Sept. 2, 2004 - Los Angeles Sentinel Is Kobe Bryant
the O.J. of the Decade?
By DENNIS FREEMAN
Sentinel Staff Writer
Kobe Bryant's upcoming sexual assault trial
could drive a deeper wedge into an already deteriorating relationship
between African
Americans and white America. The national media has already dropped
the race card on the general public, making comparisons of Bryant's
trial to the infamous O.J. Simpson criminal trial nearly a decade
ago.
Like Simpson, Bryant is black. Like Simpson, the individual Bryant
is accused of victimizing is a white woman. And like Simpson
was, Bryant is wildly popular and internationally beloved.
The parallel of the two cases would seem to end there. But it
doesn't. Simpson, a Hall of Fame pro football running back, was
retired and enjoying celebrity status as an actor when he was
accused of brutally killing his ex-wife and a friend. He was
later acquitted, but now lives his life in a vacuum as a recluse.
Bryant, charged with raping a young white woman, however, is
at the peak of career. A conviction, if he is found guilty, could
give Bryant life in prison. If Bryant is found guilty of raping
the woman, there will be no multi-million dollar contracts, no
more endorsements, no more quests for greatness on the basketball
court, and no more freedom for the married father.
The common thread that weaves both Bryant and Simpson together
is the race factor. When Simpson was acquitted of the double
murders, a mostly-black jury found him innocent of the crimes.
Bryant will stand face-to-face with 12 jurors that in all likelihood
won't have a single African American sitting in the jury box.
Because of the racial overtones already attached to the case,
the implications of the verdict, when it is read, will have a
broad affect on a lot of people.
Black America will be watching. White America will be watching,
and so will a lot of other folks. And like the Simpson criminal
trial, lines will be drawn with the assumption that tension and
racial division will split America once again.
And once again, the jury will be at the center of attention.
Prospective jurors have already been the focus of unwanted attention
because of the possibility of African Americans being left out
of the jury process. Blacks constitute just a fraction of the
population in Eagle County.
So, when Bryant stand trial on Tuesday, which is the tentative
date for opening statements to begin, to answer to allegations
that he raped this woman at a Colorado resort, the Los Angeles
Lakers' superstar faces the strong possibility of not being judged
by a jury of his peers.
Instead, Bryant will probably have his road to freedom determined
by a jury that looks more like his accuser than himself. That
may not be a good thing for Bryant considering the race card
in this case has been simmering for over a year, and is now starting
to reach a boiling point.
The fact that his criminal trial is literally in the backyard
of his accuser, located in Eagle County, a town whose racial
makeup consists of a little more than 100 African Americans (0.3
percent) among its 31,000 plus population, could work against
Bryant.
So, after weeks, even months of posturing by both the defense
team and the prosecution, Bryant's fate of freedom or spending
time behind bars, will rest on the shoulders of 12 jurors. Once
they get by the screening process, in which 999 potential jurors
were sent summons, the individuals chosen to participate in the
trial, will be asked to render a decision that will either convict
Bryant or exonerate him.
Nearly three-fourths of the jury will have already made up their
minds of the guilt or innocence after opening statements have
been made, said jury consultant Marshall Hennington.
"
History has shown some 70 percent of people make up their minds
by the end of opening statements," Hennington said. "Opening
statements are the most powerful influences in the case. Everyone
has biases. Justice is subjective. The whole legal system is
built on manipulation. It's really important that you have the
right players on board."
Bryant and his defense team hope they have the right players
to play in the juror's box.
Hennington, a leading jury consultant, and considered to be the
only African American male clinical psychologist, who specializes
in this field, said it may not be entirely up to the jurors to
decide the outcome of the trial. Hennington, who has done jury
consulting on many high-profile cases, such as the Sean "P.
Diddy" Combs criminal trial, said a lot of work done by
both the prosecutors and defense before the trial begins, usually
shapes the outcome.
Pre-trial research, gathering jury information, psychological
profiling and assessment and strategic communication, are just
some of the things to be considered in trying to win a case,
Hennington said.
"
You've got lives at stake," Hennington said. "You've
got millions at stake. Trials are too important to leave in the
hands of jurors. A lot of times people don't play the game fairly.
I help attorneys win cases. I help individuals win cases, and
my firm does such a good job, we actually know the outcome of
a case before the trial. We do a number of things that by the
time of the trial we know the outcome of the case."
But the jury will nevertheless have the final say. Overlooking
racial and prejudicial attitudes will aid jurors in making "not
guilty" or "guilty" a just and fair verdict.
But to get to that conclusion, the 300 prospective jurors had
to be screened and answer the racially themed questionnaire form
to see if any racism might be detectable.
Among the 82 questions that prospective jurors had to answer
was how they felt about interracial relationships; whether they've
had any negative experience with any African American; do African
Americans deal with a great amount of discrimination, some discrimination,
and what is your opinion of professional basketball players?
Prospective jurors were also asked questions about sexual assault
and their opinions on marital infidelity,
Karen Lisko, senior litigation consultant for a Denver law firm,
said in an article that appeared in the Denver Post, certain
individuals could pose trouble for either side. Lisko said Bryant's
defense have to dismiss "pro victim in cases," "pro-prosecution," "celebrity
averse" and "racist."
After Bryant's arrest last year,
there was speculation that moving the trial to a bigger venue
like Denver would have been more advantageous. Denver, which
has well over 100,000 African
Americans living in the city, could have been the ideal place
for Bryant, in terms of prospective jurors.
Despite the lopsided racial climate where whites make up 72.4
percent of Eagle County's population, Bryant's attorneys have
decided to put their faith in the people.
The outcome is going to be painful for one side and joy for the
other, Hennington said.
"
There's going to be one winner and one loser," he said "There
are a lot of issues involved in this case. You've got race, you've
got women rights...there are a whole lot of variables. I think
that a fair trial is only a fair trial if you win."
Bryant, 26, is facing four years to life in prison, or 20 years
of probation, if found guilty. He also faces paving a $750,000
fine. Bryant said he and the accuser had consensual sex.
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