Return to Transcripts main page
CNN Live Today
Potential Strategies In Kobe Bryant Case
Aired August 06, 2003 - 10:06 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.
DARYN KAGAN, CNN ANCHOR: Let's bring on our legal analyst Jeffrey Toobin. He is also in Colorado for the Kobe Bryant hearing. And he's joining us with his perspective on potential strategies that we might expect to see as the case moves forward. Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, D.K. Good day today.
DARYN KAGAN, CNN ANCHOR: Yes, I bet. It looks like a big day, a beautiful day in Colorado.
TOOBIN: Sure is.
KAGAN: Why is it important for Kobe Bryant to be there for only a 10 or 15 minute hearing?
TOOBIN: Well, I think the message that the judge wanted to send is that Kobe Bryant, to the extent it's humanly possible, should be treated like anyone else. And while it is true that sometimes defendants are excused from minor hearings like this one, he wanted to send the message and he wanted to say, Look, defendants generally attend even minor hearings. And you're just a defendant, like anyone else. So you better show up.
KAGAN: Explain to us the part how Kobe Bryant does not have to enter a plea, and do you expect him to, even though he doesn't have to?
TOOBIN: No, we don't expect him to say a word.
Basically, what happens here, under Colorado law, the case is before the county court. And at that stage, all that's being done today is the setting of a preliminary hearing, which will determine whether there is probable cause to proceed to a full trial. Here in Colorado, they say whether it's bound over to district court. Where at that point, he will be arraigned, enter a plea, and then they will set a trial date for a trial after a jury.
So all they're doing is setting the date for the hearing, where they will determine whether probable cause exists with the evidence against him and no plea is required for that part of the process.
KAGAN: A decision is coming up for this defense team on whether to go for a fast trial or to waive that right. What do you think the strategy will be for the Bryant defense?
ARRAF: Well, I think that's really the most important thing we're going to learn today, what the strategy is, because, you know, sometimes with celebrity defendants -- it was done in the O.J. Simpson case, they said we're ready to go. We want a trial as fast as possible. Let's just go. And so they could demand a hearing within 30 days and gets get it under Colorado law.
Generally the rule is defendants want to spread things out, slow things down, especially when the defendant is out on bail as Kobe Bryant is. Take time to investigate, wait, as sometimes happens, for the government's case to fall apart, for evidence to disappear, for witnesses to get cold feet.
That's what I expect to happen today is basically to show the defense looking for more time, setting the preliminary hearing more than 30 days down the road, which would start to lead to a trial in this case next year, most likely.
KAGAN: All right, well you'll be tracking it from Eagle along with our correspondents like Gary Tuchman. Thank you so much for that, Jeffrey Toobin.
TOOBIN: I'll be in the courtroom reporting back to you.
KAGAN: Oh you have one of 22 seats?
TOOBIN: I sure do.
KAGAN: Good for you. Hang on to that tightly.
TOOBIN: All right. See you, Daryn.
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 August 6, 2003 - 10:06 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Let's bring on our legal analyst Jeffrey Toobin. He is also in Colorado for the Kobe Bryant hearing. And he's joining us with his perspective on potential strategies that we might expect to see as the case moves forward. Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, D.K. Good day today.
DARYN KAGAN, CNN ANCHOR: Yes, I bet. It looks like a big day, a beautiful day in Colorado.
TOOBIN: Sure is.
KAGAN: Why is it important for Kobe Bryant to be there for only a 10 or 15 minute hearing?
TOOBIN: Well, I think the message that the judge wanted to send is that Kobe Bryant, to the extent it's humanly possible, should be treated like anyone else. And while it is true that sometimes defendants are excused from minor hearings like this one, he wanted to send the message and he wanted to say, Look, defendants generally attend even minor hearings. And you're just a defendant, like anyone else. So you better show up.
KAGAN: Explain to us the part how Kobe Bryant does not have to enter a plea, and do you expect him to, even though he doesn't have to?
TOOBIN: No, we don't expect him to say a word.
Basically, what happens here, under Colorado law, the case is before the county court. And at that stage, all that's being done today is the setting of a preliminary hearing, which will determine whether there is probable cause to proceed to a full trial. Here in Colorado, they say whether it's bound over to district court. Where at that point, he will be arraigned, enter a plea, and then they will set a trial date for a trial after a jury.
So all they're doing is setting the date for the hearing, where they will determine whether probable cause exists with the evidence against him and no plea is required for that part of the process.
KAGAN: A decision is coming up for this defense team on whether to go for a fast trial or to waive that right. What do you think the strategy will be for the Bryant defense?
ARRAF: Well, I think that's really the most important thing we're going to learn today, what the strategy is, because, you know, sometimes with celebrity defendants -- it was done in the O.J. Simpson case, they said we're ready to go. We want a trial as fast as possible. Let's just go. And so they could demand a hearing within 30 days and gets get it under Colorado law.
Generally the rule is defendants want to spread things out, slow things down, especially when the defendant is out on bail as Kobe Bryant is. Take time to investigate, wait, as sometimes happens, for the government's case to fall apart, for evidence to disappear, for witnesses to get cold feet.
That's what I expect to happen today is basically to show the defense looking for more time, setting the preliminary hearing more than 30 days down the road, which would start to lead to a trial in this case next year, most likely.
KAGAN: All right, well you'll be tracking it from Eagle along with our correspondents like Gary Tuchman. Thank you so much for that, Jeffrey Toobin.
TOOBIN: I'll be in the courtroom reporting back to you.
KAGAN: Oh you have one of 22 seats?
TOOBIN: I sure do.
KAGAN: Good for you. Hang on to that tightly.
TOOBIN: All right. See you, Daryn.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
