Return to Transcripts main page
Live From...
Interview With Karen Russell
Aired November 13, 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.
MILES O'BRIEN, CNN ANCHOR: Trial attorney Karen Russell believes some major mistakes have been made in the Kobe Bryant case already. She's already predicting an acquittal. She joins us live from Seattle. Karen kind of early to predict an acquittal. You feel pretty certain about that?
KAREN RUSSELL, TRIAL ATTORNEY: I feel certain about that. I think the prosecution has a really weak case. I think this really comes down to an issue of consent. And in the accused -- the accuser's own words, she didn't say no. And when she did say no -- or indicate no, Kobe Bryant stopped. So I'm not really sure how that actually is rape.
RUSSELL: All right. Let's talk about some of the specifics here. Is it very likely there will be a venue change here? Do you think that's appropriate?
RUSSELL: Well, you know, Kobe's people are now polling potential jurors. And I do think it's likely that he'll ask for this. And I think part of that is in response to what's happening around law enforcement in Eagle County.
There was a racial profiling case here before and the sheriff's office tried to buy a bunch t-shirts that were, you know, "Hang Kobe" t-shirts. So I think that indicates that law enforcement there may not be unbiased. And I think that gives the defense argument to move for a venue change, a little more credibility.
O'BRIEN: And apparently, the chief of police there said he can't control his police officers wearing a t-shirt depicting Kobe Bryant hanging off duty.
RUSSELL: They have a First Amendment right to wear those off duty. I do think it does send a curious signal, though, to people about Sheriff Hoy (ph) and whether or not law enforcement was out to get Kobe from the very beginning.
O'BRIEN: Any surprise he didn't enter a plea today? Is that something you would expect?
RUSSELL: Well, you know, this case has been full of surprises. We all thought he wouldn't have a preliminary hearing. So it's hard to second guest what Pamela Mackey might do. But so far, she really hasn't had a misstep.
O'BRIEN: All right, and finally, the forensic evidence will be crucial as it will go to some of the issues of the credibility of the accuser. Are we apt to see more of this talk and debate over how much this should be entered into the record?
RUSSELL: I think for me, the most interesting thing today is the debate about the Colorado Bureau of Investigation, CBI. They have this evidence that was collected. I think it's presumably the rape kit. And one of the swabs has not been tested. This came out in the transcript of the preliminary hearing.
Now people on Kobe's side wonder why the prosecution doesn't want -- don't want to have this evidence tested. So Mark Hurlburg has 15 days to file a motion about this. He'll file it under seal. But I'm curious to know what this evidence is and why they don't want it tested.
O'BRIEN: Karen Russell, defense attorney, we appreciate you weighing in on the case.
RUSSELL: Thank you.
O'BRIEN: We'll see you again soon.
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 November 13, 2003 - 13:28 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Trial attorney Karen Russell believes some major mistakes have been made in the Kobe Bryant case already. She's already predicting an acquittal. She joins us live from Seattle. Karen kind of early to predict an acquittal. You feel pretty certain about that?
KAREN RUSSELL, TRIAL ATTORNEY: I feel certain about that. I think the prosecution has a really weak case. I think this really comes down to an issue of consent. And in the accused -- the accuser's own words, she didn't say no. And when she did say no -- or indicate no, Kobe Bryant stopped. So I'm not really sure how that actually is rape.
RUSSELL: All right. Let's talk about some of the specifics here. Is it very likely there will be a venue change here? Do you think that's appropriate?
RUSSELL: Well, you know, Kobe's people are now polling potential jurors. And I do think it's likely that he'll ask for this. And I think part of that is in response to what's happening around law enforcement in Eagle County.
There was a racial profiling case here before and the sheriff's office tried to buy a bunch t-shirts that were, you know, "Hang Kobe" t-shirts. So I think that indicates that law enforcement there may not be unbiased. And I think that gives the defense argument to move for a venue change, a little more credibility.
O'BRIEN: And apparently, the chief of police there said he can't control his police officers wearing a t-shirt depicting Kobe Bryant hanging off duty.
RUSSELL: They have a First Amendment right to wear those off duty. I do think it does send a curious signal, though, to people about Sheriff Hoy (ph) and whether or not law enforcement was out to get Kobe from the very beginning.
O'BRIEN: Any surprise he didn't enter a plea today? Is that something you would expect?
RUSSELL: Well, you know, this case has been full of surprises. We all thought he wouldn't have a preliminary hearing. So it's hard to second guest what Pamela Mackey might do. But so far, she really hasn't had a misstep.
O'BRIEN: All right, and finally, the forensic evidence will be crucial as it will go to some of the issues of the credibility of the accuser. Are we apt to see more of this talk and debate over how much this should be entered into the record?
RUSSELL: I think for me, the most interesting thing today is the debate about the Colorado Bureau of Investigation, CBI. They have this evidence that was collected. I think it's presumably the rape kit. And one of the swabs has not been tested. This came out in the transcript of the preliminary hearing.
Now people on Kobe's side wonder why the prosecution doesn't want -- don't want to have this evidence tested. So Mark Hurlburg has 15 days to file a motion about this. He'll file it under seal. But I'm curious to know what this evidence is and why they don't want it tested.
O'BRIEN: Karen Russell, defense attorney, we appreciate you weighing in on the case.
RUSSELL: Thank you.
O'BRIEN: We'll see you again soon.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
