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CNN Live Today
Interview With Larry Pozner
Aired July 21, 2003 - 10:24 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.
LEON HARRIS, CNN ANCHOR: Let's talk about some more of this case right now. We're joined by defense attorney Larry Pozner who is with us in Denver this morning. Good to see you, Larry. Thanks for coming out and talking with us about...
LARRY POZNER, DEFENSE ATTORNEY: Good to see you, Leon.
HARRIS: We know that Colorado does have a rape shield law, which basically prevents anyone from discussing her sexual past or whatever in court or in public at all. But how much protection is this woman actually going to be offered by that? After looking at this report here, it seems like a lot folks maybe expecting to see her totally exposed here.
POZNER: She will not be totally exposed. There's much of her life that's irrelevant. But things that go to her credibility are central to this case and the jury will hear about them.
For instance, we are hearing now that perhaps she had a suicide attempt. If that is true, if there are facts that show that, that's clearly going to be admissible on her credibility.
The jury wants to know, why should we believe you? And for that reason, any citizen who's accused has a right to bring up issues dealing with the credibility of their accuser.
HARRIS: So right now you expect that what Kobe Bryant's lawyers are doing right now is just to come up with more information like that. You just mentioned here this possible suicide attempt. Anything that -- maybe even rumors, innuendo?
POZNER: Yes. You follow all the leads. But, Leon, you begin on defense side by finding out what is the allegation that night? What time? Who heard anything? Is there torn clothing? You say that you were overcome by force. Are there bruises, are there scratches? You begin with the crime scene and then you spread out to find out other things.
What happens in these high-profile cases is that people come forward and tell the prosecution and the defense lots of facts that neither would have heard but for the high-profile nature of the case. That's why we're now hearing friends of hers talk about potential suicide attempts.
HARRIS: Interesting. Well what do you make of the maybe physical evidence that may be involved here? If you're saying -- if you're making an accusation against someone about them physically forcing to you do something, and it's a total he said/she said situation where's there's no one else in the room, there's to be some sort of physical evidence to prove that force was used. Doesn't there have to be?
POZNER: You're exactly right, Leon. People try to call this he said/she said. No case is purely he said/she said. It always has facts or the absence of facts.
If she says that she was overcome by force, by this enormously powerful athlete, then is there any evidence? Are there cuts or bruises on him? Is her clothing torn? What pieces of clothing was she wearing? When did they come off? How did they come off? When did they get put back on? All of these are facts, not he said/she said.
So both sides are desperately trying to put together the time line second by second from the moment he got there that night until the moment the next day when she said something happened.
HARRIS: All right, Larry, I just want to advise the audience who's watching right now because as you're talking about that case, what's on the screen is something totally different. And Larry, stand by.
(INTERRUPTED BY BREAKING NEWS)
HARRIS: Now let's resume our conversation with Larry Pozner here about the Kobe Bryant case. And now -- basically now it's going to take place -- I guess the beginning of this going to be August 6 there in a courtroom in Eagle, Colorado. And once that does happen there, here's what Bryant's going be facing the in that court. (UNINTELLIGIBLE) charge against him, then bond will be set at that time.
But, Larry, what about venue change in this particular case? It's been talked about. There's so many questions about whether or not either side here actually can get a fair trial there in Eagle, Colorado. What do you think?
POZNER: Well ordinarily the prosecution wants to stay in their hometown where people know the alleged victim. Don't be concentrating on that move this early. We just can't tell, Leon.
First, a change of venue isn't as simple as raising your hand saying I want to go somewhere else. There has to be a compelling reason to believe that the accused cannot get a fair trial. And we don't have that evidence yet. The publicity is just beginning. And it's not the fact of publicity or even the quantity of publicity. It's whether the publicity so tilts the scales that the defendant cannot receive a fair trial. We're a long way from the defense wanting to make that move or needing to make that move.
HARRIS: Yes, well, most everyone who has assessed it so far has thought -- said that they think Kobe Bryant basically did a star turn over the weekend, Friday when he did have his first public statements about all this. And many had questioned whether or not a lawyer would advised him to do that, but he did. So it appears that most folks think it was a successful appearance.
Do you think there should be any more of that or do you think that should be the end of it?
POZNER: The lawyers that Kobe has hired are the kinds of lawyers that stay away from the media. And I would expect that we will not see much of Kobe Bryant or his lawyers publicly speaking.
But that's a dilemma that the media has thrust upon all defense attorneys in high-profile cases. If the accused doesn't speak out, then the media says he's hiding behind his lawyers. And when accused does speak out, they say, Look, they're choreographing media attention.
So they can't win no matter which move they make. But these are the kinds of lawyers who do not try their case in the media. They try it in the courtroom.
HARRIS: We sure appreciate your time this morning. Larry Pozner, appreciate that.
POZNER: Thank you, Leon.
