite the merits of the case—that the accuser suffered from severe mental problems. He chose to ignore her psychiatric history and buy himself some fleeting fame. He calculated that Colorado's rape shield law could prevent the media from getting a close look at the accuser, whose psychiatric history undermined Hurlbert's case. Rape shield laws weren't designed to help prosecutors buffalo the court system, gain tactical advantage or, for that matter, obscure the truth. It's not rocket science to know what happened inside Kobe's hotel room. “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,” Kobe wrote in a public statement, admitting, in effect, that the “encounter” wasn't entirely consensual. Kobe's public apology suggests that a deal is in the works.

      Declaring that “today, justice is sadly interrupted,” Eagle County DA Mark Hurlbert continues to blow smoke about his failure in the Kobe Bryant Case. He deliberately withheld key information that should have stopped him from filing in the first place. Whether Hurlbert was seduced by the accuser is anyone's guess. But it's clear that he seized his chance at fame, milking the case for all its publicity. “He should be held accountable,” said Silverman, blaming Hurlbert for wasting tax dollars to advance his career. Before Eagle County returns Hurlbert for a second term, they should consider the way he manipulated the system for personal gain. He jumped at the limelight, choosing to ignore Gannett's warning that the case lacked legal merit. “Certainly I want to be cautious. It is a serious action to charge anybody with a felony,” said Hurlbert, placing ambition above his job.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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