Rick Pitino Karen Sypher Trial

Information About the Trial Added Daily!

 

The much publicized trial of Karen Cunagin Sypher is finally underway after a large amount of pre-trial speculation.  Sypher is currently on trial for several extortion attempts against University of Louisville men's basketball coach Rick Pitino allegedly stemming from a series of unfortunate events following a sexual encounter between the two in 2003.  As the potentially lengthy trial progresses, the main focus stems from Sypher's supposed attempt to get over $10 million from Pitino.  Both sides, the prosecution being performed by John Kuhn, an Assistant U.S. Attorney, and the defence being represented by James Earhart, have a large amount of information to establish with the jury.  Simply from the opening statements, it is clear that both sides are not going to pull any punches.  The trial's opening statements were delivered on 7-26-2010.

Day 10: After the Trial

Of course, following any trial of this size, you have a number of interviews from star witnesses, defendants, jurors, and attorneys, and two noteables have spoken to the press, those being none other than Karen Sypher and Rick Pitino.  In statements posted on ESPN, Pitino would come out and say he's made peace with his actions, some of which will likely stick with him for a long time.

Sypher has come out to say she couldn't get a fair trial in Louisville, mainly due to the size of the city and because of the prominence of Pitino.  While her attorney did an "excellent" job, she had originally want to take the stand in her defense, but her attorney told her not to, going with the defense he did.  Many of the things she wanted to say would come out through recorded interviews with the press and other agencies.

Once again, Karen Sypher was found guilty on all counts and she will be sentenced to jail time on October 27, 2010.

Day 9: The Verdict

That's right, after roughly 5 hours of deliberation and several days of sometimes graphic testimony, the jury has returned a verdict of guilty on all counts for Karen Cunagin Sypher.  Those charges include 3 counts of extortion, 2 counts of lying to the FBI, and a count of witness intimidation in relation to a sexual encounter she had with the University of Louisville men's basketball coach Rick Pitino in an Italian restaurant in 2003.

While she has been found guilty on all counts, sentencing won't come until October 27, 2010.  She faces a maximum of 27 years in prison for all counts, but it is very likely that she will wind up serving far less due to current sentencing standards.  Her reaction in the courtroom was one of disbelief, with her only staring at the ceiling, while her son, seated in the first row and the only one of her children who attended this day, cried.

Since you can read all the back logs of the days and days of testimony, we'll save you the trouble of a lengthy recap, outside of one fact.  With the many different players in this very odd trial, many outside of Sypher will be remembered for their actions relating to this trial and everything surrounding it.  We'll bring you more information when the sentencing comes closer and any information regarding a potential appeal, which Sypher has a right to file.

 

Day 8: Closing Arguments

At around quarter after 3:0 p.m. on Wednesday, August 4, 2010, the jury was allowed out to deliberate of the fate of Karen Sypher.  Both the prosecution and defense had rested their cases earlier that day, with the defense not calling a single witness.  We'll sum up the general gist of the closing arguments while awaiting the jury to arrive at a decision.  It is likely that they will be out until at least tomorrow.

The Prosecution

The closing argument for the prosecution closely outlined the testimony and evidence and helped to reinforce the many facts they introduced.  Arguments were given by Marissa Ford.  In it, she outlined the that Sypher was only out for money, and was trying to get something for nothing.  This was why she hadn't mentioned the sexual encounter much in prior years, and that it was only once she had something to gain did the truth come to light.  The prosecution called her actions a pure "shakedown" or Pitino, which is why she should be convicted on the charges standing against her.

The Defense

Through their cross-examination and their belief that the prosecution did not fully prove guilt, the defense, through their closing argument, went on to elect another possibility, the Tim Sypher was behind the entire attempt.  This would shift the guilt away from Karen, hopefully in the mind of the jurors, leading to a verdict of innocent on all counts.  Jim Earhart would go on to reinforce the fact that;

• Sypher wasn't lying when she said she was raped;
• Was truthful about her knowledge of who made threatening phone calls to Pitino;
• She didn't lie to any government offical during the course of this case;
• That she never tried to extort anything from Pitino, and that any attempt at monetary gain was a first instigated by Pitino or someone acting on his behalf.

