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CNN Live At Daybreak

Preliminary Hearing in Bryant Sexual Assault Case

Aired October 09, 2003 - 06:22   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: We don't know if Kobe Bryant is in Colorado right now, but we do know he will be there some time today. There's supposed to be a preliminary hearing in his sexual assault case and with all the legal wrangling it may or may not happen as scheduled.
CNN's Eric Philips live in Eagle for whatever may occur in the case -- good morning.

ERIC PHILIPS, CNN CORRESPONDENT: Carol, good morning to you.

Training for the upcoming NBA season has already started and for a superstar like Kobe Bryant, it's a ritual. But this time something is different. This time as he hits the basketball court, he's worried about what will happen in the court of law. His case is still in its first quarter, with play advancing here today at the Eagle County Courthouse.

(BEGIN VIDEOTAPE)

PHILIPS (voice-over): At the Lakers' training camp in Hawaii, Kobe Bryant told reporters basketball plays a distant second in his life behind his family, especially in light of this charge.

KOBE BRYANT, L.A. LAKERS: And my wife and my family now, we've been dealing with this for a while now. And we're going to continue to deal with it and we're going to continue to fight through it.

PHILIPS: Bryant's fight is expected to continue today in Eagle County court. He was last at this courthouse in early August. He's charged with felony sexual assault against a 19-year-old woman who worked at this resort in Edwards, Colorado, where Bryant was a guest in late June. Bryant says the two had consensual sex.

Legal experts say during today's preliminary hearing, the judge will make at least one important decision.

LARRY POZNER, DEFENSE ATTORNEY: The judge's role is does the prosecution have any evidence that a crime may have occurred. If so, that's all I as a judge am allowed to look at.

PHILIPS: The judge says he will not rule on a motion by the defense to give them the victim's medical records, saying a district court judge should do that. Those records could speak to the victim's state of mind. While the legal maneuvering continues, Bryant is trying to remain positive. BRYANT: Sometimes it doesn't seem like there's light at the end of the tunnel, you know? But you just, you know, you pray you have faith and the next thing you know, the light is brighter than ever.

(END VIDEOTAPE)

PHILIPS: The preliminary hearing is scheduled for this afternoon and Kobe Bryant is expected to be here. But that could change. The defense could waive today's preliminary hearing, opting instead to head straight for trial. So that's yet to be seen.

We're live here in Eagle County.

I'm Eric Philips -- Carol, back to you.

COSTELLO: Eric, do you know if Kobe Bryant has arrived as of yet?

PHILIPS: We have not heard that he has arrived here in town. But then again, there's a lot about this case that we haven't heard today. And so we're all just sort of keeping an eye out, expecting him to be here, but not surprised if the defense does, in fact, decide to waive today's hearing.

COSTELLO: Even if the hearing is waived, though, doesn't he have to be in Colorado today? Isn't he required to do that?

PHILIPS: Well, Carol, he is, and then again, he isn't. He is required to be here because of his bond, his $25,000 bond has to be extended today. It's the day for it to be extended. But at the judge's discretion, he could decide to allow Kobe Bryant to handle that bit of business by phone or in writing. Again, that's up to the judge and right now we have not heard whether or not the judge is inclined to do that.

COSTELLO: All right, Eric Philips reporting live from Eagle, Colorado this morning.

Our legal analyst Kendall Coffey will have some insight on Bryant's preliminary hearing. That's coming your way in just about 30 minutes.

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 9, 2003 - 06:22   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: We don't know if Kobe Bryant is in Colorado right now, but we do know he will be there some time today. There's supposed to be a preliminary hearing in his sexual assault case and with all the legal wrangling it may or may not happen as scheduled.
CNN's Eric Philips live in Eagle for whatever may occur in the case -- good morning.

ERIC PHILIPS, CNN CORRESPONDENT: Carol, good morning to you.

Training for the upcoming NBA season has already started and for a superstar like Kobe Bryant, it's a ritual. But this time something is different. This time as he hits the basketball court, he's worried about what will happen in the court of law. His case is still in its first quarter, with play advancing here today at the Eagle County Courthouse.

(BEGIN VIDEOTAPE)

PHILIPS (voice-over): At the Lakers' training camp in Hawaii, Kobe Bryant told reporters basketball plays a distant second in his life behind his family, especially in light of this charge.

KOBE BRYANT, L.A. LAKERS: And my wife and my family now, we've been dealing with this for a while now. And we're going to continue to deal with it and we're going to continue to fight through it.

PHILIPS: Bryant's fight is expected to continue today in Eagle County court. He was last at this courthouse in early August. He's charged with felony sexual assault against a 19-year-old woman who worked at this resort in Edwards, Colorado, where Bryant was a guest in late June. Bryant says the two had consensual sex.

Legal experts say during today's preliminary hearing, the judge will make at least one important decision.

LARRY POZNER, DEFENSE ATTORNEY: The judge's role is does the prosecution have any evidence that a crime may have occurred. If so, that's all I as a judge am allowed to look at.

PHILIPS: The judge says he will not rule on a motion by the defense to give them the victim's medical records, saying a district court judge should do that. Those records could speak to the victim's state of mind. While the legal maneuvering continues, Bryant is trying to remain positive. BRYANT: Sometimes it doesn't seem like there's light at the end of the tunnel, you know? But you just, you know, you pray you have faith and the next thing you know, the light is brighter than ever.

(END VIDEOTAPE)

PHILIPS: The preliminary hearing is scheduled for this afternoon and Kobe Bryant is expected to be here. But that could change. The defense could waive today's preliminary hearing, opting instead to head straight for trial. So that's yet to be seen.

We're live here in Eagle County.

I'm Eric Philips -- Carol, back to you.

COSTELLO: Eric, do you know if Kobe Bryant has arrived as of yet?

PHILIPS: We have not heard that he has arrived here in town. But then again, there's a lot about this case that we haven't heard today. And so we're all just sort of keeping an eye out, expecting him to be here, but not surprised if the defense does, in fact, decide to waive today's hearing.

COSTELLO: Even if the hearing is waived, though, doesn't he have to be in Colorado today? Isn't he required to do that?

PHILIPS: Well, Carol, he is, and then again, he isn't. He is required to be here because of his bond, his $25,000 bond has to be extended today. It's the day for it to be extended. But at the judge's discretion, he could decide to allow Kobe Bryant to handle that bit of business by phone or in writing. Again, that's up to the judge and right now we have not heard whether or not the judge is inclined to do that.

COSTELLO: All right, Eric Philips reporting live from Eagle, Colorado this morning.

Our legal analyst Kendall Coffey will have some insight on Bryant's preliminary hearing. That's coming your way in just about 30 minutes.

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