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CNN Live Saturday

Judge To Rule Soon If Kobe Bryant Goes To Trial

Aired October 18, 2003 - 12:16   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.


ANDREA KOPPEL, CNN ANCHOR: A judge in Colorado is expected to rule, perhaps as soon as Monday, whether Kobe Bryant will go to trial on sexual assault charges. Bryant's preliminary hearing wrapped up Wednesday and features two days of sometimes salacious testimony about Bryant's accuser. The revelations have legal experts weighing the strengths and weaknesses of the prosecution's case. Let's talk now to former federal prosecutor, Kendall Coffey, a frequent CNN contributor. He is in Miami. Mr. Coffey, now that the preliminary hearing is over, what is your sense as a former prosecutor, as to just how well the prosecution did in presenting enough evidence that a trial should go forward?
KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: I think they certainly met their burden, in part because, Andrea, it's a low burden. Not tough at all to get past the preliminary hearing hurdle. So, I think we should expect that Kobe Bryant will be bound over for trial. And the prosecution brought out some pretty ugly strong stuff to tell you, they've got a real case here, which is why the defense, I think, ultimately decided to go forward with the preliminary hearing. They know this is a very serious case. And even though they know they can't win the preliminary hearing, I think they were using it to get whatever points they could looking down the road when this case finally goes to trial.

KOPPEL: Now, even though the defense didn't really need to prove one way or the other whether or not Kobe Bryant was innocent, some folks believe that Mr. Bryant's attorney, Pamela Mackey, really scored some points. Do you agree?

COFFEY: Well, she scored some points, in a couple senses. First of all, she chipped away at some of the things that weren't established by the prosecution. No sign of injuries, tears, cuts on Kobe Bryant, and no bruising or scratches on the alleged victim's neck where Bryant supposedly held her. The more significant things that I think were brought out from the defense standpoint include the fact that the victim apparently did not tell -- and I say the alleged victim -- the police detective she said "no" to Kobe Bryant, when she was first interviewed by the police. And also, a night auditor, the first one that saw her when she came out of the room, didn't seem to think that there was anything wrong. Nothing about her appearance suggested that she'd gone through a horrible, traumatic experience.

KOPPEL: Why is that so important, that it be clear that the alleged victim had said "no" to Bryant on repeated occasions? And, I guess another potential question mark out there, is the DNA from another individual, another man's semen that was found on the alleged victim's underwear? COFFEY: Two very compelling points. But, I think the more significant legally is this whole question of, what did she do to say "no," and whether she was inconsistent about whether or not she actually told Kobe Bryant "no." The issue is consent. And it's the prosecution's burden to prove that she did not consent. And that's why I think there's going to be a lot of attention when this case goes to trial as to that critical word, two letters, but again, if she is somehow seen as being inconsistent, one time she tells the police detective she said "no" another time she didn't, that's going to be something the defense can exploit when this case goes to trial.

KOPPEL: Now, most believe that this will go to trial. If it does, how important would it be the alleged victim take the stand in her defense? We have not heard directly from her until now -- I mean, to date.

COFFEY: You know, you're really zeroing in on the key thing, Andrea. This case is going to go to trial. And, while we're all fascinated by some of the details, what this is going to come down to is the jury's going to look at the alleged victim. If they believe her, if she's sympathetic, seems to be truthful, if there's no apparent motive why she would have made up such an awful tale, she can secure a conviction against Kobe Bryant no matter what the details are about intimate apparel, intimate injuries, or anything else.

KOPPEL: Kendall Coffey joining us from Miami, where I know there's another big story you all are focusing on, of course, the beginning of the World Series. Thanks so much for joining us.

COFFEY: Thanks Andrea.

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 18, 2003 - 12:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDREA KOPPEL, CNN ANCHOR: A judge in Colorado is expected to rule, perhaps as soon as Monday, whether Kobe Bryant will go to trial on sexual assault charges. Bryant's preliminary hearing wrapped up Wednesday and features two days of sometimes salacious testimony about Bryant's accuser. The revelations have legal experts weighing the strengths and weaknesses of the prosecution's case. Let's talk now to former federal prosecutor, Kendall Coffey, a frequent CNN contributor. He is in Miami. Mr. Coffey, now that the preliminary hearing is over, what is your sense as a former prosecutor, as to just how well the prosecution did in presenting enough evidence that a trial should go forward?
KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: I think they certainly met their burden, in part because, Andrea, it's a low burden. Not tough at all to get past the preliminary hearing hurdle. So, I think we should expect that Kobe Bryant will be bound over for trial. And the prosecution brought out some pretty ugly strong stuff to tell you, they've got a real case here, which is why the defense, I think, ultimately decided to go forward with the preliminary hearing. They know this is a very serious case. And even though they know they can't win the preliminary hearing, I think they were using it to get whatever points they could looking down the road when this case finally goes to trial.

KOPPEL: Now, even though the defense didn't really need to prove one way or the other whether or not Kobe Bryant was innocent, some folks believe that Mr. Bryant's attorney, Pamela Mackey, really scored some points. Do you agree?

COFFEY: Well, she scored some points, in a couple senses. First of all, she chipped away at some of the things that weren't established by the prosecution. No sign of injuries, tears, cuts on Kobe Bryant, and no bruising or scratches on the alleged victim's neck where Bryant supposedly held her. The more significant things that I think were brought out from the defense standpoint include the fact that the victim apparently did not tell -- and I say the alleged victim -- the police detective she said "no" to Kobe Bryant, when she was first interviewed by the police. And also, a night auditor, the first one that saw her when she came out of the room, didn't seem to think that there was anything wrong. Nothing about her appearance suggested that she'd gone through a horrible, traumatic experience.

KOPPEL: Why is that so important, that it be clear that the alleged victim had said "no" to Bryant on repeated occasions? And, I guess another potential question mark out there, is the DNA from another individual, another man's semen that was found on the alleged victim's underwear? COFFEY: Two very compelling points. But, I think the more significant legally is this whole question of, what did she do to say "no," and whether she was inconsistent about whether or not she actually told Kobe Bryant "no." The issue is consent. And it's the prosecution's burden to prove that she did not consent. And that's why I think there's going to be a lot of attention when this case goes to trial as to that critical word, two letters, but again, if she is somehow seen as being inconsistent, one time she tells the police detective she said "no" another time she didn't, that's going to be something the defense can exploit when this case goes to trial.

KOPPEL: Now, most believe that this will go to trial. If it does, how important would it be the alleged victim take the stand in her defense? We have not heard directly from her until now -- I mean, to date.

COFFEY: You know, you're really zeroing in on the key thing, Andrea. This case is going to go to trial. And, while we're all fascinated by some of the details, what this is going to come down to is the jury's going to look at the alleged victim. If they believe her, if she's sympathetic, seems to be truthful, if there's no apparent motive why she would have made up such an awful tale, she can secure a conviction against Kobe Bryant no matter what the details are about intimate apparel, intimate injuries, or anything else.

KOPPEL: Kendall Coffey joining us from Miami, where I know there's another big story you all are focusing on, of course, the beginning of the World Series. Thanks so much for joining us.

COFFEY: Thanks Andrea.

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