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CNN Live At Daybreak
Judge in Kobe Bryant's Rape Case Calls Evidence 'Minimal'
Aired October 21, 2003 - 06:52 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 judge in Kobe Bryant's rape case calls the evidence "minimal." But he has ordered the NBA star to stand trial. Bryant will have to return to Eagle County on November 10 for his next appearance in court.
Prior to the judge's ruling, reporters asked Bryant how much anxiety he was feeling.
(BEGIN VIDEO CLIP)
KOBE BRYANT, DEFENDANT: A little anxiety. I mean I just pretty much, you know, give it up and, you know, I've pretty much done all I can here. And just, god will carry me the rest of the way.
(END VIDEO CLIP)
COSTELLO: Time for some Coffey talk on the Bryant case now and the sniper case, too, in Virginia Beach.
Legal analyst Kendall Coffey live on the phone from Miami -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: So, the judge in the Kobe Bryant rape case calling the evidence "minimal" but he orders it to trial anyway. Anything to that?
COFFEY: Well, it's a very low standard, as the judge recognized. In fact, he doesn't really even undertake so much a he said/she said, but an examination of just what she said. And as long as there's a little bit of corroborating evidence, which there was, and as long as the alleged victim's account is not "incredible" and implausible as a matter of law, it can't be rejected by the court.
A prosecution victory of sorts, but just barely.
COSTELLO: Can the defense appeal?
COFFEY: The defense could theoretically appeal. They're not going to. I think they see a lot of silver linings in this order and in the preliminary hearing itself, Carol, because if nothing else they poked a lot of potential gaps and it exposed some weaknesses in the prosecution's case, which down the road, when this case goes to trial, could be very significant.
COSTELLO: We'll see. Let's talk about the sniper trial now in Virginia Beach. John Allen Muhammad decides to defend himself at the very last moment. He gives his opening statements to the jury and he says he didn't have anything to do with the shootings. But then he said, "They wasn't there. I was. I know what happened."
I can't believe that the judge allowed him to defend himself.
COFFEY: Well, it's frustrating for everybody watching the case, Carol. But there is a constitutional right of self-representation in a criminal that the judge has to honor, even when it basically gives a defendant potentially a key to open his own door to death row.
COSTELLO: All right, Kendall Coffey joining us live on the phone this morning.
Thanks very much.
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 21, 2003 - 06:52 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The judge in Kobe Bryant's rape case calls the evidence "minimal." But he has ordered the NBA star to stand trial. Bryant will have to return to Eagle County on November 10 for his next appearance in court.
Prior to the judge's ruling, reporters asked Bryant how much anxiety he was feeling.
(BEGIN VIDEO CLIP)
KOBE BRYANT, DEFENDANT: A little anxiety. I mean I just pretty much, you know, give it up and, you know, I've pretty much done all I can here. And just, god will carry me the rest of the way.
(END VIDEO CLIP)
COSTELLO: Time for some Coffey talk on the Bryant case now and the sniper case, too, in Virginia Beach.
Legal analyst Kendall Coffey live on the phone from Miami -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.
COSTELLO: So, the judge in the Kobe Bryant rape case calling the evidence "minimal" but he orders it to trial anyway. Anything to that?
COFFEY: Well, it's a very low standard, as the judge recognized. In fact, he doesn't really even undertake so much a he said/she said, but an examination of just what she said. And as long as there's a little bit of corroborating evidence, which there was, and as long as the alleged victim's account is not "incredible" and implausible as a matter of law, it can't be rejected by the court.
A prosecution victory of sorts, but just barely.
COSTELLO: Can the defense appeal?
COFFEY: The defense could theoretically appeal. They're not going to. I think they see a lot of silver linings in this order and in the preliminary hearing itself, Carol, because if nothing else they poked a lot of potential gaps and it exposed some weaknesses in the prosecution's case, which down the road, when this case goes to trial, could be very significant.
COSTELLO: We'll see. Let's talk about the sniper trial now in Virginia Beach. John Allen Muhammad decides to defend himself at the very last moment. He gives his opening statements to the jury and he says he didn't have anything to do with the shootings. But then he said, "They wasn't there. I was. I know what happened."
I can't believe that the judge allowed him to defend himself.
COFFEY: Well, it's frustrating for everybody watching the case, Carol. But there is a constitutional right of self-representation in a criminal that the judge has to honor, even when it basically gives a defendant potentially a key to open his own door to death row.
COSTELLO: All right, Kendall Coffey joining us live on the phone this morning.
Thanks very much.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