While this strategy may prove effective, putting on a full defense may have been a better choice.  A large amount of testimony was brought out through cross examination, but will it be enough to sway to jury into a not guilty verdict?

 

Now, in the closing days of the Karen Sypher trial, everything lies in the hands of the jury.  We'll bring you the most up-to-date information possible, including the verdict right after it's delivered.

Day 7 and 8: Both the Prosecution and the Defense Rest?

On Day 7, the prosecution drew a close to its arguments having called 20 witnesses.  Most of the testimony on Tuesday wasn't of a particularly eventful nature, but included the Louisville police officer that Sypher went to claiming the rape charge against Pitino and Federal Investigators who questioned her. The prosecution called it a wrap on Tuesday afternoon, leaving the defense to start calling witnesses on Wednesday morning.

Jim Earhart, Karen Sypher's defense attorney, would pull a very bold move and rest early Wednesday morning without calling a single witness, ending months of speculation as to weather Sypher would take the stand or not.  We should expect a verdict sometime today or early tomorrow.

Now, time to explain a little bit about the defense's strategy.  In a trial like this, it is up to the Government, the prosecution in this particular case, to prove guilt, and the defense it not required to prove innocence.  Remember the old line "Innocent until proven guilty?"  This is where that would be perfectly applicable.  Through the prosecution's witnesses and evidence, the defense obviously thought that they did not prove "beyond a shadow or a doubt" that Sypher was guilty of the charges against her.  The effective cross-examination of witnesses also had a hand in the defense's call.  Many of the main points the prosecution put forward were immediately rebutted through the cross, adding to it a feeling that the defense was already performed during the prosecution's argument.  Resting their case without putting up a defense can also convey to the jury that the defense knows they put up a weak argument, helping to influence their decision.

This can also backfire quite easily.  With the defense not putting up an argument, they leave themselves open to the jury remembering only the prosecution.  While the witnesses were often memorable, they may not have been memorable in relation to the charges at hand.  Sure, Pitino's 15 seconds will almost always be remembered, but he isn't on trial and the actual sexual act has little to do with the trial itself.  It is about extortion attempts, lying to Federal Officers, and witness intimidation.

Still, expect a verdict in the Karen Sypher trial either later today or tomorrow.  Most say, it will hit today, sometime after lunch.  We'll bring it to you as soon as it hits.

 

Day 6 (8/02/2010):  Dana Kolter and Others

In a this just in statement, four images of Karen Sypher having oral sex with her defense attorney Dana Kolter have been admitted as evidence in the trial.  The website Deadspin has posted three of the pictures that have been leaked, and all are safe for work.  The more intimate pictures have not been posted.  In trial testimony, Kolter was asked (in regards to the fourth picture) if that was his abdomen.  His response, yes.  All four images were logged into evidence and shown to the jury.

As you can already tell, the Karen Sypher trial is starting up once again after the long weekend break with the prosecution calling two more witnesses as of this afternoon.  Gracing the stands today would be Dana Kolter, Karen Sypher's divorce attorney, and an acquaintance of Sypher's by the name of Tyree Fields.  Now this is a fresh name that hasn't been mentioned in the repetitious testimony and opening statements, so it was refreshing to see someone who isn't a central player in this entire trial.  But, in order to keep with chronological accuracy, we'll begin today with Dana Kolter.

Kolter is Karen Sypher's divorce attorney who allegedly wrote the threatening letter to Pitino regarding the media coverage of the event.  The following information was brought out by the prosecution and on the cross.  His testimony actually begin late in the day Friday, so a large portion of this morning was cross.  It was established that Dana wrote one of the letters to Pitino threatening the $10 million lawsuit if all demands were not met.  On cross, it was brought out that he was the one who wrote it, but Sypher was the one who coached him through the letter.  The defense played a very nice strategy, establishing that he felt Sypher had a right to defense, otherwise he would not have represented her.

One more thing from Kolter, it was also established that the two engaged in oral sex on a routine basis.

