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How Likely is Judge in Bryant Case to Release Court Records?

Aired July 31, 2003 - 14:06   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.


KYRA PHILLIPS, CNN ANCHOR: Now how likely is the judge to release those court records and how would it affect the case? Let's bring in our legal analyst Jeffrey Toobin. He's live in New York. Jeffrey, hi.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Kyra.

PHILLIPS: Well let's talk about first -- do you think he will? Or -- do you think he will release the documents? Let's begin there.

TOOBIN: You know, Kyra, I'm going to give you a ringing I don't know. I really don't know. This is a tough one because under Colorado law, like most states, these documents are presumptively public. That is usually they are public.

But here you have, of course, a very high-profile trial win tense media interest. The jury pool in Colorado will absorb all this information, if it's released. That's something that's going to concern the judge a lot.

I think in the judge's questioning here, he's going to give a real signal of how he is thinking about those issues. And I think the very fact that he allotted all this time, three hours is a long time, shows he that thinks it's a pretty tough call, too.

PHILLIPS: You bring up the fact he's a big star. Let's go back to media law classes that we had millions of moons ago. I mean someone who is in the limelight like a Kobe Bryant, I mean that shouldn't play a part, right? He shouldn't have any type of special circumstances just because he's a big star. Doesn't mean those should be kept secret, right?

TOOBIN: No, but he is entitled to a fair trial, like everyone else. And his lawyers will make the argument that there is a real possibility of poisoning the jury pool if these records are released. The prosecution may well make that argument, as well. You may find an interesting alliance here, uncharacteristicly. And it's only the media that wants these items released.

So it's not that he gets special treatment because he's famous. It's that his lawyers will argue he's in a different situation just because of the nature of how the documents will be treated. So the argument is will he be unduly penalized by having this stuff released, not does he get some sort of special rights?

PHILLIPS: You make a good point about the accuser statement. Of course there's a curiosity there. Everybody wants to hear what is in the statement and what actually went on, allegedly. If, indeed, that is released, I mean that's pretty powerful stuff, right?

TOOBIN: Absolutely. I mean this case -- we know from the statement that Kobe Bryant and his wife released on the day that he was arrested that he is not going to argue that there was no sexual contact.

The issue here, very simply is, consent. Did the accuser consent to the sexual relations? Did both sides concede that it took place? And what makes this so uncomfortable and what make this is trial likely to be so ugly is that the defense is -- and has to be -- she's a liar. and so we're going to see what the target is that the defense is going to be shooting at, her statement. And it will be absolutely critical in the case what she said, when she said it, how she said it, and what physical evidence, if any, backs her story up.

PHILLIPS: Jeffrey Toobin, we know you're monitoring things for us. Thank you.

TOOBIN: I'll be here.

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




Records?>


Aired July 31, 2003 - 14:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Now how likely is the judge to release those court records and how would it affect the case? Let's bring in our legal analyst Jeffrey Toobin. He's live in New York. Jeffrey, hi.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Kyra.

PHILLIPS: Well let's talk about first -- do you think he will? Or -- do you think he will release the documents? Let's begin there.

TOOBIN: You know, Kyra, I'm going to give you a ringing I don't know. I really don't know. This is a tough one because under Colorado law, like most states, these documents are presumptively public. That is usually they are public.

But here you have, of course, a very high-profile trial win tense media interest. The jury pool in Colorado will absorb all this information, if it's released. That's something that's going to concern the judge a lot.

I think in the judge's questioning here, he's going to give a real signal of how he is thinking about those issues. And I think the very fact that he allotted all this time, three hours is a long time, shows he that thinks it's a pretty tough call, too.

PHILLIPS: You bring up the fact he's a big star. Let's go back to media law classes that we had millions of moons ago. I mean someone who is in the limelight like a Kobe Bryant, I mean that shouldn't play a part, right? He shouldn't have any type of special circumstances just because he's a big star. Doesn't mean those should be kept secret, right?

TOOBIN: No, but he is entitled to a fair trial, like everyone else. And his lawyers will make the argument that there is a real possibility of poisoning the jury pool if these records are released. The prosecution may well make that argument, as well. You may find an interesting alliance here, uncharacteristicly. And it's only the media that wants these items released.

So it's not that he gets special treatment because he's famous. It's that his lawyers will argue he's in a different situation just because of the nature of how the documents will be treated. So the argument is will he be unduly penalized by having this stuff released, not does he get some sort of special rights?

PHILLIPS: You make a good point about the accuser statement. Of course there's a curiosity there. Everybody wants to hear what is in the statement and what actually went on, allegedly. If, indeed, that is released, I mean that's pretty powerful stuff, right?

TOOBIN: Absolutely. I mean this case -- we know from the statement that Kobe Bryant and his wife released on the day that he was arrested that he is not going to argue that there was no sexual contact.

The issue here, very simply is, consent. Did the accuser consent to the sexual relations? Did both sides concede that it took place? And what makes this so uncomfortable and what make this is trial likely to be so ugly is that the defense is -- and has to be -- she's a liar. and so we're going to see what the target is that the defense is going to be shooting at, her statement. And it will be absolutely critical in the case what she said, when she said it, how she said it, and what physical evidence, if any, backs her story up.

PHILLIPS: Jeffrey Toobin, we know you're monitoring things for us. Thank you.

TOOBIN: I'll be here.

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




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