Return to Transcripts main page

CNN Live Today

Interview With Harvey Levin

Aired October 08, 2003 - 11:51   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.


(BEGIN VIDEO CLIP)
KOBE BRYANT, L.A. LAKERS: In this environment, in this world, people think a seventh game is pressure. Kidding me?

QUESTION: Are you scared?

BRYANT: Terrified. It's like a roller coaster. You have your good days. You have your bad days. At home you have your worse days. Then other days are great. It's tough. Sometimes it doesn't seems like there's light at the end of the tunnel. The you just, you pray, you have faith and next thing you know the light is brighter than ever.

(END VIDEO CLIP)

DARYN KAGAN, CNN ANCHOR: That's Kobe Bryant speaking out from Lakers Camp in Hawaii about the pressure of the sexual assault charge against him. The Lakers star is scheduled to appear in a Colorado court room for a preliminary hearing tomorrow. Joining us to talk about the case and Bryant is "Celebrity Justice" executive producer Harvey Levin. We have Harvey on the phone today. Harvey, good morning.

HARVEY LEVIN, "CELEBRITY JUSTICE": Hi, Daryn.

KAGAN: Let's talk about what's going to happen in Colorado. It's possible Kobe Bryant's people could say, thanks but no thanks, we're going to skip this stage?

LEVIN: You know, I think -- my hunch is that's going happen. There's no percentage in them going through with this thing. They're not going to be able to cross-examine the accuser on the stand and poke holes in her testimony. It's almost certain the judge will hold him over for trial. That almost always happens.

So, they really don't gain anything and what they lose is a lot of people are going to hear about the evidence long before the trial happens and that's bad PR for Kobe. So my bet is it's not going to happen.

KAGAN: In terms of what we would see tomorrow, not much because there's no cameras in the court room.

LEVIN: No cameras in the court room. It could be interesting if they do open it up. The detective on the case who interviewed the accuser will testify. We know the prosecution wants to play a videotape of the accuser's version of what happened. And that would certainly be interesting.

But again, I just don't think there's much in it for Kobe Bryant to have that happen. It could, but they'll decide that at the very last minute tomorrow, Daryn.

KAGAN: So when you skip that, if you skip that, when would that make the trial happen?

LEVIN: It's unclear. They're still going have to set a date for the trial. There may be motions. There may be wheeling and dealing behind the scenes. It could happen in a couple months, it could happen longer. That's just going to depend.

The one thing I can tell you is I do not believe that the judge is going to pay any mind to the basketball season and delay this trial because of it. I don't think that's going to happen at all.

KAGAN: Don't they know the huge trades the Lakers made this year?

LEVIN: You're funny!

KAGAN: I guess they don't care about...

(CROSSTALK)

KAGAN: Apparently not. OK, I know this is a very serious case. A young woman's life does hang in the balance here.

LEVIN: And Kobe's as well.

KAGAN: And Kobe's as well. And what he faces if convicted, no wonder he's terrified.

LEVIN: Well I have to tell you we did some checking on what happens to people who are convicted -- people convicted of this type of crime. And in Colorado it is serious, serious business. And prison time is not just a possibility. It seems like it's, at the very least a probability.

So there is a lot at stake in this case. And it makes me think, Daryn, that a plea bargain is just not in the cards here. I think both sides have dug in and it seems to me that this case is going to play out in trial.

KAGAN: Because the only way the prosecution would go for a plea bargain would be to involve prison time?

LEVIN: Well, yes. He's not going to do that. If they don't go for that, they're going diminish what they started from the get go. Seems both sides have dug in on this case and I don't think Kobe Bryant is going to ruin his career and...

KAGAN: And his life. LEVIN: ... and his life. And you know what? The accuser in this case clearly has some problems in terms of her past. Whether that should or should not play into it, juries consider it. And I think he'd gamble for it. I think this is going to eventually go to trial.

KAGAN: How much of the accuser will be on trial, if and when this does go to trial? How does that work? How much will the jury be able to know about the past problems and challenges of this accuser?

LEVIN: We know at least at this stage that the judge has been slow to allow any of that in. But, I can tell you that there are all sorts of ways in trials like this where the accuser is on trial as much as the accused. I mean, they're going to go into her story. We know the story she told has varied slightly from person to person. They're going to go after that.