Next on the stand would be Tyree Fields.  He would testify to meeting Sypher in late April of 2009, following her charges being brought up.  The kicker is that he would testify she said what she was doing was a mistake and a stupid decision.  This admission from Fields could not be shaken by the defense, and it stood strong in the courtroom.  Also brought out during his testimony was their sexual relationship.  The two almost immediately began having a sexual relationship following their meeting.  Fields worked as a basketball recruiter for the University of Louisville for a short period of time.

For those keeping tabs, four men have now admitted to having a sexual relationship with Karen Sypher.  Pitino, who was before her marriage, Tim Sypher, who she was married to, and now Tyree Fields and Dana Kolter, both of which occurred while Karen Sypher was still legally married (potentially separated for certain instances).

Day 5 (7/30/2010): More Testimony

The main focus in court today, at least as it has been revealed by this point in time, was Tim Sypher.  According to sources, he was on the stand during cross examination until 2:40 p.m., making him one of the longest to take up residency on the witness stand.  During his cross examination, several factors were brought out, including the details of his marriage to Karen Sypher, the trip to Cincinnati for the abortion (the child was supposedly conceived during Sypher's sexual encounter with Pitino). and, what the main focus of the trial should be, the extortion attempts made.  It was brought out during his cross examination that he was the one who suggested that she write down her demands to give to Pitino.  The defense would consistently reinforce this since it would be of great benefit to his client.  The main point being they can prove doubt that Karen was behind the extortion attempt if someone else gave her the instructions to write down her demands and give them to Pitino.  It would also be established that it was Tim Sypher who gave the letter to Pitino and it was hinted the delivery date of the note was his idea.  Tim would also say how crazy he thought the idea was, and even how crazy he thought the client was acting.  It is hard to tell whose side the testimony helped more.  While Tim was a very valuable witness for the prosecution on direct, his statements and the relentless nature of the defense attorney could have done more harm than good.

It should be established that this trial is in regards to a supposed extortion attempt and not the sexual life of these people, which most of the media, and even the attorneys, seem to be running with more than it needs to be.  Even though this is a part of the entire whole of the case, hearing about Sypher's and Pitino's sexual encounter will hopefully be drawn to a close and the main focus of the trial can return to the charges.

Day 4: Recap

After having time to reflect about the events in court on the fourth day of the Karen Sypher trial, it does become clear about many of the strategies of the defense in the case.  Today, Rick Pitino ended his testimony with the cross examination and the redirect and Karen Sypher's ex-husband Tim Sypher took the stand, and in between were a few other witnesses to bolster the defense, including the nurse who confirmed Karen's pregnancy and the nurse who worked at the Cincinnati abortion clinic where she had the procedure performed.  Pitino's cross, as we stated earlier, was rather graphic, and it is very probable that many of these comments will stay with him for the rest of his career.

Start off with Pitino.  Most of the cross was repeating much of his testimony during direct.  The defense attempted to bring out any discrepancies in his testimony, but it stayed relatively unchanged.  Since we've already discussed Pitino, we'll go into some main points the defense raised.

• When asked why he didn't go to the police following the first extortion attempt, he said that he didn't have proof as to who it was and he was in the middle of basketball season.
• When asked why he didn't deny the rape charge, Pitino responded with the fact there is nothing to deny.
• The defense attorney took Pitino's book to the stand and asked him questions about dedication and other strong moral points in his book.
• It should be made clear, as Pitino told the defense attorney, he is not on trial, the actual trial is the U.S. vs. Karen Sypher.
• The details about the night at Porcini's were brought up and discussed again.

For the most part, Rick Pitino was considered to be a very strong witness.  Unfortunately, through his celebrity, it may be overshadowing the fact that this trial is about Karen Sypher, and this is, in fact, not the Rick Pitino Karen Sypher trial.  Some things that were brought up during his testimony were unnecessary, and I doubt his career will ever go without these comments being in the shadows.

Next on the stand were two nurses, one who confirmed Sypher was pregnant down in Louisville and one who helped her at the Cincinnati abortion clinic.  The first nurse stated that a urine test was used to determine her pregnancy and that the subsequent ultrasound revealed nothing.  The nurse from the abortion clinic stated that Karen had filled out all the forms following her 24 hour waiting period, stating clearly that no one was forcing her to do this and she was confident that it was the right decision.

