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CNN Live At Daybreak

Announcement in Kobe Bryant Case Comes Today

Aired July 18, 2003 - 06:03   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL COSTELLO, CNN ANCHOR: In Eagle, Colorado, the waiting is almost over. Prosecutors will tell the nation whether Kobe Bryant will be charged with sexual assault. The district attorney has scheduled an afternoon news conference. The operative word here is "whether," as the media fights for details sealed by the court.
To CNN's Gary Tuchman now.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT: Kobe Bryant was arrested two weeks today. Now, on this two-week anniversary of the arrest the district attorney is going to make an announcement as to whether or not he will file criminal charges against the Los Angeles Lakers star. The announcement is scheduled for 5:00 Eastern Time, 3:00 Mountain Time.

And that district attorney, Mark Hurlbert, will have to decide one of three things. One, that he's going to level criminal charges against Bryant. No. 2, if he doesn't. And the third option, which is the least likely but it's out there so we should tell it to you, it's possible he will ask a grand jury to make the decision.

The alleged victim, a 19-year-old woman who lives here in Eagle County, Colorado, graduated from high school last year, works at the hotel where Kobe Bryant was staying. He was arrested on July 4 on suspicion on sexual assault. They way it works here in Colorado, police or sheriff's officials can make an arrest based on suspicion, but it's up to the district attorney to make the decision that criminal charges should be filed.

Just two nights ago, Kobe Bryant was at the Espy awards in Los Angeles with his wife. Those are sports awards. He did not win either of the two awards he was up for, but obviously if he is charged with a criminal offense that will be the least of his disappointments.

Once again, the news conference, 5:00 Eastern Time, 3:00 Mountain Time.

This is Gary Tuchman, CNN, in Eagle County, Colorado.

(END VIDEOTAPE)

COSTELLO: Time for a little "Coffey Talk" on this case.

Live on the phone from Miami, legal analyst Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: This has taken two weeks. Has there been any indication at all as to what prosecutors might do?

COFFEY: Remarkably tight-lipped, no signals at all. The one thing we know, of course, is that the sheriff's department found enough evidence for a probable cause arrest. So, the prosecution is not writing on a totally empty slate. He has to be prepared to justify whichever decision it makes -- either to drop the case after that initial arrest or else attempt to secure a conviction in what might be largely a credibility contest involving a very popular sports superstar.

COSTELLO: Well, is that the key issue in this prosecutor's decision?

COFFEY: The key issue is going to be whether there is enough independent evidence from the local hospital perhaps, from the state crime lab testing reports, DNA, those sorts of issues, because a she said/he said trial by itself in this case doesn't seem strong enough to assure a conviction.

COSTELLO: Now talk a little bit about the alleged victim in this case. A Colorado newspaper wants police to release records of any calls to the woman's house previous to this allegation, and the court is refusing to do that. Can it do that?

COFFEY: I think at this point the court is well within its rights to protect the privacy of someone who is an alleged victim of a sexual assault.

COSTELLO: So, this isn't any special treatment because Kobe Bryant is the man charged.

COFFEY: I don't think so. With celebrity cases, there is always allegations of special treatment, and to some extent with matters of press interest, public perception, there is -- obviously are treated differently. You don't have a press conference being announced to the nation for ordinary defendants. But with respect to the actual prosecution decision in this kind of case, it's going to come down to whether there is sufficiency of evidence to obtain a conviction before a jury.

COSTELLO: Kendall Coffey live from Miami this morning.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.






Aired July 18, 2003 - 06:03   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: In Eagle, Colorado, the waiting is almost over. Prosecutors will tell the nation whether Kobe Bryant will be charged with sexual assault. The district attorney has scheduled an afternoon news conference. The operative word here is "whether," as the media fights for details sealed by the court.
To CNN's Gary Tuchman now.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT: Kobe Bryant was arrested two weeks today. Now, on this two-week anniversary of the arrest the district attorney is going to make an announcement as to whether or not he will file criminal charges against the Los Angeles Lakers star. The announcement is scheduled for 5:00 Eastern Time, 3:00 Mountain Time.

And that district attorney, Mark Hurlbert, will have to decide one of three things. One, that he's going to level criminal charges against Bryant. No. 2, if he doesn't. And the third option, which is the least likely but it's out there so we should tell it to you, it's possible he will ask a grand jury to make the decision.

The alleged victim, a 19-year-old woman who lives here in Eagle County, Colorado, graduated from high school last year, works at the hotel where Kobe Bryant was staying. He was arrested on July 4 on suspicion on sexual assault. They way it works here in Colorado, police or sheriff's officials can make an arrest based on suspicion, but it's up to the district attorney to make the decision that criminal charges should be filed.

Just two nights ago, Kobe Bryant was at the Espy awards in Los Angeles with his wife. Those are sports awards. He did not win either of the two awards he was up for, but obviously if he is charged with a criminal offense that will be the least of his disappointments.

Once again, the news conference, 5:00 Eastern Time, 3:00 Mountain Time.

This is Gary Tuchman, CNN, in Eagle County, Colorado.

(END VIDEOTAPE)

COSTELLO: Time for a little "Coffey Talk" on this case.

Live on the phone from Miami, legal analyst Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: This has taken two weeks. Has there been any indication at all as to what prosecutors might do?

COFFEY: Remarkably tight-lipped, no signals at all. The one thing we know, of course, is that the sheriff's department found enough evidence for a probable cause arrest. So, the prosecution is not writing on a totally empty slate. He has to be prepared to justify whichever decision it makes -- either to drop the case after that initial arrest or else attempt to secure a conviction in what might be largely a credibility contest involving a very popular sports superstar.

COSTELLO: Well, is that the key issue in this prosecutor's decision?

COFFEY: The key issue is going to be whether there is enough independent evidence from the local hospital perhaps, from the state crime lab testing reports, DNA, those sorts of issues, because a she said/he said trial by itself in this case doesn't seem strong enough to assure a conviction.

COSTELLO: Now talk a little bit about the alleged victim in this case. A Colorado newspaper wants police to release records of any calls to the woman's house previous to this allegation, and the court is refusing to do that. Can it do that?

COFFEY: I think at this point the court is well within its rights to protect the privacy of someone who is an alleged victim of a sexual assault.

COSTELLO: So, this isn't any special treatment because Kobe Bryant is the man charged.

COFFEY: I don't think so. With celebrity cases, there is always allegations of special treatment, and to some extent with matters of press interest, public perception, there is -- obviously are treated differently. You don't have a press conference being announced to the nation for ordinary defendants. But with respect to the actual prosecution decision in this kind of case, it's going to come down to whether there is sufficiency of evidence to obtain a conviction before a jury.

COSTELLO: Kendall Coffey live from Miami this morning.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.