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American Morning
Judge in Bryant Case Limiting What Attorneys Can Say to Media
Aired July 25, 2003 - 08:17 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: The judge in the Kobe Bryant sexual assault case limiting what attorneys can say to the media.
For more on this and what it may mean in Colorado, criminal defense attorney Jayne Weintraub back with us live in Miami.
Good to see you.
Happy Friday, Jayne.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill.
How are you?
HEMMER: I'm doing just fine, thanks.
Is this a judge trying to get control right now?
WEINTRAUB: I think it's a judge just putting their foot down and saying this is a reminder, everybody, you are all under the rules and regulations of the American Bar Association. This is not a gag order, per se, Bill. What it is is a wake up call. Don't violate the rules of canons and ethics that you're bound by or you're going to be held in contempt. That's all it is.
HEMMER: So even though it's, even though he hasn't gone far enough to say it's a gag order, if you violate this order, he could hold you in contempt, is what you're saying?
WEINTRAUB: That's correct. But remember, Bill, I mean I haven't seen the defense lawyers do anything except have one press conference when the charges were actually brought.
HEMMER: Well, do you think it's...
WEINTRAUB: They were professional...
HEMMER: Yes, do you think it's directed towards some of the potential witnesses, maybe? Apparently a lot of her friends have been talking.
WEINTRAUB: I think it's directed towards the witnesses and law enforcement. I've seen them all on TV and I think it's a wake up call that they'd better clam up, be quiet and let the process take over.
HEMMER: Why not just go the full way? Why not just put the gag order out there? WEINTRAUB: Well, in order to issue a gag order, certain relevant, you know, certain things have to happen first, certain criteria, and they haven't happened. There isn't this lash of publicity from the lawyers or from the both parties. And it's very difficult to bring in all the witnesses or potential witnesses. They're not even listed yet.
HEMMER: Well, what do you know of the defense team? Pamela Mackey, how had?
WEINTRAUB: What I've heard and what I've read is that they both enjoy excellent reputations, not only in Colorado, but through the nation. And as you can see by the way they're conducting themselves here, they're very tight to the vest. They'll wait till court and they'll come out punching.
HEMMER: There are some who are talking about it's good to take the attorneys from Colorado because they're much more local than coming in there, say, with a high profile slick team from Los Angeles. Your view on that as a strategy?
WEINTRAUB: Well, I think that it helps to have local lawyers no matter where you are. As a matter of having slick lawyers from L.A. or good lawyers from Colorado, I think slick anywhere is going to be a negative. But it would have been understandable if he chose lawyers in Los Angeles, because that's where he lives and that's where he's from. If he brings in other lawyers, I don't think it's going to matter. I think that he has an excellent team in place.
HEMMER: Let's get to the news that CNN confirmed yesterday. The University of Northern Colorado in Greeley, Colorado, about 35 miles north of Denver, I believe, apparently back in February there was a 9/11 call made. There's talk about an attempted suicide.
How do you believe, as we forecast down the road, something like this, if, indeed, true, and, if, indeed, it plays out in court, could impact this case?
WEINTRAUB: Well, those are two different premises, Bill.
I think that the first issue is whether or not it happened is irrelevant. But whether or not it comes into court at the trial is what's important, whether or not it's admissible. Is it relevant evidence to the charges that will, you know, that are filed against Kobe Bryant?
We don't know the answer to that right now. Assuming that it's an overdose or assuming it's an attempted suicide, I'm not here to trash the victim. But remember, Kobe Bryant is presumed innocent and the issues of credibility have got to be legitimately explored by the defense team. That doesn't mean airing it in public. I mean maybe there is a half way point here where the lawyers or the participants or the parties that are in need of this personal information get it, decide if it's relevant and then they have a hearing on it.
HEMMER: August 6, Kobe Bryant goes back to Colorado. The cameras will be there then, don't you think, in a big way?
WEINTRAUB: I'm sure they will be. But you don't want to know my views on cameras in the courtroom.
HEMMER: OK, we'll do it next week, how's that?
WEINTRAUB: That'll be great. I'll look forward to it, Bill.
HEMMER: We'll have something to look forward to.
Have a good weekend, Jayne.
Thanks.
