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Media May be Barred From Bryant Preliminary Court Hearing
Aired October 02, 2003 - 15:30 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.
MILES O'BRIEN, CNN ANCHOR: We begin the half hour with some big calls in the Kobe Bryant case. The NBA superstar faces a preliminary hearing a week from today on charges he raped a Colorado hotel worker back in June. CNN's Gary Tuchman is here to give us the latest on a couple of significant court rulings, one affecting the accuser and another affecting the media. And ultimately, affecting Kobe Bryant and his defense. Gary, take it away.
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: The preliminary hearing is scheduled for October 9. That's exactly a week from today. The judge today said that the woman, the accuser, will not have to be in the courtroom. Kobe Bryant's attorneys said they wanted her inside the courtroom during that preliminary hearing, wanted a chance to cross examine her. The judge said it is not necessary.
The purpose of the preliminary hearing is to see if there is probable cause to bound this over for trial. Probable cause basically means is there a chance that Kobe Bryant committed the crime. It's not proof beyond a reasonable doubt. The judge says victory for the prosecution. The defense will not get her in the court.
Also, the defense said it wanted the hearing closed to the press, wanted it to be private so no details would leak. The judge had already decided there would be no cameras in the court. Today the judge said because of the nature of the case, he will consider possibly closing all or parts of it.
Right now he says it will stay open. But 45 minutes before the preliminary hearing starts on Thursday, he will hold a meeting in private, with the attorneys and will then decide will to close parts or all of the preliminary hearing.
One other thing, the defense wanted access to this woman's medical records. According to sources, she overdosed at least once. That's part of the medical records. The judge said he would not allow the defense to have the medical records but would allow future judges in this case -- this case will likely ultimately be bounded to a district court instead of the county court now. And he'll let that judge make the determination whether medical records should go to the defense.
So at this point we don't know in the news media will be allowed to cover this. This will be the first time we hear any information publicly about the allegations. They include what the prosecution says it will show are pictures of the alleged injuries this woman suffered. Also videotaped testimony from this woman, and an audiotape from Kobe Bryant the day after.
O'BRIEN: So the chances of that occurring and the defense allowing this hearing to go forward with the media there, slim to none.
TUCHMAN: I think it's very unlikely that reporters will be allowed inside this courtroom to see the videotape and the injuries. One thing the defense has the option, if the judge says it should all be open, the defense at the last minute could say we waive the hearing, we don't want it to be held.
O'BRIEN: Gary Tuchman, keeping us up to date, thank you very much.
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 2, 2003 - 15:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: We begin the half hour with some big calls in the Kobe Bryant case. The NBA superstar faces a preliminary hearing a week from today on charges he raped a Colorado hotel worker back in June. CNN's Gary Tuchman is here to give us the latest on a couple of significant court rulings, one affecting the accuser and another affecting the media. And ultimately, affecting Kobe Bryant and his defense. Gary, take it away.
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: The preliminary hearing is scheduled for October 9. That's exactly a week from today. The judge today said that the woman, the accuser, will not have to be in the courtroom. Kobe Bryant's attorneys said they wanted her inside the courtroom during that preliminary hearing, wanted a chance to cross examine her. The judge said it is not necessary.
The purpose of the preliminary hearing is to see if there is probable cause to bound this over for trial. Probable cause basically means is there a chance that Kobe Bryant committed the crime. It's not proof beyond a reasonable doubt. The judge says victory for the prosecution. The defense will not get her in the court.
Also, the defense said it wanted the hearing closed to the press, wanted it to be private so no details would leak. The judge had already decided there would be no cameras in the court. Today the judge said because of the nature of the case, he will consider possibly closing all or parts of it.
Right now he says it will stay open. But 45 minutes before the preliminary hearing starts on Thursday, he will hold a meeting in private, with the attorneys and will then decide will to close parts or all of the preliminary hearing.
One other thing, the defense wanted access to this woman's medical records. According to sources, she overdosed at least once. That's part of the medical records. The judge said he would not allow the defense to have the medical records but would allow future judges in this case -- this case will likely ultimately be bounded to a district court instead of the county court now. And he'll let that judge make the determination whether medical records should go to the defense.
So at this point we don't know in the news media will be allowed to cover this. This will be the first time we hear any information publicly about the allegations. They include what the prosecution says it will show are pictures of the alleged injuries this woman suffered. Also videotaped testimony from this woman, and an audiotape from Kobe Bryant the day after.
O'BRIEN: So the chances of that occurring and the defense allowing this hearing to go forward with the media there, slim to none.
TUCHMAN: I think it's very unlikely that reporters will be allowed inside this courtroom to see the videotape and the injuries. One thing the defense has the option, if the judge says it should all be open, the defense at the last minute could say we waive the hearing, we don't want it to be held.
O'BRIEN: Gary Tuchman, keeping us up to date, thank you very much.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