KAGAN: How do you know that?

LEVIN: Because we've talked to people in Eagle without being specific. And I know that her story has changed somewhat. I can't tell you the degree that it's changed but it has varied somewhat.

And you know what, Daryn? It's not surprising. When people tell a story today, it's going to be a little bit different probably in three months, just because, first of all there are a lot of press accounts of this thing. People's memories change. So it's not unusual that would happen. We know that it did happen to some extent. And the question is how much will the defense exploit it?

KAGAN: And so if and when this does go to trial, this young woman will have to take the stand?

LEVIN: She absolutely will take the stand. We are told, she's willing, ready to take the stand. But it won't happen in the preliminary hearing. But this is going to be -- I'm sure you'll remember Clarence Thomas and Anita Hill. It's not that dissimilar to that. Ultimately the fate of this case and the people in it will be determined by the people who take the stand.

KAGAN: Just to be clear that was a completely different. That was sexual harassment. This is sexual assault in a hotel room. Far more serious charge.

LEVIN: Far more serious. The point I'm getting at is, he said/she said.

KAGAN: Got you on that one. Numbers I'm seeing, four years to life if he's convicted?

LEVIN: Yes. There are plenty of people in Colorado who have been conflicted of something similar who are doing hard, hard time. So this is as serious as it gets. It really is. Again making me think that a plea bargain isn't going to happen.

KAGAN: Would you expect Kobe Bryant to take the stand? LEVIN: Absolutely. He has to. He's already on record saying something. It's funny because the prosecution has said that the -- Kobe Bryant's story in many ways corroborates what the accuser said. The issue I'm sure is going to be the issue of force. And that's really what creates the sexual assault charge. And there they will differ. But absolutely Kobe Bryant will take the stand, as will the accuser.

Now, one of the key people in this case is Bobby Peterack (ph), who is the bell boy that this woman first went to after this alleged incident. And, you know, he could be the deal breaker on one side or the other here. He's a real credible kid, so people tell us. And I think he could end up being the key witness in the case.

KAGAN: All right. We'll be tracking it, as will "Celebrity Justice." Harvey, thank you for that.

LEVIN: Good talking to you.

KAGAN: Good to have you with us.

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 October 8, 2003 - 11:51   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
KOBE BRYANT, L.A. LAKERS: In this environment, in this world, people think a seventh game is pressure. Kidding me?

QUESTION: Are you scared?

BRYANT: Terrified. It's like a roller coaster. You have your good days. You have your bad days. At home you have your worse days. Then other days are great. It's tough. Sometimes it doesn't seems like there's light at the end of the tunnel. The you just, you pray, you have faith and next thing you know the light is brighter than ever.

(END VIDEO CLIP)

DARYN KAGAN, CNN ANCHOR: That's Kobe Bryant speaking out from Lakers Camp in Hawaii about the pressure of the sexual assault charge against him. The Lakers star is scheduled to appear in a Colorado court room for a preliminary hearing tomorrow. Joining us to talk about the case and Bryant is "Celebrity Justice" executive producer Harvey Levin. We have Harvey on the phone today. Harvey, good morning.

HARVEY LEVIN, "CELEBRITY JUSTICE": Hi, Daryn.

KAGAN: Let's talk about what's going to happen in Colorado. It's possible Kobe Bryant's people could say, thanks but no thanks, we're going to skip this stage?

LEVIN: You know, I think -- my hunch is that's going happen. There's no percentage in them going through with this thing. They're not going to be able to cross-examine the accuser on the stand and poke holes in her testimony. It's almost certain the judge will hold him over for trial. That almost always happens.

So, they really don't gain anything and what they lose is a lot of people are going to hear about the evidence long before the trial happens and that's bad PR for Kobe. So my bet is it's not going to happen.

KAGAN: In terms of what we would see tomorrow, not much because there's no cameras in the court room.

LEVIN: No cameras in the court room. It could be interesting if they do open it up. The detective on the case who interviewed the accuser will testify. We know the prosecution wants to play a videotape of the accuser's version of what happened. And that would certainly be interesting.

But again, I just don't think there's much in it for Kobe Bryant to have that happen. It could, but they'll decide that at the very last minute tomorrow, Daryn.

KAGAN: So when you skip that, if you skip that, when would that make the trial happen?