Next up on the witness stand, Tim Sypher, who would fill in a number of interesting holes in the testimony thus far.  The prosecution started with their witness, bringing out how Tim and Karen had met and the early encounters between her and Pitino.  Tim was the person who took Karen to Cincinnati for the abortion, and following the procedure, the two begin dating, eventually marrying.  One interesting piece of evidence that came out during this segment of testimony was the fact that their new relationship was consummated a week after Karen had an abortion.  Tim also testified to asking for Pitino's permission to date Sypher, who would then become a prominent member in a small circle of people.  It was also brought out that Sypher had another abortion only weeks before they were married.

Then things would get more interesting.  In 2008, Karen began using the word rape quite often, sometime in front of her children, and complaining about Pitino.  One important incident would be a Christmas gift, since she did not get the same thing as other coaches wives.

Now, on the the alleged extortion.  On 2-26-2009, Tim received a text message from Pitino simply saying red alert.  Following this, the meeting between the two Syphers and Pitino was scheduled, in which Tim was told he doesn't need to come home.  At this point, Pitino winds up buying her son a car. On March 6, with Karen at the doctor, Tim visits her and she started talking about what Pitino should give her for everything.  Due to the laundry list of wants, Tim asked her to simply write it down.  Later, Tim meets Karen's son in the parking lot of a local McDonald's, and he gives Tim a sealed note for Pitino, which would be the note that is delivered to Pitino in a West Virginia hotel.  He then gives it to Pitino, saying simply that it's blackmail.

Following these events, Sypher winds up moving in with Vinnie Tatum and started working with the FBI following Pitino talking to them.  When the court adjourned for the day, there were issues as to whether or not certain recorded phone conversations made by the FBI were legally admissible as evidence.  His cross examination will be coming up on Day 5.

Day 4: Pitino Ends Testimony

University of Louisville basketball coach Rick Pitino ended his testimony today following the cross examination by the defense.  The defense was very aggressive during the testimony, taking the questions into realms that may not be appropriate for all ages.  During the cross, the defense was able to established that he did not plan on having sex with Syphe on that evening, but when it arose he didn't protest it.  It would go further into the encounter, asking about the pregnancy.  Since it was already established that a condom was not used during the sexual encounter and Pitino's earlier claims that the child was not his, the defense asked how she got pregnant if he didn't ejaculate.  Pitino responded that he did, only it was down his leg after pulling out.  His later testimony would delve into talking with his son Richard about his need to move to a new school's coaching position.

The defense would also bring out an apparent attempt by Pitino and his attorney to settle the agree through a March 2009 meeting with Sypher's attorney, where Pitino's attorney and financial advisor would offer them $500,000 as a settlement.  Pitino denies any knowledge of such a situation.

For what it's worth, Rick Pitino, considered by many to be one of the star witnesses of this trial, did very well on the stand,  Not only was his testimony believable, but he seemed rather unshaken by the nature of the conversations.

More to come about the rest of Day 4 of the Karen Sypher trial.

Day 3: Recap

As everyone now knows, the big star on day 3 of the trial was Rick Pitino, who is expected to take the stand again Thursday to be cross examined by the defense.  All witnesses on Thursday were all called to help build up the testimony of Pitino before he even took the stand, and while they were very amusing, Pitino did steal the show.  It has been remarked that Pitino's testimony was the first time he has publicly discussed his encounter with Sypher.  But enough about Pitino for now, here is the remaining cast of character who graced the witness stand on day 3 of the Karen Sypher Trial.

