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CNN Live At Daybreak
Kobe Bryant Case: Evidence Hearing
Aired February 02, 2004 - 06:15 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: What did he say? It's a conversation we may never hear. Kobe Bryant back in court today. The hearing will focus on statements he made to police right after they took him in.
Live to Eagle, Colorado and Adrian Baschuk for the latest.
Good morning.
ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.
You know Kobe Bryant's case is not just spotlighting the issue of rape, but also the very important other side of the story. Top prosecutors in Colorado estimate that 45 percent of rape cases in the state arise out of false accusations. A reason why the defense team is working so hard to win this blizzard of motions that they have filed.
(BEGIN VIDEOTAPE)
ADRIAN BASCHUK, CNN CORRESPONDENT (voice-over): Kobe Bryant won't miss any games when attending today's pre-trial hearing. The all start suffered a severe cut to his finger and is on the injured reserve list until Friday. So instead of fighting for points or rebounds, Bryant is fighting to have statements he made to police, statements police surreptitiously recorded, excluded from evidence.
CRAIG SILVERMAN, FMR DENVER DEPUTY D.A.: He wants them surpassed. And more than that, he wants the public to never hear about them. They were embarrassing, they are highly personal, but I don't think they are overly incriminating.
BASCHUK: Other evidence up for debate is the accuser's physician-patient privileges. If Judge Terry Ruckriegle determines the 19-year-old woman discussed her medical records openly with family, friends and strangers, legal experts say her sexual and mental health past are more prone to be entered as evidence.
LARRY POZNER, FMR PRES., AMERICAN CRIMINAL TRIAL LAWYERS ASSN.: The defense is not arguing. We want to go through her sexual history. The defense is saying we want to talk about this much, only the part that is relevant to this case.
BASCHUK: Defense attorneys argue the judge must make exceptions to Colorado's Rape Shield Law. Evidence they are fighting for reports the accuser had sex with multiple partners within the 72 hours before her rape exam, that she suffers from a bipolar disorder and attempted suicide one month before the alleged rape at the Cordillera Resort.
(END VIDEOTAPE)
Legal experts say that whatever motions Kobe Bryant's defense team loses could be fuel later on for appeals if in fact he is convicted -- Carol.
COSTELLO: Adrian Baschuk reporting live from Eagle, Colorado this morning, many thanks to you.
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 February 2, 2004 - 06:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: What did he say? It's a conversation we may never hear. Kobe Bryant back in court today. The hearing will focus on statements he made to police right after they took him in.
Live to Eagle, Colorado and Adrian Baschuk for the latest.
Good morning.
ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.
You know Kobe Bryant's case is not just spotlighting the issue of rape, but also the very important other side of the story. Top prosecutors in Colorado estimate that 45 percent of rape cases in the state arise out of false accusations. A reason why the defense team is working so hard to win this blizzard of motions that they have filed.
(BEGIN VIDEOTAPE)
ADRIAN BASCHUK, CNN CORRESPONDENT (voice-over): Kobe Bryant won't miss any games when attending today's pre-trial hearing. The all start suffered a severe cut to his finger and is on the injured reserve list until Friday. So instead of fighting for points or rebounds, Bryant is fighting to have statements he made to police, statements police surreptitiously recorded, excluded from evidence.
CRAIG SILVERMAN, FMR DENVER DEPUTY D.A.: He wants them surpassed. And more than that, he wants the public to never hear about them. They were embarrassing, they are highly personal, but I don't think they are overly incriminating.
BASCHUK: Other evidence up for debate is the accuser's physician-patient privileges. If Judge Terry Ruckriegle determines the 19-year-old woman discussed her medical records openly with family, friends and strangers, legal experts say her sexual and mental health past are more prone to be entered as evidence.
LARRY POZNER, FMR PRES., AMERICAN CRIMINAL TRIAL LAWYERS ASSN.: The defense is not arguing. We want to go through her sexual history. The defense is saying we want to talk about this much, only the part that is relevant to this case.
BASCHUK: Defense attorneys argue the judge must make exceptions to Colorado's Rape Shield Law. Evidence they are fighting for reports the accuser had sex with multiple partners within the 72 hours before her rape exam, that she suffers from a bipolar disorder and attempted suicide one month before the alleged rape at the Cordillera Resort.
(END VIDEOTAPE)
Legal experts say that whatever motions Kobe Bryant's defense team loses could be fuel later on for appeals if in fact he is convicted -- Carol.
COSTELLO: Adrian Baschuk reporting live from Eagle, Colorado this morning, many thanks to you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
