Was Mackey justified in raising the question of the victims past sexual history?
Probably, although none of us will know for sure until more evidence comes out. Mackey asked the loaded question did the lead investigator in the case ask the alleged victim’s nurses whether her injuries were “consistent with someone who had sex with three different men in three days” only after prosecutors themselves suggested that Bryant had inflicted the injuries upon the woman during the rape. To the extent that it is possible that someone else might have inflicted those injuries assuming there are injuries Mackey’s question was both relevant (if Bryant didn’t cause injuries, there is less physical proof of a crime) and consistent with Colorado’s rape shield law (which allows sexual history if it goes to the question of injuries, etc.). Did Mackey have to have proof of these “other men” to ask such a question? Well, yes. If not definitive, take-it-to-bank proof, then certainly some evidence that a lawyer might reasonably rely upon to take the cross-examination in that direction. In