• Vinny Tatum:The star of the morning, the then personal assistant and current equipment manager for the University of Louisville gave his memory of the evening when Pitino had his sexual encounter with Sypher.  He confirmed that Glenn Hogan pulled up Sypher's skirt, including the fact that Sypher was wearing a white thong.  When it was only Vinny, Pitino, Sypher, and Tim Corey left in the establishment, he was given instructions regarding their leaving.  With Pitino and Sypher cozy at the bar, he felt like a third wheel and across the restaurant to await their departure, behind a brick wall.  He claims to have heard nothing, but did see Pitino and Sypher leave out the side door, waiting for over an hour before he left.  This was because he was supposed to be Pitino's designated driver for the evening.  The defense punched some holes in his testimony on cross, bringing up the tabs (over $500 in alcohol alone, with $38 being for the DD Vinny), why he didn't react when Hogan pulled up Sypher's skirt, and how he could remember Sypher and no other woman over this long period of time.  So far, Vinny is the only one to give a decent answer (or an answer at all), stating that she had a short mini skirt on.
  
  
• Jeff Stebbins: Stebbins was a member of Pitino's party during the evening in question.  While he claimed to not be a friend of Rick, he did corroborate the story about Glenn Hogan lifting Sypher's skirt in a flirting manner.
  
  
• Tim Corey: Tim owns Porcini's and is the person who left Pitino and Sypher in the establishment after closing on the night of their sexual encounter.  During his direct examination, he remember the group there on that night, Sypher being there, having her skirt flipped up by one of the men at Pitino's table, and what she was wearing.  He also stated that his reason for leaving the two there is that they were not in big rush to finished their drinks and he was tired, and how he informed the three (Tatum was also present) to leave through a side door.  It was also established that he had known Pitino since his days in Lexington, and that nothing looked out of the ordinary when he came in the next morning.  On cross, the defense fired up a similar strategy as before, asking why he could remember what Sypher wore on that particular night, but no one else.  Corey was unable to come up with an answer.

And now, it was time for Pitino.  Obviously nervous, he stumbled a little bit when taking the stand, but he would quickly calm down enough to be an effective witness.  During the first part of his testimony, he would come through and explain his memory of the evening.  He said his first meeting with Sypher was earlier in the evening when she asked if he would tell her son Happy Birthday via cell phone, which he did.  Later in the night, he bought her a drink, and Corey informed them how to leave the building once the door was locked.  At this point in time, Pitino believed that Tatum had already left, which explains a lot about Vinny's testimony.  Pitino then stated that Sypher whispered something to him, and then "opened his pant."  She asked if he had a condom because she was fertile, and saying no, she said he would have to pull out.  According to Pitino, the entire sexual experience laster around 15 seconds, with the two leaving shortly after with both remaining in a good mood for the entire ride home.

Three weeks later, Pitino would be informed by Sypher that she thought she was pregnant due to a missed period,  While he expressed doubt about the child being his, he did agree to give her $3,000 for health insurance, and worked with her future husband Tim Sypher to find a place for her to have an abortion.  Through out the six voice mails between Tim and Karen, it was clear that Pitino thought an abortion was the best choice.  All six voice mails, which were played in court,  took place over a 3 to 4 day period.

Now we come to the extortion attempt in 2009.  He claims this came about during this period of time because he had one of the best teams in the nation.  As already accounted for, he described the call from Lester, and he could tell he was from Kentucky due to his pronunciation of Cincinnati.  After this call, he contact Sypher and asks for a meeting, which is recorded and played in court.  During the conversation, rape or sexual assault were never mentioned.  Over the course of the next few weeks, Pitino agrees to give Sypher a number of things, including $10,000 (which was given to Sypher's mother), for a car for her son.  Following these apparent extortion attempts, Pitino would talk to his lawyer in Lexington and go to the Big East tournament.  He would then go to the police, the Kentucky Attorney General, and eventually, through their recommendation, the FBI.

Following his refusal to pay Sypher's demands, she goes public with her rape claim, and Pitino returns from a recruiting trip to face the acquisition.  He is never formally charged by police.  In the brief period before the accusation went public, he informed the University of Louisville and his family about what was coming.

Now, Pitino is expect to take the stand once again to face what will likely be a far more difficult cross examination.  The defense has been quite effective on cross.  The prosecution's timing was perfect though, ending the day with Pitino's testimony on direct.  This tactic leaves the jury thinking about his testimony for the rest of the day, starting fresh with cross in the morning.

More information to come as the trial progresses, and Day 4 will likely be a bombshell day in court.

