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CNN Live At Daybreak

'Morning Coffey'

Aired October 09, 2003 - 06:53   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: The worldwide media is assembled in Eagle County today for the next step in Kobe Bryant's assault case. As you know, he's charged with felony sexual assault against a 19- year-old woman who worked at a resort. Bryant contends the two had consensual sex. There is supposed to be a preliminary hearing today. We don't know if Kobe Bryant's attorneys will waive that preliminary hearing or not.
So, let's break out the bagels and the French vanilla roast, because it's time for some Coffey talk.

We have our legal analyst Kendall Coffey live from Miami to talk more about the Kobe Bryant case.

Good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Let's talk about this preliminary hearing. A lot of people think it will be waived. Will it?

COFFEY: Well, the standard is so low that it's a foregone conclusion that Kobe Bryant can't win the hearing. So unless his defense team thinks they're going to get some significant evidence from the prosecution that they don't have already, it's going to be a one-sided prosecution show, ugly and very damaging for the reputation of Kobe Bryant. So unless they're going to see some cards that they haven't seen before, they ought to waive it.

COSTELLO: Yes, you say ugly, well, let's talk about some of the evidence that prosecutors may lay out for all the world to see in that preliminary hearing. Apparently there are photographs showing the alleged victim with bruises on her neck, among other tings?

COFFEY: And that is something that is going to be a central issue. In fact, we're reading that the prosecution may be trying to get additional funding so that it can hire a strangulation injury expert to emphasize that those kind of injuries couldn't have been an accident, couldn't have simply been somebody trying to restrain a hysterical woman, that this was the use of force to overcome a victim's consent.

COSTELLO: And also, supposedly they have this videotaped statement from the accuser that prosecutors want to show.

COFFEY: And that would be something that they would use today, if it goes forward. Kobe Bryant will not be presenting his statement. So, again, it would be a very, very damaging spectacle for Kobe Bryant if this hearing goes forward.

COSTELLO: What do you think the videotaped statement would say? I mean what would the accuser say in that statement?

COFFEY: Well, at long last we would probably get past the leak factories and rumor mills and hear what she actually says happened, the basic details of the encounter. We've all read all kinds of articles about what may be in there. But she's going to describe, I think, a situation that, in her view, clearly involved the use of force against her will that constituted rape.

COSTELLO: You know, this all sounds so damaging to Kobe Bryant's case. He even said he was afraid. He also has a new tattoo of his wife on his arm. I mean is this showing his true love for his wife or is this something that may help him somehow in the case?

COFFEY: Well, he's got a beautiful wife. He's going to stand very, very close to her throughout this proceeding because at the end of the day, it's still a he said/she said and both sides are looking for every kind of tie breaker they can.

COSTELLO: All right, Kendall Coffey live from Miami.

Thanks for joining us on DAYBREAK this morning.

COFFEY: Thanks, Carol.

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 - 06:53   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The worldwide media is assembled in Eagle County today for the next step in Kobe Bryant's assault case. As you know, he's charged with felony sexual assault against a 19- year-old woman who worked at a resort. Bryant contends the two had consensual sex. There is supposed to be a preliminary hearing today. We don't know if Kobe Bryant's attorneys will waive that preliminary hearing or not.
So, let's break out the bagels and the French vanilla roast, because it's time for some Coffey talk.

We have our legal analyst Kendall Coffey live from Miami to talk more about the Kobe Bryant case.

Good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Let's talk about this preliminary hearing. A lot of people think it will be waived. Will it?

COFFEY: Well, the standard is so low that it's a foregone conclusion that Kobe Bryant can't win the hearing. So unless his defense team thinks they're going to get some significant evidence from the prosecution that they don't have already, it's going to be a one-sided prosecution show, ugly and very damaging for the reputation of Kobe Bryant. So unless they're going to see some cards that they haven't seen before, they ought to waive it.

COSTELLO: Yes, you say ugly, well, let's talk about some of the evidence that prosecutors may lay out for all the world to see in that preliminary hearing. Apparently there are photographs showing the alleged victim with bruises on her neck, among other tings?

COFFEY: And that is something that is going to be a central issue. In fact, we're reading that the prosecution may be trying to get additional funding so that it can hire a strangulation injury expert to emphasize that those kind of injuries couldn't have been an accident, couldn't have simply been somebody trying to restrain a hysterical woman, that this was the use of force to overcome a victim's consent.

COSTELLO: And also, supposedly they have this videotaped statement from the accuser that prosecutors want to show.

COFFEY: And that would be something that they would use today, if it goes forward. Kobe Bryant will not be presenting his statement. So, again, it would be a very, very damaging spectacle for Kobe Bryant if this hearing goes forward.

COSTELLO: What do you think the videotaped statement would say? I mean what would the accuser say in that statement?

COFFEY: Well, at long last we would probably get past the leak factories and rumor mills and hear what she actually says happened, the basic details of the encounter. We've all read all kinds of articles about what may be in there. But she's going to describe, I think, a situation that, in her view, clearly involved the use of force against her will that constituted rape.

COSTELLO: You know, this all sounds so damaging to Kobe Bryant's case. He even said he was afraid. He also has a new tattoo of his wife on his arm. I mean is this showing his true love for his wife or is this something that may help him somehow in the case?

COFFEY: Well, he's got a beautiful wife. He's going to stand very, very close to her throughout this proceeding because at the end of the day, it's still a he said/she said and both sides are looking for every kind of tie breaker they can.

COSTELLO: All right, Kendall Coffey live from Miami.

Thanks for joining us on DAYBREAK this morning.

COFFEY: Thanks, Carol.

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