WEINTRAUB: You, too, Bill.
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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Aired July 25, 2003 - 08:17 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The judge in the Kobe Bryant sexual assault case limiting what attorneys can say to the media.
For more on this and what it may mean in Colorado, criminal defense attorney Jayne Weintraub back with us live in Miami.
Good to see you.
Happy Friday, Jayne.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill.
How are you?
HEMMER: I'm doing just fine, thanks.
Is this a judge trying to get control right now?
WEINTRAUB: I think it's a judge just putting their foot down and saying this is a reminder, everybody, you are all under the rules and regulations of the American Bar Association. This is not a gag order, per se, Bill. What it is is a wake up call. Don't violate the rules of canons and ethics that you're bound by or you're going to be held in contempt. That's all it is.
HEMMER: So even though it's, even though he hasn't gone far enough to say it's a gag order, if you violate this order, he could hold you in contempt, is what you're saying?
WEINTRAUB: That's correct. But remember, Bill, I mean I haven't seen the defense lawyers do anything except have one press conference when the charges were actually brought.
HEMMER: Well, do you think it's...
WEINTRAUB: They were professional...
HEMMER: Yes, do you think it's directed towards some of the potential witnesses, maybe? Apparently a lot of her friends have been talking.
WEINTRAUB: I think it's directed towards the witnesses and law enforcement. I've seen them all on TV and I think it's a wake up call that they'd better clam up, be quiet and let the process take over.
HEMMER: Why not just go the full way? Why not just put the gag order out there? WEINTRAUB: Well, in order to issue a gag order, certain relevant, you know, certain things have to happen first, certain criteria, and they haven't happened. There isn't this lash of publicity from the lawyers or from the both parties. And it's very difficult to bring in all the witnesses or potential witnesses. They're not even listed yet.
HEMMER: Well, what do you know of the defense team? Pamela Mackey, how had?
WEINTRAUB: What I've heard and what I've read is that they both enjoy excellent reputations, not only in Colorado, but through the nation. And as you can see by the way they're conducting themselves here, they're very tight to the vest. They'll wait till court and they'll come out punching.
HEMMER: There are some who are talking about it's good to take the attorneys from Colorado because they're much more local than coming in there, say, with a high profile slick team from Los Angeles. Your view on that as a strategy?
WEINTRAUB: Well, I think that it helps to have local lawyers no matter where you are. As a matter of having slick lawyers from L.A. or good lawyers from Colorado, I think slick anywhere is going to be a negative. But it would have been understandable if he chose lawyers in Los Angeles, because that's where he lives and that's where he's from. If he brings in other lawyers, I don't think it's going to matter. I think that he has an excellent team in place.
HEMMER: Let's get to the news that CNN confirmed yesterday. The University of Northern Colorado in Greeley, Colorado, about 35 miles north of Denver, I believe, apparently back in February there was a 9/11 call made. There's talk about an attempted suicide.
How do you believe, as we forecast down the road, something like this, if, indeed, true, and, if, indeed, it plays out in court, could impact this case?
WEINTRAUB: Well, those are two different premises, Bill.
I think that the first issue is whether or not it happened is irrelevant. But whether or not it comes into court at the trial is what's important, whether or not it's admissible. Is it relevant evidence to the charges that will, you know, that are filed against Kobe Bryant?
We don't know the answer to that right now. Assuming that it's an overdose or assuming it's an attempted suicide, I'm not here to trash the victim. But remember, Kobe Bryant is presumed innocent and the issues of credibility have got to be legitimately explored by the defense team. That doesn't mean airing it in public. I mean maybe there is a half way point here where the lawyers or the participants or the parties that are in need of this personal information get it, decide if it's relevant and then they have a hearing on it.
HEMMER: August 6, Kobe Bryant goes back to Colorado. The cameras will be there then, don't you think, in a big way?
WEINTRAUB: I'm sure they will be. But you don't want to know my views on cameras in the courtroom.
HEMMER: OK, we'll do it next week, how's that?
WEINTRAUB: That'll be great. I'll look forward to it, Bill.
HEMMER: We'll have something to look forward to.
Have a good weekend, Jayne.
Thanks.
WEINTRAUB: You, too, Bill.
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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