 

Day 3: Continued

Marking the first instance where Pitino talked in depth regarding the sexual encounter that started this trial, Pitino wound up taking the stand today to provide certain details for the prosecution.  Along with his testimony was the testimony of Tim Coury, the owner of the restaurant where the incident took place.  Pitino would go on to state the Sypher whispered something when he got up to leave the restaurant, then unzipped his pants.  The two, according to Pitino's testimony, then had a "brief" sexual encounter and left the establishment through side door as instructed by Coury.  Additional testimony from Tatum and Pitino was designed to indicate she had already had a few drinks that evening and was very determined to meet Pitino. 

A more in-depth analysis of the events in court today will be forthcoming.

Day 3: Midday Update

After a large amount of testimony in the early morning part of the Rick Pitino Karen Sypher trial, we have been informed that Rick Pitino has arrived at court and will be testifying this afternoon against Karen Sypher.  His testimony will likely go with earlier witness Vinnie Tatum.  During Tatum's testimony, he would bring out the fact that the two never received a key to the establishment and were given instructions to leave through an exit door.  He is also quoted as saying that he heard nothing during the supposed sexual encounter, and would have responded appropriately has he heard any signs of distress.  It has also been revealed that Karen Sypher was wearing a white thong on the night of this incident, as Glen Hogan lifted her skirt on the night in question and asked something along the lines of what do you have under there.

We'll bring you another update following Pitino's testimony later this afternoon.

The Trial: Day 2

The second day of the trial would prove to be a strong day for the defense.  Like any other trial in the American legal system, it is the burden of the prosecution to prove guilt, and the defense would punch some large holes in the prosecution witnesses.  Contrary to rumors that were going through the media on Day 1, Pitino did not take the stand, and his court appearance would be pushed back for at least a day.  Here's a run down of the witnesses called, and who they helped.  Included in the testimony, a video interview of Sypher was shown in court.  The interview was made by Fox 41 following Sypher's accusation of rape against Pitino.  The 80 minute interview never saw air, and it was seen in court for the first time.  In the interview, Sypher discussed Pitinio's involvement in her abortion, the amount of personal and emotional stress it caused her, how Pitino tried to buy her things, and how she had another abortion with Tim Sypher.  It also discussed some of her meetings with Rick Pitino, and what was discussed, including how to make her life better.  From the sound of it, Sypher directly implied that many of the encounters were of Pitino's doing.

Now, on to the witnesses, many of whom would score some major points for the defense.

• Lester Goetzinger: Lester is one of the primary individuals involve in the first extortion attempt, and the prosecution would bring this out.  On direct, Lester would go into great detail regarding his involvement with Sypher, including their meeting 1994, a sporadic romantic involvement, and the lead up to the threatening phone calls.  On 2-25-2009, Sypher came to Lester's house while his wife was out of town, they talked, and she gave him oral sex.  Following this, she told him about the rape and asked if he would call Pitino for her.  He was then forced to a pay phone so the call could not be traced, Two calls were placed on that day, which was done to upset him before the Big East Basketball Tournament.  Ten days later, Lester would call again  with a more threatening message.  When confronted by the FBI, Lester was informed that Sypher, who had stopped taking his calls, had sold her out.  Here are the transcripts of those phone calls as they were presented in court.  Certain parts of the language used has been cleaned up for clarity.
  
  • First Call: Hey Rick.  Just got some info from an abortion clinic up in Cincinnati that in '03, you paid to have an abortion for a young lady that presumably you raped in the bathroom of a restaurant.  I'd kind of like to know how you feel about this and knowing that you had a baby you aborted, but also the charges of rape against you.  So I will get back with you.
  • Second Call: Yeah Rick, yeah you know you also raped the girl a second time up in her future husband's condo while he was upstairs.  Why would you do something like that?  So now I'm not out to get money, I don't want any part of that, but I just want you to do the right thing for the woman.  You need to do the right thing, that's all.
  • Third Call: Within two weeks, media will be notified of all the evidence and details of the rape.
• On cross examination, the defense would pull this witness into their benefit.  Working to downplay the relationship established by the prosecution, but also established that Lester had never asked Pitino for money, which is a key part of most extortion claims. The big question was, did Lester make the third call?  He answered yes, but couldn't remember the details.  By just looking at the transcripts, it is clear that the third conversation is highly different, and in court it could clearly be heard that there was a difference in the voice and sound quality of the recording.  Some would questions whether it was Lester or not.  The defense quickly finished questioning the witness.
  