LEVIN: It's unclear. They're still going have to set a date for the trial. There may be motions. There may be wheeling and dealing behind the scenes. It could happen in a couple months, it could happen longer. That's just going to depend.

The one thing I can tell you is I do not believe that the judge is going to pay any mind to the basketball season and delay this trial because of it. I don't think that's going to happen at all.

KAGAN: Don't they know the huge trades the Lakers made this year?

LEVIN: You're funny!

KAGAN: I guess they don't care about...

(CROSSTALK)

KAGAN: Apparently not. OK, I know this is a very serious case. A young woman's life does hang in the balance here.

LEVIN: And Kobe's as well.

KAGAN: And Kobe's as well. And what he faces if convicted, no wonder he's terrified.

LEVIN: Well I have to tell you we did some checking on what happens to people who are convicted -- people convicted of this type of crime. And in Colorado it is serious, serious business. And prison time is not just a possibility. It seems like it's, at the very least a probability.

So there is a lot at stake in this case. And it makes me think, Daryn, that a plea bargain is just not in the cards here. I think both sides have dug in and it seems to me that this case is going to play out in trial.

KAGAN: Because the only way the prosecution would go for a plea bargain would be to involve prison time?

LEVIN: Well, yes. He's not going to do that. If they don't go for that, they're going diminish what they started from the get go. Seems both sides have dug in on this case and I don't think Kobe Bryant is going to ruin his career and...

KAGAN: And his life. LEVIN: ... and his life. And you know what? The accuser in this case clearly has some problems in terms of her past. Whether that should or should not play into it, juries consider it. And I think he'd gamble for it. I think this is going to eventually go to trial.

KAGAN: How much of the accuser will be on trial, if and when this does go to trial? How does that work? How much will the jury be able to know about the past problems and challenges of this accuser?

LEVIN: We know at least at this stage that the judge has been slow to allow any of that in. But, I can tell you that there are all sorts of ways in trials like this where the accuser is on trial as much as the accused. I mean, they're going to go into her story. We know the story she told has varied slightly from person to person. They're going to go after that.

KAGAN: How do you know that?

LEVIN: Because we've talked to people in Eagle without being specific. And I know that her story has changed somewhat. I can't tell you the degree that it's changed but it has varied somewhat.

And you know what, Daryn? It's not surprising. When people tell a story today, it's going to be a little bit different probably in three months, just because, first of all there are a lot of press accounts of this thing. People's memories change. So it's not unusual that would happen. We know that it did happen to some extent. And the question is how much will the defense exploit it?

KAGAN: And so if and when this does go to trial, this young woman will have to take the stand?

LEVIN: She absolutely will take the stand. We are told, she's willing, ready to take the stand. But it won't happen in the preliminary hearing. But this is going to be -- I'm sure you'll remember Clarence Thomas and Anita Hill. It's not that dissimilar to that. Ultimately the fate of this case and the people in it will be determined by the people who take the stand.

KAGAN: Just to be clear that was a completely different. That was sexual harassment. This is sexual assault in a hotel room. Far more serious charge.

LEVIN: Far more serious. The point I'm getting at is, he said/she said.

KAGAN: Got you on that one. Numbers I'm seeing, four years to life if he's convicted?

LEVIN: Yes. There are plenty of people in Colorado who have been conflicted of something similar who are doing hard, hard time. So this is as serious as it gets. It really is. Again making me think that a plea bargain isn't going to happen.

KAGAN: Would you expect Kobe Bryant to take the stand? LEVIN: Absolutely. He has to. He's already on record saying something. It's funny because the prosecution has said that the -- Kobe Bryant's story in many ways corroborates what the accuser said. The issue I'm sure is going to be the issue of force. And that's really what creates the sexual assault charge. And there they will differ. But absolutely Kobe Bryant will take the stand, as will the accuser.

Now, one of the key people in this case is Bobby Peterack (ph), who is the bell boy that this woman first went to after this alleged incident. And, you know, he could be the deal breaker on one side or the other here. He's a real credible kid, so people tell us. And I think he could end up being the key witness in the case.

KAGAN: All right. We'll be tracking it, as will "Celebrity Justice." Harvey, thank you for that.

LEVIN: Good talking to you.

KAGAN: Good to have you with us.

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