Report: Prosecutor failed to file motion <div class="quote_poster">Quote:</div><div class="quote_post">EAGLE, Colo. -- Developments in the Kobe Bryant sexual assault case have come at an almost-daily pace. But a published report in which legal experts say the prosecutor made a mistake has cast some doubt on whether Bryant's Oct. 9 preliminary hearing will even take place. According to a story in Tuesday's Los Angeles Times, District Attorney Mark Hurlbert failed to file a motion within 10 days of Bryant's initial court appearance Aug. 6, giving Bryant's attorneys the ability to waive the preliminary hearing and allow the case to proceed directly to an arraignment. If Hurlbert had filed the motion, he would have ensured a hearing at which his team would present evidence and witnesses to try to convince Eagle County Judge Frederick Gannett that Bryant might have committed the crime. If prosecutors meet that standard, the judge would order a trial in state district court. "This is where the D.A. screwed up," David Lugert, a former Eagle County deputy district attorney now in private practice, told the Times. "Now the defense can waive it and the D.A. can't do [anything] about it. All because he didn't file a little piece of paper saying he wanted a preliminary hearing, too."</div> More...