  
• Melissa Brent: This was the only other major witness of importance during this day of testimony.  Brent was the working bartender at Porcini's the alleged night the first sexual encounter took place. During direct, the prosecution established that Brent waited on "the Boys, " a group that included Pitnio, Jeff Carmichael, Bart Adams, Glenn Hogan, Vinnie Tatum, and Reggie Theus.  Their bills were also introduced in to evidence.  She also established that Sypher was in the establishment at the time, and that when leaving, she noticed her and Pitino were very close.  She also established that when leaving, it was only Pitino, Sypher, Tatum, and the owner of the bar were the only people left in the establishment.  She also said Sypher was wearing a very short skirt and a white shirt.  Now here is where the defense scored some major points.  On cross, the defense brought out the importance of her almost ten years of service at the restaurant, asking about specific details regarding other nights she had work, not just the night in question.  Who else was at the bar that night?  What were they wearing?  Questions along these lines, that she was not able to answer.  In doing this, the defense effectively showed that Brent had her testimony rebuilt by the prosecution, destroying almost any credibility she would have in court.

Other witnesses would establish minor instances and details, but many were only for a small portion of the story or for technical testimony.  Other witnesses include an FBI agent, a representative from Sprint who explained how cell phones and voice mail work, and a waitress.  Following all the testimony of the day, court was recessed.  Future witnesses for the prosecution include Pitino, Vinnie Tatum, and others.

 

Opening Arguments: Trial Day 1

It should be known that the opening arguments are not formal testimony, nor do they present solid evidence for the judge and jury.  The main focus of an opening argument is to inform all parties involved where they will be taking the case, including a general summarization of the testimony to be given in the trial, evidence they plan on introducing, and their variation of what happened during the events in question.  There are currently six charges against Karen Sypher that include extortion, lying to federal agents, and retaliation tactics taken against Rick Pitino. 

Prosecution Opening Argument

The opening argument for the prosecution was delivered to the court first, and outlined the timeline of events that lead up to the extortion, including the alleged attempts by the defendant to extort vast sums of money from Pitino.  Everything relating to this trial began on 7-31-2003 at Porcini's restaurant in Louisville when Pitino and Sypher had a sexual encounter following the close of the eatery.  During the encounter, Vinnie Tatum, Pitino's assistant, was present in the restaurant, and his inclusion in the opening argument indicates he will likely be called as a witness during the trial to help corroborate evidence that the encounter was consensual.  Following the sexual encounter, which reportedly took place in a booth, Sypher gave Pitino a ride home and inquired about basketball tickets.

Shortly after the encounter, Sypher came to the realization that she was pregnant, which is corroborated by a paper sign on 8-21-2003 from a women's clinic indicating Sypher wanted to terminate the pregnancy.  Between the 25 and 28 of the same month, Sypher informs Pitino of the situation with Tim Sypher (her furture husband) in the upstairs of the residence.  Pitino would call days later from the Pebble Beach Golf Course to inform her the decision regarding the child was hers.  This message will be played during the trial to indicate that Pitino did not force her to have an abortion.  The abortion was performed on 8-29-2010 at a Cincinnati women's clinic.  Tim Sypher and Karen Sypher are married following the experience, and things remain relatively quite until early 2009.

In February 2009, the pair separated, and a friend of Karen's, Lester Goetzinger, leave two message for Pitino discussing the encounter 6 years earlier.  It is going to be presented that the call was made following Sypher having oral sex with the attorney.  A meeting is setup for 2-28-2009, two days after the phone message are left and responded to involving Pitino, Tim Sypher, and Karen Sypher.  Karen informs Tim she wants a separation, among other things.  A tape of this meeting will be played during the trial.

