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Will Judge Unseal Key Documents in Kobe Bryant Case?
Aired August 18, 2003 - 13:28 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: What evidence do Colorado prosecutors have in the Kobe Bryant sexual assault case? Well, the media has been fighting to get the details. And now the judge in the case could soon decide on whether to make that information public.
Our Gary Tuchman spoke with the judge and joins me now from Eagle, Colorado, with that.
Gary -- what did he have to say?
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Kyra, we can tell you, you know, Kobe Bryant was officially charged exactly one month ago today. And since this case broke, there has been not one fact released from the court file, and that's the way prosecutors and defense attorneys want it, but media attorneys have argued otherwise.
So, I did talk to the judge today, and Judge Frederick Gannett tells me he will make a decision on whether to unseal some or all of the court files early this week -- if not today, then definitely by Wednesday.
I asked him if he's made the decision yet. He says, yes, he has made the decision. But now he's in the process of formulating the order.
Now, it was August 6 when Kobe Bryant was in court for his initial appearance in the courthouse building behind me. The hearing lasted seven minutes. A preliminary hearing was set up for October 9. During that hearing, the prosecution will be forced to reveal some of its evidence in order for the judge to decide if this case should go to trial.
So, this, in essence, would speed up the process of releasing some of the evidence in the case. And for the first time we would have information about why law enforcement officials arrested Kobe Bryant.
The judge's three decisions he could make: He could decide to keep all of the files sealed; he could decide to unseal all of the files; or he could decide to unseal some of the files.
And a caveat to all of that, if he decides to unseal some or all of the files, he could also say we need some redactions -- in other words, we need to cross out some of the names and some of the sensitive issues on these papers.
One thing we should point out: If he does make the decision to release some of the files, that doesn't necessarily mean we would get the court files right away, because there could be arguing between the defense and the prosecution about what should be redacted on those files. So, it may not all happen at once.
And, one other thing we want to point out: The defense won't be learning anything when this is released, because right now, they're in the middle of the discovery process. And the prosecution is required to give some of its information to the defense, so the defense knows fully well what would be released if, indeed, the judge decides to release it.
But if he does release it, Kyra, what it means is that for the first time we will factually know what authorities have to say about the allegations against Kobe Bryant -- Kyra.
PHILLIPS: Our Gary Tuchman live from Eagle, Colorado. Thanks, Gary.
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 August 18, 2003 - 13:28 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: What evidence do Colorado prosecutors have in the Kobe Bryant sexual assault case? Well, the media has been fighting to get the details. And now the judge in the case could soon decide on whether to make that information public.
Our Gary Tuchman spoke with the judge and joins me now from Eagle, Colorado, with that.
Gary -- what did he have to say?
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Kyra, we can tell you, you know, Kobe Bryant was officially charged exactly one month ago today. And since this case broke, there has been not one fact released from the court file, and that's the way prosecutors and defense attorneys want it, but media attorneys have argued otherwise.
So, I did talk to the judge today, and Judge Frederick Gannett tells me he will make a decision on whether to unseal some or all of the court files early this week -- if not today, then definitely by Wednesday.
I asked him if he's made the decision yet. He says, yes, he has made the decision. But now he's in the process of formulating the order.
Now, it was August 6 when Kobe Bryant was in court for his initial appearance in the courthouse building behind me. The hearing lasted seven minutes. A preliminary hearing was set up for October 9. During that hearing, the prosecution will be forced to reveal some of its evidence in order for the judge to decide if this case should go to trial.
So, this, in essence, would speed up the process of releasing some of the evidence in the case. And for the first time we would have information about why law enforcement officials arrested Kobe Bryant.
The judge's three decisions he could make: He could decide to keep all of the files sealed; he could decide to unseal all of the files; or he could decide to unseal some of the files.
And a caveat to all of that, if he decides to unseal some or all of the files, he could also say we need some redactions -- in other words, we need to cross out some of the names and some of the sensitive issues on these papers.
One thing we should point out: If he does make the decision to release some of the files, that doesn't necessarily mean we would get the court files right away, because there could be arguing between the defense and the prosecution about what should be redacted on those files. So, it may not all happen at once.
And, one other thing we want to point out: The defense won't be learning anything when this is released, because right now, they're in the middle of the discovery process. And the prosecution is required to give some of its information to the defense, so the defense knows fully well what would be released if, indeed, the judge decides to release it.
But if he does release it, Kyra, what it means is that for the first time we will factually know what authorities have to say about the allegations against Kobe Bryant -- Kyra.
PHILLIPS: Our Gary Tuchman live from Eagle, Colorado. Thanks, Gary.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
