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CNN Live At Daybreak
'Coffey Talk'
Aired October 16, 2003 - 06:54 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: Oh, the bombshells flew all over the place in Colorado. Part two of Kobe Bryant's preliminary hearing is over. The judge will make his decision, possibly on Monday, on whether the case will go to trial.
It's time for some Coffey talk on the Kobe Bryant case.
Our legal analyst Kendall Coffey live on the phone from Miami -- Kendall, good morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: All right, let's examine the bombshells, like the victim wearing underwear with another man's semen and pubic hair.
COFFEY: Well, you can sure see why the prosecution was trying to keep that portion of the hearing closed. Devastating to the alleged victim. Somewhat harmful to the prosecution. But while the trial judge allowed it in for purposes of the preliminary hearing, the trial itself will be governed by Colorado's rape shield law. So expect some huge pretrial battles over what evidence the defense can use concerning intimate injuries and intimate apparel.
COSTELLO: There also appeared to be conflicting testimony on whether the alleged victim said no during the alleged attack.
COFFEY: Carol, I thought that was the most significant thing of all, because apparently when she first met with the detective, she didn't tell him that she said no to Kobe Bryant, and yet that's the whole key to the prosecution's theory of lack of consent, the word no. Leaving out such a critical fact in the original police interview may require some real explaining at the time of trial in front of a jury.
COSTELLO: It also came out that there were no bruises on Kobe Bryant, no evidence that this woman fought him off during this alleged attack.
COFFEY: Yes, and while that's not critical, it's part of these clear points that the defense seems to be winning as you look down the road for trial. Something else, Carol, the night auditor apparently wrote a letter saying that when the alleged victim first came down after the encounter with Bryant, there wasn't any indication of any problem. So bit by bit, point by point, it's clear that the defense made some progress during this preliminary hearing.
COSTELLO: Well, can you put this in perspective for us? Was it really damaging to either side, though? COFFEY: The defense made some gains. Now, expect next week that the judge is going to find that there is sufficient evidence to bind Kobe Bryant over for trial because the probable cause test for the prosecution here is a low standard. But clearly the defense scored more points than the prosecution and I think that while the prosecution has told everyone they're holding some more cards back, this is a case that's going to have to be closely watched and it is certainly not going to be an easy one for the prosecution.
COSTELLO: Well, we'll be keeping our eye on things on Monday.
Kendall Coffey live on the phone from Miami.
Thanks for joining DAYBREAK this morning.
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 16, 2003 - 06:54 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Oh, the bombshells flew all over the place in Colorado. Part two of Kobe Bryant's preliminary hearing is over. The judge will make his decision, possibly on Monday, on whether the case will go to trial.
It's time for some Coffey talk on the Kobe Bryant case.
Our legal analyst Kendall Coffey live on the phone from Miami -- Kendall, good morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: All right, let's examine the bombshells, like the victim wearing underwear with another man's semen and pubic hair.
COFFEY: Well, you can sure see why the prosecution was trying to keep that portion of the hearing closed. Devastating to the alleged victim. Somewhat harmful to the prosecution. But while the trial judge allowed it in for purposes of the preliminary hearing, the trial itself will be governed by Colorado's rape shield law. So expect some huge pretrial battles over what evidence the defense can use concerning intimate injuries and intimate apparel.
COSTELLO: There also appeared to be conflicting testimony on whether the alleged victim said no during the alleged attack.
COFFEY: Carol, I thought that was the most significant thing of all, because apparently when she first met with the detective, she didn't tell him that she said no to Kobe Bryant, and yet that's the whole key to the prosecution's theory of lack of consent, the word no. Leaving out such a critical fact in the original police interview may require some real explaining at the time of trial in front of a jury.
COSTELLO: It also came out that there were no bruises on Kobe Bryant, no evidence that this woman fought him off during this alleged attack.
COFFEY: Yes, and while that's not critical, it's part of these clear points that the defense seems to be winning as you look down the road for trial. Something else, Carol, the night auditor apparently wrote a letter saying that when the alleged victim first came down after the encounter with Bryant, there wasn't any indication of any problem. So bit by bit, point by point, it's clear that the defense made some progress during this preliminary hearing.
COSTELLO: Well, can you put this in perspective for us? Was it really damaging to either side, though? COFFEY: The defense made some gains. Now, expect next week that the judge is going to find that there is sufficient evidence to bind Kobe Bryant over for trial because the probable cause test for the prosecution here is a low standard. But clearly the defense scored more points than the prosecution and I think that while the prosecution has told everyone they're holding some more cards back, this is a case that's going to have to be closely watched and it is certainly not going to be an easy one for the prosecution.
COSTELLO: Well, we'll be keeping our eye on things on Monday.
Kendall Coffey live on the phone from Miami.
Thanks for joining DAYBREAK this morning.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
