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CNN Live Today

Kobe Bryant Case

Aired October 09, 2003 - 10:36   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 get some legal perspective now on the investigation and the use of electronic bugging devices.
Our legal analyst Jeffrey Toobin is a former prosecutor who had some experience with the complex legal issues surrounding such a politically charged move.

Jeff, good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: hey, D.K.

KAGAN: Strange times in Philadelphia, a bug in the office of the mayor.

TOOBIN: This is a very big deal, Daryn. You know, when you're a federal prosecutor, when I was an assistant U.S. attorney, there's an established procedure for getting permission for bugs and wiretaps, and it involves getting permission from the Justice Department in Washington. This is not a decision any individual U.S. attorney's office can make. And when you want to investigate a senior political official, like the mayor of Philadelphia, much less during a political campaign, it is inconceivable, a decision like that didn't go all the way to Attorney General John Ashcroft.

Keep in mind what's involved here, someone from the FBI black bags squad had to break into the office of the mayor and install this listening device. It's extremely risky, it's extremely expensive. This is something the FBI doesn't do unless they are very committed to the investigation.

KAGAN: Sounds like something right out of a thriller movie. I'm sure we'll hear more about that in the future.

Now we need to turn the corner here, explain the beautiful backdrop behind you. Of course, you're in Eagle, Colorado for the preliminary hearing involving Kobe Bryant, talk about a totally different topic here.

TOOBIN: Yes. With all due respect to Philadelphia, it doesn't look anything like that.

KAGAN: No, you've seen Philadelphia, and Eagle, Colorado is not Philadelphia, for the record. For the record, on this preliminary hearing with Kobe Bryant, a lot of people speculating this won't even happen.

TOOBIN: You know, my guess is that it won't. The issue here is a preliminary hearing. Can the government prove probable cause that Kobe Bryant committed this crime? In this circumstance, we know that Kobe Bryant is going to lose the preliminary hearing. The government always wins these hearings. So all would he accomplish by holding this hearing is the public disclosure of the victims, the alleged victim's statement about what happened, his audiotaped statement to the police, photographs. Why would he want these incriminating pieces of evidence in public for no reason other than to lose this hearing? It seems to me the more prudent course for him would be to waive this hearing, move this case to a trial, where he could put forth his own evidence and challenge the prosecution's evidence in a way that he can't do here.

KAGAN: Well, if it does go that way, does it mean there could be an arraignment as early as today where we would see Kobe Bryant -- well, not see, but here about him entering a plea?

TOOBIN: That's right. I mean, the one theory of how it is going to go today -- and this really is a fluid situation -- is that the county court judge, the lower court judge here, would simply leave the bench, he'd be replaced by the district court judge, which is the judge who would try the actual jury trial, the judge would then have Kobe Bryant Enter a plea of not guilty, reconfirm his bail, and then begin to set a schedule for a trial, which certainly would not be for many months.

KAGAN: And just real quickly here, Jeff, Kobe Bryant has gone on camera over this past week, saying he has had moments of being terrified, with good reason, considering what he faces.

TOOBIN: Yes, I mean, he'd be insane if he were not terrified. There is a potential life sentence involved here. There is classification as a sex offender, which means even if he got out of prison, he'd have to register with the police wherever he lived for the rest of his life. The mistakes here are a lot bigger, as Kobe Bryant himself said, than any seventh game. This is a very serious crime. The stakes should be high.

KAGAN: Jeffrey Toobin, tracking all the legal issues for us from eagle, Colorado. Thank you. I'm sure we'll be seeing you in the days to come.

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 - 10:36   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 get some legal perspective now on the investigation and the use of electronic bugging devices.
Our legal analyst Jeffrey Toobin is a former prosecutor who had some experience with the complex legal issues surrounding such a politically charged move.

Jeff, good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: hey, D.K.

KAGAN: Strange times in Philadelphia, a bug in the office of the mayor.

TOOBIN: This is a very big deal, Daryn. You know, when you're a federal prosecutor, when I was an assistant U.S. attorney, there's an established procedure for getting permission for bugs and wiretaps, and it involves getting permission from the Justice Department in Washington. This is not a decision any individual U.S. attorney's office can make. And when you want to investigate a senior political official, like the mayor of Philadelphia, much less during a political campaign, it is inconceivable, a decision like that didn't go all the way to Attorney General John Ashcroft.

Keep in mind what's involved here, someone from the FBI black bags squad had to break into the office of the mayor and install this listening device. It's extremely risky, it's extremely expensive. This is something the FBI doesn't do unless they are very committed to the investigation.

KAGAN: Sounds like something right out of a thriller movie. I'm sure we'll hear more about that in the future.

Now we need to turn the corner here, explain the beautiful backdrop behind you. Of course, you're in Eagle, Colorado for the preliminary hearing involving Kobe Bryant, talk about a totally different topic here.

TOOBIN: Yes. With all due respect to Philadelphia, it doesn't look anything like that.

KAGAN: No, you've seen Philadelphia, and Eagle, Colorado is not Philadelphia, for the record. For the record, on this preliminary hearing with Kobe Bryant, a lot of people speculating this won't even happen.

TOOBIN: You know, my guess is that it won't. The issue here is a preliminary hearing. Can the government prove probable cause that Kobe Bryant committed this crime? In this circumstance, we know that Kobe Bryant is going to lose the preliminary hearing. The government always wins these hearings. So all would he accomplish by holding this hearing is the public disclosure of the victims, the alleged victim's statement about what happened, his audiotaped statement to the police, photographs. Why would he want these incriminating pieces of evidence in public for no reason other than to lose this hearing? It seems to me the more prudent course for him would be to waive this hearing, move this case to a trial, where he could put forth his own evidence and challenge the prosecution's evidence in a way that he can't do here.

KAGAN: Well, if it does go that way, does it mean there could be an arraignment as early as today where we would see Kobe Bryant -- well, not see, but here about him entering a plea?

TOOBIN: That's right. I mean, the one theory of how it is going to go today -- and this really is a fluid situation -- is that the county court judge, the lower court judge here, would simply leave the bench, he'd be replaced by the district court judge, which is the judge who would try the actual jury trial, the judge would then have Kobe Bryant Enter a plea of not guilty, reconfirm his bail, and then begin to set a schedule for a trial, which certainly would not be for many months.

KAGAN: And just real quickly here, Jeff, Kobe Bryant has gone on camera over this past week, saying he has had moments of being terrified, with good reason, considering what he faces.

TOOBIN: Yes, I mean, he'd be insane if he were not terrified. There is a potential life sentence involved here. There is classification as a sex offender, which means even if he got out of prison, he'd have to register with the police wherever he lived for the rest of his life. The mistakes here are a lot bigger, as Kobe Bryant himself said, than any seventh game. This is a very serious crime. The stakes should be high.

KAGAN: Jeffrey Toobin, tracking all the legal issues for us from eagle, Colorado. Thank you. I'm sure we'll be seeing you in the days to come.

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