Then the claims of extortion begin.  First, on 3-6-2009, Tim Sypher delivers a letter to Pitino's hotel room while the University of Louisville is trying claim a regular season championship.  In the letter, Karen Sypher demands college and automobiles for her children, $75,000 cash, and a $3,000 monthly living allowance.  In exchange for this, she will keep his name clean.  On the 24 of the same month, Sypher's then attorney, Dana Kolter, contacts Pitino, via letter, following having oral sex with his client, telling Pitino that they need to meet to exchange money for claims against the basketball coach.  During the meeting, which takes place on the 31, they demand $3.5 million in exchange for keeping past events under wraps.  No agreement is reached.  On 4-7-2009, Pitino takes his claims to the Kentucky Attorney General, and charges are brought up against Sypher, including three counts of extortion (the first letter delivered by Sypher, the Goetzinger phone call, and the letter and meeting from Kolter), one count of retaliation against a witness, and two counts for telling lies to the Federal Bureau of Investigations. 

During the prosecution's opening argument, they have made some very strong claims, but have also included a large amount of evidence to support their claims, including recorded conversations, witnesses, and material evidence.  While this is the prosecution's version of the events surrounding this trial, the defense has various differences with a slightly similar timeline.

 

Defense Opening Argument

The side of Karen Sypher is accusing Pitino of rape and the power of Pitino himself, which Sypher's attorney blatantly claims in the beginning of his argument.  While many of the events, instances, dates, and times are similar to those of the prosecution, they will be presented again due to the minor differences which are vital to the defense.

The sexual encounter that started the entire series of events did occur on 7-31-2003 at Porcini's restaurant following the close of the business day.  While there to meet a friend about a job at the Louisville Courier Journal, Sypher was noticed by Rick Pitino, who invited her to join them at a private table.  The owner of the establishment gave Pitino the keys, since the then dwindling party was still in the establishment, and asked if he would lock up when finished.  Karen then claims she was raped by Pitino in the restaurant, followed by him demanding a ride home.  A subsequent confession to an individual, who is not named, leads her to avoid the police, doubting they would believe her claims. 

Following the discovery of her pregnancy, she contacts Pitino, who apologizes for the unfortunate incident, and highly recommended an abortion.  The exact language used will be argued, since his supposed words used could be construed as a threat.  The meeting between Karen Sypher and Rick Pitino that takes place on 8-25-2003, with Tim Sypher upstairs, allegedly ends in rape, with the abortion taking place in Cincinnati on the 29.  In the defense's opening argument, Tim Sypher apparently called Pitino to inform him everything was taken care of, including the exclusion of both their names from the paperwork filed at the women's clinic.  Tim and Karen get married following the event.

In February 2009, when the apparent extortion attempts begin, the defense is arguing the Lester is obsessed with Sypher, and that the calls and subsequent threats had nothing to do with Sypher.  She apparently does not know anything about the phone call, and Pitino and her meet to discuss how to make this situation end.  During this meeting, she drafts the letter that is considered to be extortion attempt #2.  This letter, the defense claims, is just a list of wants made at the request of Pitino to make the situation disappear.  Then, after conferring with Dana Kiolter, the attorney's suggestion is to sue Pitino for a sum of $10 million, leading to his letter to Pitino.  During their meeting several days later, amounts and sums are thrown around, apparently escalation to $500,000.  This meeting, as stated by the prosecution, does not end in an agreement.  Following this, Pitino goes to the Attorney General and has charges filed.  Pitino's attorney, Steve Pence, allegedly tries to get Sypher to sign an agree, which she refuses to do.  She is arrested, and later the trial commences.

Included in the opening argument for the defense are a number of intimidation examples, coming from both Rick Pitino and Tim Sypher, claiming she will be wearing concrete shoes and wind up in the river.  These threats, according to the defense, went from the time she discovered the pregnancy up to Christmas 2008.

These are the opening arguments as presented by the defense and the prosecution.  Both sides have already assured that this will be a messy trial, leading to a number of personal and moral questions being raised regarding both Pitino and Sypher.  The prosecution has also stated that Pitino will testify, among many others.

 

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