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CNN Live At Daybreak

Coffey Talk: Bryant, Spector, Peterson

Aired January 23, 2004 - 06:42   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.


FREDRICKA WHITFIELD, CNN ANCHOR: Well turning to legal issues of the day, a preliminary hearing behind closed doors in the Kobe Bryant case, some mysterious evidence emerges in the Phil Spector murder case and a veteran judge is tossed off the Scott Peterson murder case.
In our Miami bureau this morning is legal analyst Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Fredricka.

WHITFIELD: All right, a lot to cover. Let's talk about the Scott Peterson case first. Each side has the right to challenge the appointment of a judge. In this case, the prosecutors felt like this judge showed some bias. And that's quite surprising, considering he has a reputation for being quite serious about the death penalty.

COFFEY: Yes, I don't think Judge Arnason had finished his morning coffee before he was taken off the case. Prosecutors don't have to give any explanation. They didn't. So next week the chief justice of the California Supreme Court will appoint a replacement judge for the Scott Peterson trial.

WHITFIELD: Wow! And considering each side can dispute the appointment, would the defense dare try to delay this further by perhaps having a beef with the next appointed judge?

COFFEY: You know, Fredricka, I think it's very clear either side are going to do what they can do within the rules to win. So if the defense has a problem with this judge, that judge might be sent packing, too.

WHITFIELD: All right. The Kobe Bryant case today, behind closed doors arguments over whether to allow sexual and medical history of the accuser whether that could be admissible. The defense, of course, wants this in because they feel like this is going to certainly direct their case, beefen (ph) their defense for Kobe Bryant.

COFFEY: Exactly, Fredricka. This whole issue of the medical history of the alleged victim is huge in this case. Today the focus is going to be whether or not she did something to waive her rights to privacy, because Colorado law, like many states, provides medical records are going to be held confidential. The defense is going to try to say that in some faction by words or deeds she did something to give up her right to keep those medical records confidential. The judge will have to make a ruling. WHITFIELD: Meaning the defense has already alleged that apparently she had a sexual partner some 18 hours before her involvement with Kobe Bryant and even perhaps another partner before that.

COFFEY: All kinds of stuff coming out in the case that's being tried in the press. But the key issue is going to be perhaps in Eagle County a local jury of 12 people what is the evidence that's going to be put before them. It's questions like the medical records, like other alleged sexual partners may or may not get in front of the jury. That's why today's hearing is so important.

WHITFIELD: All right. In the Phil Spector case, Phil Spector's attorney, Robert Shapiro, apparently has some sort of mysterious evidence. The prosecutors say they don't know exactly what it is, but they want to make sure that the court allows the prosecution to learn more about this evidence. And apparently this was evidence that Shapiro says the police overlooked.

COFFEY: Yes, and he is even saying he is not going to say whether he has got it or not. But whether he does or he doesn't, they don't get it. The judge has indicated preliminarily, hey, if you have got evidence you want to use at trial, the prosecution gets to see it. But Shapiro has got a right to argue the point legally. So they will be back in court on February 17 to see whether this mystery evidence ultimately has to be turned over to the prosecution or not.

WHITFIELD: So he can legally argue that he does not need to disclose it in the discovery phase?

COFFEY: He is saying that. I think most of us disagree, and think if he has got evidence that's relevant that he is going to be using at trial, prosecution gets a look at that evidence. That's usually how the rules work.

WHITFIELD: So that evidence ends up being revealed, though, however, when they try to argue or have these arguments before the judge outside of the courtroom.

COFFEY: He is holding back. That's why he is sort of saying, you know, I'm not going to show you yet. And he has even said he may appeal it to the appeal's court if the trial judge say he's got to turn the evidence over. Most of us are expecting at some point the prosecution is going to see the evidence, but we have no idea what it may or may not do or how it will impact on the defense of Phil Spector.

WHITFIELD: All right. Kendall Coffey, thanks very much.

COFFEY: Thanks, Fredricka.

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 January 23, 2004 - 06:42   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Well turning to legal issues of the day, a preliminary hearing behind closed doors in the Kobe Bryant case, some mysterious evidence emerges in the Phil Spector murder case and a veteran judge is tossed off the Scott Peterson murder case.
In our Miami bureau this morning is legal analyst Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Fredricka.

WHITFIELD: All right, a lot to cover. Let's talk about the Scott Peterson case first. Each side has the right to challenge the appointment of a judge. In this case, the prosecutors felt like this judge showed some bias. And that's quite surprising, considering he has a reputation for being quite serious about the death penalty.

COFFEY: Yes, I don't think Judge Arnason had finished his morning coffee before he was taken off the case. Prosecutors don't have to give any explanation. They didn't. So next week the chief justice of the California Supreme Court will appoint a replacement judge for the Scott Peterson trial.

WHITFIELD: Wow! And considering each side can dispute the appointment, would the defense dare try to delay this further by perhaps having a beef with the next appointed judge?

COFFEY: You know, Fredricka, I think it's very clear either side are going to do what they can do within the rules to win. So if the defense has a problem with this judge, that judge might be sent packing, too.

WHITFIELD: All right. The Kobe Bryant case today, behind closed doors arguments over whether to allow sexual and medical history of the accuser whether that could be admissible. The defense, of course, wants this in because they feel like this is going to certainly direct their case, beefen (ph) their defense for Kobe Bryant.

COFFEY: Exactly, Fredricka. This whole issue of the medical history of the alleged victim is huge in this case. Today the focus is going to be whether or not she did something to waive her rights to privacy, because Colorado law, like many states, provides medical records are going to be held confidential. The defense is going to try to say that in some faction by words or deeds she did something to give up her right to keep those medical records confidential. The judge will have to make a ruling. WHITFIELD: Meaning the defense has already alleged that apparently she had a sexual partner some 18 hours before her involvement with Kobe Bryant and even perhaps another partner before that.

COFFEY: All kinds of stuff coming out in the case that's being tried in the press. But the key issue is going to be perhaps in Eagle County a local jury of 12 people what is the evidence that's going to be put before them. It's questions like the medical records, like other alleged sexual partners may or may not get in front of the jury. That's why today's hearing is so important.

WHITFIELD: All right. In the Phil Spector case, Phil Spector's attorney, Robert Shapiro, apparently has some sort of mysterious evidence. The prosecutors say they don't know exactly what it is, but they want to make sure that the court allows the prosecution to learn more about this evidence. And apparently this was evidence that Shapiro says the police overlooked.

COFFEY: Yes, and he is even saying he is not going to say whether he has got it or not. But whether he does or he doesn't, they don't get it. The judge has indicated preliminarily, hey, if you have got evidence you want to use at trial, the prosecution gets to see it. But Shapiro has got a right to argue the point legally. So they will be back in court on February 17 to see whether this mystery evidence ultimately has to be turned over to the prosecution or not.

WHITFIELD: So he can legally argue that he does not need to disclose it in the discovery phase?

COFFEY: He is saying that. I think most of us disagree, and think if he has got evidence that's relevant that he is going to be using at trial, prosecution gets a look at that evidence. That's usually how the rules work.

WHITFIELD: So that evidence ends up being revealed, though, however, when they try to argue or have these arguments before the judge outside of the courtroom.

COFFEY: He is holding back. That's why he is sort of saying, you know, I'm not going to show you yet. And he has even said he may appeal it to the appeal's court if the trial judge say he's got to turn the evidence over. Most of us are expecting at some point the prosecution is going to see the evidence, but we have no idea what it may or may not do or how it will impact on the defense of Phil Spector.

WHITFIELD: All right. Kendall Coffey, thanks very much.

COFFEY: Thanks, Fredricka.

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