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American Morning
Kobe Bryant Case
Aired July 14, 2003 - 09:17 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.
BILL HEMMER, CNN ANCHOR: More now with criminal defense attorney Mickey Sherman, our guest now on AMERICAN MORNING.
Welcome back. Good to see you.
Comments, at first blush, what do you make of that?
MICKEY SHERMAN, CRIMINAL DEFENSE ATTY.: It's too early to tell. One problem we're having is acquaintance rape or a date rape situation. Usually the issue is consent. And it's very often a he said/she said. In the absence of physical injury, it's very tough for a jury to make a decision.
HEMMER: As a defense attorney, you get this case in court, how do you defend them?
SHERMAN: Basically saying I didn't do it, or I didn't commit a sexual assault against someone's will. Did I have sex, probably? If, in fact, the evidence substantiates that. That's what they're trying to find out. Is there confirmation of semen, some kind of chemical fluids, whatever. But I think the issue is probably going to come down to whether it was consensual.
HEMMER: Here's part of what he said, Mickey: "You know I would never do something like that." Here's what he did not say. He didn't come out and say, I'm innocent, there no assault, this never happened, don't believe it. Why not go with stronger words?
SHERMAN: I think that's exactly what he did. I disagree. I think the implication is, I didn't do it, and I think he's so smart to do that. So many times people, whether their celebrities or lay people, hide behind the lawyers, and say, well, I'm not saying anything.
I think a public figure like this, he should be out there, he should be in front of the camera itself not with his lawyer itself, saying I didn't do it. That's what he's doing.
HEMMER: If I'm 24 years old, got millions of dollar on the line, my record is squeaky clean, I've got an infant daughter, I'm newly married, two or three years ago, I'm on the highest building in L.A. saying, this ain't true, you're not going to take me down?
SHERMAN: I don't know if I'd be that aggressive. I think people would be resentful if he was too aggressive. I think he's saying it in a more understated way, hey, folks, you know me. He put his character on issue, which I think was a very smart move. I don't know whether that was him or his handlers. But the bottom line is he did it.
Folks, you know me, just wait and see what happens. You'll see I didn't commit this crime.
HEMMER: You represented a few high-profile clients. What's the good and the bad on this, when it comes to representing celebrities in court?
SHERMAN: It's good if they're a good celebrity. Bad if they're a bad celebrity.
HEMMER: This looks like a good celebrity?
SHERMAN: Yes, again, asking people to rely on his known reputation. With Mike Tyson wasn't a big help. But with Kobe Bryant, he's built up mountains of goodwill. With Martha Stewart, it was a negative. People have not traditionally liked her.
But with Kobe Bryant, he's trading on the fact that, you know him, he's got a track record of being a good guy. Now could he do something stupid? Of course. But he's asking people to believe in him at this stage. Let's wait for the evidence.
HEMMER: About a week ago, 10 days ago, there's a lot being made between the sheriff and the D.A. It appears, on the outside anyway, you know this better than anyone, the D.a. is probably waiting for forensic tests to come back before he moves forward. Sound viable or not?
SHERMAN: Frankly, no. And I got to tell you, I've got a real problem with this whole thing that he's been arrested, but not charged. You are either arrested or you're not. Maybe that's the law there. It just sounds a little cockamamie to me. The problem now is that when people commit a crime, you kind of know that the crime is being committed, especially sexual assault. If the D.A. is deliberating and waiting to see if this happens or that happens, if he's not sure, then how is the jury going to be sure later on?
HEMMER: Good point. Mickey, thanks. Come on back. We'll talk again, and argue it again in the near future. Mickey Sherman, defense attorney.
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 July 14, 2003 - 09:17 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: More now with criminal defense attorney Mickey Sherman, our guest now on AMERICAN MORNING.
Welcome back. Good to see you.
Comments, at first blush, what do you make of that?
MICKEY SHERMAN, CRIMINAL DEFENSE ATTY.: It's too early to tell. One problem we're having is acquaintance rape or a date rape situation. Usually the issue is consent. And it's very often a he said/she said. In the absence of physical injury, it's very tough for a jury to make a decision.
HEMMER: As a defense attorney, you get this case in court, how do you defend them?
SHERMAN: Basically saying I didn't do it, or I didn't commit a sexual assault against someone's will. Did I have sex, probably? If, in fact, the evidence substantiates that. That's what they're trying to find out. Is there confirmation of semen, some kind of chemical fluids, whatever. But I think the issue is probably going to come down to whether it was consensual.
HEMMER: Here's part of what he said, Mickey: "You know I would never do something like that." Here's what he did not say. He didn't come out and say, I'm innocent, there no assault, this never happened, don't believe it. Why not go with stronger words?
SHERMAN: I think that's exactly what he did. I disagree. I think the implication is, I didn't do it, and I think he's so smart to do that. So many times people, whether their celebrities or lay people, hide behind the lawyers, and say, well, I'm not saying anything.
I think a public figure like this, he should be out there, he should be in front of the camera itself not with his lawyer itself, saying I didn't do it. That's what he's doing.
HEMMER: If I'm 24 years old, got millions of dollar on the line, my record is squeaky clean, I've got an infant daughter, I'm newly married, two or three years ago, I'm on the highest building in L.A. saying, this ain't true, you're not going to take me down?
SHERMAN: I don't know if I'd be that aggressive. I think people would be resentful if he was too aggressive. I think he's saying it in a more understated way, hey, folks, you know me. He put his character on issue, which I think was a very smart move. I don't know whether that was him or his handlers. But the bottom line is he did it.
Folks, you know me, just wait and see what happens. You'll see I didn't commit this crime.
HEMMER: You represented a few high-profile clients. What's the good and the bad on this, when it comes to representing celebrities in court?
SHERMAN: It's good if they're a good celebrity. Bad if they're a bad celebrity.
HEMMER: This looks like a good celebrity?
SHERMAN: Yes, again, asking people to rely on his known reputation. With Mike Tyson wasn't a big help. But with Kobe Bryant, he's built up mountains of goodwill. With Martha Stewart, it was a negative. People have not traditionally liked her.
But with Kobe Bryant, he's trading on the fact that, you know him, he's got a track record of being a good guy. Now could he do something stupid? Of course. But he's asking people to believe in him at this stage. Let's wait for the evidence.
HEMMER: About a week ago, 10 days ago, there's a lot being made between the sheriff and the D.A. It appears, on the outside anyway, you know this better than anyone, the D.a. is probably waiting for forensic tests to come back before he moves forward. Sound viable or not?
SHERMAN: Frankly, no. And I got to tell you, I've got a real problem with this whole thing that he's been arrested, but not charged. You are either arrested or you're not. Maybe that's the law there. It just sounds a little cockamamie to me. The problem now is that when people commit a crime, you kind of know that the crime is being committed, especially sexual assault. If the D.A. is deliberating and waiting to see if this happens or that happens, if he's not sure, then how is the jury going to be sure later on?
HEMMER: Good point. Mickey, thanks. Come on back. We'll talk again, and argue it again in the near future. Mickey Sherman, defense attorney.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
