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Banned
Colorado law sets a relatively low standard of proof for ordering a case to trial and requires the judge to interpret evidence in a way that favors toward the prosecution.
In his nine-page ruling, Gannett said prosecutors had presented “a minimal amount of evidence,” but blood on the woman’s underwear and on Bryant’s T-shirt were evidence of “submission and force.”
He also said a statement from the woman that she was raped, which has not been introduced in open court, couldn’t be ignored.
“The court finds that the evidence, taken in a light most favorable to the prosecution, is sufficient to ‘induce a reasonable belief’ that defendant committed sexual assault as charged,” Gannett said.
Gannett’s comments on the evidence indicate he had questions about the prosecution’s case, legal analysts said.
“Judge Gannett is holding his nose while he passes this case to the next level,” said Craig Silverman, a Denver defense attorney and former prosecutor.
Judges normally don’t issue written rulings after preliminary hearings, and the fact that Gannett wrote his suggests the case is fraught with difficulties, said Scott Robinson, a Denver attorney.
It is probably gratifying to the defense that the judge has gently taken the prosecution to task for the limited amount of evidence presented, but that is probably of little solace,” he said.
“The reality is that unless there is significantly more substantial evidence available at trial, and a suitable explanation for some of the puzzling physical evidence which surfaced last week, a conviction looks like a completely unlikely scenario,” he said.
In his nine-page ruling, Gannett said prosecutors had presented “a minimal amount of evidence,” but blood on the woman’s underwear and on Bryant’s T-shirt were evidence of “submission and force.”
He also said a statement from the woman that she was raped, which has not been introduced in open court, couldn’t be ignored.
“The court finds that the evidence, taken in a light most favorable to the prosecution, is sufficient to ‘induce a reasonable belief’ that defendant committed sexual assault as charged,” Gannett said.
Gannett’s comments on the evidence indicate he had questions about the prosecution’s case, legal analysts said.
“Judge Gannett is holding his nose while he passes this case to the next level,” said Craig Silverman, a Denver defense attorney and former prosecutor.
Judges normally don’t issue written rulings after preliminary hearings, and the fact that Gannett wrote his suggests the case is fraught with difficulties, said Scott Robinson, a Denver attorney.
It is probably gratifying to the defense that the judge has gently taken the prosecution to task for the limited amount of evidence presented, but that is probably of little solace,” he said.
“The reality is that unless there is significantly more substantial evidence available at trial, and a suitable explanation for some of the puzzling physical evidence which surfaced last week, a conviction looks like a completely unlikely scenario,” he said.
i hate basketball but i hate people that blackmail and do things like that.