HARRIS: And we'll talk with you later on down the road, no doubt. Take care.
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 21, 2003 - 10:24 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Let's talk about some more of this case right now. We're joined by defense attorney Larry Pozner who is with us in Denver this morning. Good to see you, Larry. Thanks for coming out and talking with us about...
LARRY POZNER, DEFENSE ATTORNEY: Good to see you, Leon.
HARRIS: We know that Colorado does have a rape shield law, which basically prevents anyone from discussing her sexual past or whatever in court or in public at all. But how much protection is this woman actually going to be offered by that? After looking at this report here, it seems like a lot folks maybe expecting to see her totally exposed here.
POZNER: She will not be totally exposed. There's much of her life that's irrelevant. But things that go to her credibility are central to this case and the jury will hear about them.
For instance, we are hearing now that perhaps she had a suicide attempt. If that is true, if there are facts that show that, that's clearly going to be admissible on her credibility.
The jury wants to know, why should we believe you? And for that reason, any citizen who's accused has a right to bring up issues dealing with the credibility of their accuser.
HARRIS: So right now you expect that what Kobe Bryant's lawyers are doing right now is just to come up with more information like that. You just mentioned here this possible suicide attempt. Anything that -- maybe even rumors, innuendo?
POZNER: Yes. You follow all the leads. But, Leon, you begin on defense side by finding out what is the allegation that night? What time? Who heard anything? Is there torn clothing? You say that you were overcome by force. Are there bruises, are there scratches? You begin with the crime scene and then you spread out to find out other things.
What happens in these high-profile cases is that people come forward and tell the prosecution and the defense lots of facts that neither would have heard but for the high-profile nature of the case. That's why we're now hearing friends of hers talk about potential suicide attempts.
HARRIS: Interesting. Well what do you make of the maybe physical evidence that may be involved here? If you're saying -- if you're making an accusation against someone about them physically forcing to you do something, and it's a total he said/she said situation where's there's no one else in the room, there's to be some sort of physical evidence to prove that force was used. Doesn't there have to be?
POZNER: You're exactly right, Leon. People try to call this he said/she said. No case is purely he said/she said. It always has facts or the absence of facts.
If she says that she was overcome by force, by this enormously powerful athlete, then is there any evidence? Are there cuts or bruises on him? Is her clothing torn? What pieces of clothing was she wearing? When did they come off? How did they come off? When did they get put back on? All of these are facts, not he said/she said.
So both sides are desperately trying to put together the time line second by second from the moment he got there that night until the moment the next day when she said something happened.
HARRIS: All right, Larry, I just want to advise the audience who's watching right now because as you're talking about that case, what's on the screen is something totally different. And Larry, stand by.
(INTERRUPTED BY BREAKING NEWS)
HARRIS: Now let's resume our conversation with Larry Pozner here about the Kobe Bryant case. And now -- basically now it's going to take place -- I guess the beginning of this going to be August 6 there in a courtroom in Eagle, Colorado. And once that does happen there, here's what Bryant's going be facing the in that court. (UNINTELLIGIBLE) charge against him, then bond will be set at that time.
But, Larry, what about venue change in this particular case? It's been talked about. There's so many questions about whether or not either side here actually can get a fair trial there in Eagle, Colorado. What do you think?
POZNER: Well ordinarily the prosecution wants to stay in their hometown where people know the alleged victim. Don't be concentrating on that move this early. We just can't tell, Leon.
First, a change of venue isn't as simple as raising your hand saying I want to go somewhere else. There has to be a compelling reason to believe that the accused cannot get a fair trial. And we don't have that evidence yet. The publicity is just beginning. And it's not the fact of publicity or even the quantity of publicity. It's whether the publicity so tilts the scales that the defendant cannot receive a fair trial. We're a long way from the defense wanting to make that move or needing to make that move.
HARRIS: Yes, well, most everyone who has assessed it so far has thought -- said that they think Kobe Bryant basically did a star turn over the weekend, Friday when he did have his first public statements about all this. And many had questioned whether or not a lawyer would advised him to do that, but he did. So it appears that most folks think it was a successful appearance.
Do you think there should be any more of that or do you think that should be the end of it?
POZNER: The lawyers that Kobe has hired are the kinds of lawyers that stay away from the media. And I would expect that we will not see much of Kobe Bryant or his lawyers publicly speaking.
But that's a dilemma that the media has thrust upon all defense attorneys in high-profile cases. If the accused doesn't speak out, then the media says he's hiding behind his lawyers. And when accused does speak out, they say, Look, they're choreographing media attention.
So they can't win no matter which move they make. But these are the kinds of lawyers who do not try their case in the media. They try it in the courtroom.
HARRIS: We sure appreciate your time this morning. Larry Pozner, appreciate that.
POZNER: Thank you, Leon.
HARRIS: And we'll talk with you later on down the road, no doubt. Take care.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
