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CNN Live At Daybreak

Kobe Bryant Back in Colorado Today

Aired October 15, 2003 - 06:51   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.


CAROL COSTELLO, CNN ANCHOR: Kobe Bryant back in a Colorado today for the continuation of his preliminary hearing. And while legal experts debate the merits of the case, not everyone is looking at the case in a serious light.
(BEGIN VIDEO CLIP FROM "SATURDAY NIGHT LIVE" FROM NBC)

UNIDENTIFIED FEMALE: Next month, a flawless, $10 million diamond the size of a walnut will go on auction at Sotheby's. And just in time, because Kobe Bryant's wife has a birthday coming up.

(END VIDEO CLIP)

COSTELLO: Oh, man. All kidding aside, though, things turn serious in the courtroom today when Kobe Bryant's hearing does resume.

Our legal analyst, Kendall Coffey, live on the phone from Miami for a little Coffey talk this morning.

Good morning, Kendall.

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

COSTELLO: Do you think the judge will close this part of the preliminary hearing?

COFFEY: I don't think so. It's a very disfavored thing to lock out the press and the public in a society that has public trials. What the judge may do is get the attorneys together for some surprise prevention therapy, give them a strict list of dos and don'ts and let them know if you do some of the don'ts deliberately, bring your toothbrush. You may be an overnight guest of the Colorado taxpayers if things get out of hand today.

COSTELLO: I don't know, defense attorney Pamela Mackey is pretty tough. Do you think she'll mention the victim's name? And do you think she'll actually subpoena a witness to testify?

COFFEY: Better not mention the victim's name. That got a little bit too far last time. She may try to issue subpoenas. But, Carol, the judge has already quashed subpoenas of the alleged victim and the alleged victim's medical records.

This is not about the strength of the defense case. It's about a preview of the minimum evidence of the prosecution. Frankly, they've got enough to bind Kobe Bryant over for trial. Expect a short leash today as far as the judge is concerned with respect to any attempts to bring defense evidence.

COSTELLO: Well, Kendall, if they've got enough evidence to take this thing to state court, why is there a part two to the preliminary hearing?

COFFEY: There's a part two because this judge wants to have a sense of fairness about this worldwide watched proceeding and is going the extra mile. But that doesn't mean that he is going to allow any further sense of victimization of the alleged victim. And that, by the way, may be backfiring as far as Kobe Bryant is concerned. It may be creating sympathy for the alleged victim.

COSTELLO: Oh, well, we'll see about that. I don't know. It depends on who you talk to on that score.

The judge probably will not issue a decision today to take this thing to state court. He's going to -- I think he's going to give his decision in writing.

Why is he doing that?

COFFEY: Well, again, the world is watching. So this judge is going to go the extra mile in terms of fairness, make sure it's a well reasoned decision. But that doesn't mean anybody is questioning whether it's a foregone conclusion.

The real interesting thing today is going to be can the defense get some more points? For all the controversy and public relations, they got a few things last week that may help them down the road.

COSTELLO: All right, Kendall Coffey joining us live from Miami on DAYBREAK.

Many thanks to you.

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 15, 2003 - 06:51   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Kobe Bryant back in a Colorado today for the continuation of his preliminary hearing. And while legal experts debate the merits of the case, not everyone is looking at the case in a serious light.
(BEGIN VIDEO CLIP FROM "SATURDAY NIGHT LIVE" FROM NBC)

UNIDENTIFIED FEMALE: Next month, a flawless, $10 million diamond the size of a walnut will go on auction at Sotheby's. And just in time, because Kobe Bryant's wife has a birthday coming up.

(END VIDEO CLIP)

COSTELLO: Oh, man. All kidding aside, though, things turn serious in the courtroom today when Kobe Bryant's hearing does resume.

Our legal analyst, Kendall Coffey, live on the phone from Miami for a little Coffey talk this morning.

Good morning, Kendall.

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

COSTELLO: Do you think the judge will close this part of the preliminary hearing?

COFFEY: I don't think so. It's a very disfavored thing to lock out the press and the public in a society that has public trials. What the judge may do is get the attorneys together for some surprise prevention therapy, give them a strict list of dos and don'ts and let them know if you do some of the don'ts deliberately, bring your toothbrush. You may be an overnight guest of the Colorado taxpayers if things get out of hand today.

COSTELLO: I don't know, defense attorney Pamela Mackey is pretty tough. Do you think she'll mention the victim's name? And do you think she'll actually subpoena a witness to testify?

COFFEY: Better not mention the victim's name. That got a little bit too far last time. She may try to issue subpoenas. But, Carol, the judge has already quashed subpoenas of the alleged victim and the alleged victim's medical records.

This is not about the strength of the defense case. It's about a preview of the minimum evidence of the prosecution. Frankly, they've got enough to bind Kobe Bryant over for trial. Expect a short leash today as far as the judge is concerned with respect to any attempts to bring defense evidence.

COSTELLO: Well, Kendall, if they've got enough evidence to take this thing to state court, why is there a part two to the preliminary hearing?

COFFEY: There's a part two because this judge wants to have a sense of fairness about this worldwide watched proceeding and is going the extra mile. But that doesn't mean that he is going to allow any further sense of victimization of the alleged victim. And that, by the way, may be backfiring as far as Kobe Bryant is concerned. It may be creating sympathy for the alleged victim.

COSTELLO: Oh, well, we'll see about that. I don't know. It depends on who you talk to on that score.

The judge probably will not issue a decision today to take this thing to state court. He's going to -- I think he's going to give his decision in writing.

Why is he doing that?

COFFEY: Well, again, the world is watching. So this judge is going to go the extra mile in terms of fairness, make sure it's a well reasoned decision. But that doesn't mean anybody is questioning whether it's a foregone conclusion.

The real interesting thing today is going to be can the defense get some more points? For all the controversy and public relations, they got a few things last week that may help them down the road.

COSTELLO: All right, Kendall Coffey joining us live from Miami on DAYBREAK.

Many thanks to you.

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