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CNN Live At Daybreak

Coffey Talk: Kobe Bryant Case

Aired July 31, 2003 - 06:33   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: Back here in the States, the prosecution wants more time, but no go. A hearing will be held this afternoon in Colorado on the sexual assault case against L.A. Lakers star, Kobe Bryant. The focus this time will be on whether to unseal court documents, including the arrest warrant.
In the meantime, ESPN reports the case against Bryant will focus on claims Bryant and the woman did have some consensual activity of some sort, but that the sex itself was not consensual. Sources also tell ESPN the alleged victim had injuries to prove the assault, and they say prosecutors believe Bryant intentionally deceived police.

It's time for another round of "Coffey Talk" on the Kobe Bryant case. Legal analyst Kendall Coffey live on the phone for us from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: So, let's go through this ESPN-ABC News report. There was some consensual sexual contact, but apparently the woman didn't consent to the actual sex. Is this turning into a classic "he said/she said?"

COFFEY: It's getting a bit more complicated all the time for the prosecution, and one of the reasons that judges pull their hair about, leaks, is we get scraps of information, sometimes adding more confusion than clarity. But I think the law is pretty clear, and that is that even if the victim -- alleged victim initially consents to some activity, if there is later a statement that no means no, it's a crime of sexual assault if the action proceeds against the victim's will at that point.

COSTELLO: Play prosecutor for us this morning, Kendall. This ESPN report also cites this: The woman was in Bryant's room for less than a half hour, and then later Bryant gave inconsistent statements to Eagle County authorities. How would you play it in court?

COFFEY: Well, you'd certainly do what you can with the inconsistent statements. We've seen so many times that conduct that may be ambiguous in the first instance can become a lot more incriminating if it appears that somebody lies about it, because obviously lying suggests that somebody did something that was wrong, terribly wrong.

On the other hand, the defense side is going to be, well, when men cheat on their wives, they're always unable to keep their story straight. So, it's a little more complex in the usual situation, but certainly if there are lies, it's going to help the prosecution.

COSTELLO: OK, let's turn it around and play defense attorney for us. Apparently, the woman suffered physical trauma in the vaginal area.

COFFEY: Well, that is getting to be an area where the dueling medical experts are going to take center stage on what all of this means. And remember, too, there have still been some unconfirmed reports about some kind of other issues in the background of the victim. We're seeing more and more potential for dueling experts arguing different sides of what really happened. What does the physical evidence show? Is there any evidence of psychological condition?

And by the time this case gets done, it's not just going to be "he said/she said." It's going to be "they said and they said." And that could make it more difficult for a jury to sort out.

COSTELLO: OK, it's getting uglier and uglier. Is there a chance that this case won't go to trial and it will be settled out of court?

COFFEY: No. I don't see how.

COSTELLO: Why?

COFFEY: Because the alleged victim and the prosecutor have committed themselves to say that a terrible crime was committed. A prosecutor cannot, if they believe something like this happened, walk away with some form of a misdemeanor. And Kobe Bryant is fighting for his entire future. He's not going to agree to some form of a sexual assault charge. And, in fact, you end up being a sexual offender registered for the rest of your life if you do so.

This is going to be a train-wreck case. It's going to go down to the jury, and some day the jury will decide whether what she said was true or what he said is the truth.

COSTELLO: Kendall Coffey live on the phone for us from Miami. Thanks for your insights 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 31, 2003 - 06:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Back here in the States, the prosecution wants more time, but no go. A hearing will be held this afternoon in Colorado on the sexual assault case against L.A. Lakers star, Kobe Bryant. The focus this time will be on whether to unseal court documents, including the arrest warrant.
In the meantime, ESPN reports the case against Bryant will focus on claims Bryant and the woman did have some consensual activity of some sort, but that the sex itself was not consensual. Sources also tell ESPN the alleged victim had injuries to prove the assault, and they say prosecutors believe Bryant intentionally deceived police.

It's time for another round of "Coffey Talk" on the Kobe Bryant case. Legal analyst Kendall Coffey live on the phone for us from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: So, let's go through this ESPN-ABC News report. There was some consensual sexual contact, but apparently the woman didn't consent to the actual sex. Is this turning into a classic "he said/she said?"

COFFEY: It's getting a bit more complicated all the time for the prosecution, and one of the reasons that judges pull their hair about, leaks, is we get scraps of information, sometimes adding more confusion than clarity. But I think the law is pretty clear, and that is that even if the victim -- alleged victim initially consents to some activity, if there is later a statement that no means no, it's a crime of sexual assault if the action proceeds against the victim's will at that point.

COSTELLO: Play prosecutor for us this morning, Kendall. This ESPN report also cites this: The woman was in Bryant's room for less than a half hour, and then later Bryant gave inconsistent statements to Eagle County authorities. How would you play it in court?

COFFEY: Well, you'd certainly do what you can with the inconsistent statements. We've seen so many times that conduct that may be ambiguous in the first instance can become a lot more incriminating if it appears that somebody lies about it, because obviously lying suggests that somebody did something that was wrong, terribly wrong.

On the other hand, the defense side is going to be, well, when men cheat on their wives, they're always unable to keep their story straight. So, it's a little more complex in the usual situation, but certainly if there are lies, it's going to help the prosecution.

COSTELLO: OK, let's turn it around and play defense attorney for us. Apparently, the woman suffered physical trauma in the vaginal area.

COFFEY: Well, that is getting to be an area where the dueling medical experts are going to take center stage on what all of this means. And remember, too, there have still been some unconfirmed reports about some kind of other issues in the background of the victim. We're seeing more and more potential for dueling experts arguing different sides of what really happened. What does the physical evidence show? Is there any evidence of psychological condition?

And by the time this case gets done, it's not just going to be "he said/she said." It's going to be "they said and they said." And that could make it more difficult for a jury to sort out.

COSTELLO: OK, it's getting uglier and uglier. Is there a chance that this case won't go to trial and it will be settled out of court?

COFFEY: No. I don't see how.

COSTELLO: Why?

COFFEY: Because the alleged victim and the prosecutor have committed themselves to say that a terrible crime was committed. A prosecutor cannot, if they believe something like this happened, walk away with some form of a misdemeanor. And Kobe Bryant is fighting for his entire future. He's not going to agree to some form of a sexual assault charge. And, in fact, you end up being a sexual offender registered for the rest of your life if you do so.

This is going to be a train-wreck case. It's going to go down to the jury, and some day the jury will decide whether what she said was true or what he said is the truth.

COSTELLO: Kendall Coffey live on the phone for us from Miami. Thanks for your insights 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.