Return to Transcripts main page

American Morning

Analysis With Vinnie Politan

Aired September 03, 2003 - 08:06   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 legal team for Kobe Bryant has requested the medical records of the woman accusing him of rape. The hospital says these are confidential records that cannot be given out.
Vinnie Politan, a lawyer and reporter for Court TV here now to talk about both of these developments this morning.

Nice to see you, Vinnie.

Good morning.

VINNIE POLITAN, COURT TV: Nice to see you.

HEMMER: Let's start in Colorado right now. The judge has these records, apparently, and it's up to him to decide whether or not he shows them to both sides? How does it work?

POLITAN: Right. What a judge can do is look at the records, determine if they're relevant, if they're admissible. He could look at these records and say you know what? This wouldn't be admissible at trial. As a result, you don't get to see them, defense attorney. So that could happen.

Or he could say they are relevant and the defense will get their hands on them and they can use them to cross-examine the accuser.

HEMMER: But what about the hospital's argument? They're essentially saying hey, you can't do this, destroy the records, give them back, keep them under seal. Do they have a case?

POLITAN: They do. It's really a balancing test here. You're balancing the rights, the privacy rights of the hospital and the patient, who is the accuser in this case, versus the rights of a criminal defendant. So that's a balancing test that the judge has to look at and the judge has to interpret, and he'll make the decision. That decision may be appealed, though.

HEMMER: So what you're saying is that the judge will make a decision based on the relevancy of the evidence as he sees it.

POLITAN: The relevancy and...

HEMMER: As judge over this case and whether or not it applies right now to Kobe Bryant?

POLITAN: Exactly. If it's admissible and if it's relevant. And if he determines that it is, then they get the records and they can use them.

HEMMER: How often do you see it, that medical records are brought in from previous instances?

POLITAN: Well, in this case, it's going to be difficult because not only do they have to get over that hurdle, but there's also the rape shield laws, which are very strong in Colorado, which protect alleged victims. So if they can overcome that, you know, they may be able to. But it is rare.

HEMMER: Is the judge trying to decide the mental state of the accuser? Is that what he's looking for?

POLITAN: Not necessarily. He's trying to determine if that mental state is relevant to the defense's case, is relevant to this proceeding, the litigation in this case.

HEMMER: All right, let's move on to what's happening in Arizona. Was that state just doing it wrong, regarding death sentences?

POLITAN: Well, they were doing it wrong. And last year the Supreme Court handed down a decision saying that it's a jury that has to sentence someone to death, not a judge. So Arizona and a couple of other states changed their laws.

What happened, though, before 2002, last year, there were a whole bunch of people who were already sentenced by judges to death. And it's those sentences which have been overturned.

So that's really, you know, what happened here. The law was wrong, it was corrected, but now the people that were subject to the old law have also now gotten a second chance.

HEMMER: Do you believe juries are more qualified than judges to hand out these sentences?

POLITAN: Absolutely, and I'll tell you why, because judges are, can be more affected by politics and by public sentiment going one way or the other. Some of these judges in some states are elected. Do you want to be the judge that let this killer off the hook? No. So, you know, there are other influences on judges that don't necessarily influence a jury.

HEMMER: All right...

POLITAN: And, remember, a jury is 12 people, it's not just one person making that decision.

HEMMER: Very true. Good point. Well noted. There are cases pending in Colorado, also, Nebraska, outside the jurisdiction of the Ninth Circuit Court of Appeals. What happens now? Is this the next shoe to drop?

POLITAN: Well, in that -- in those two circuits, the court there said you know what? It doesn't apply. It doesn't apply retroactively. Those people are still going to be sentenced to death. So now you have this decision in the Ninth Circuit, which is different than the decision in two other circuits. So it may all go up to the Supreme Court and they'll be the ones to decide it all.

HEMMER: Listen, we're going to need a flow chart before this is all over.

POLITAN: Absolutely.

HEMMER: What about 45 other states? The impact there is what? Or are you waiting now for the potential for an appeal at the highest court?

POLITAN: There is no impact in those 45 other states because the 45 other states let juries make that decision.

HEMMER: Yes.

POLITAN: These are the five states where the judges were making those decisions.

HEMMER: How far is this going, do you think? Back to D.C.?

POLITAN: Oh, it's going all the way. Absolutely.

HEMMER: No doubt?

POLITAN: Well, nothing is absolute, but I would bet on it.

HEMMER: Good to see you, Vinnie.

POLITAN: Thanks.

HEMMER: Thanks, from Court TV.

POLITAN: Nice to see you, Bill.

HEMMER: Nice to see you.

POLITAN: All right.

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 September 3, 2003 - 08:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The legal team for Kobe Bryant has requested the medical records of the woman accusing him of rape. The hospital says these are confidential records that cannot be given out.
Vinnie Politan, a lawyer and reporter for Court TV here now to talk about both of these developments this morning.

Nice to see you, Vinnie.

Good morning.

VINNIE POLITAN, COURT TV: Nice to see you.

HEMMER: Let's start in Colorado right now. The judge has these records, apparently, and it's up to him to decide whether or not he shows them to both sides? How does it work?

POLITAN: Right. What a judge can do is look at the records, determine if they're relevant, if they're admissible. He could look at these records and say you know what? This wouldn't be admissible at trial. As a result, you don't get to see them, defense attorney. So that could happen.

Or he could say they are relevant and the defense will get their hands on them and they can use them to cross-examine the accuser.

HEMMER: But what about the hospital's argument? They're essentially saying hey, you can't do this, destroy the records, give them back, keep them under seal. Do they have a case?

POLITAN: They do. It's really a balancing test here. You're balancing the rights, the privacy rights of the hospital and the patient, who is the accuser in this case, versus the rights of a criminal defendant. So that's a balancing test that the judge has to look at and the judge has to interpret, and he'll make the decision. That decision may be appealed, though.

HEMMER: So what you're saying is that the judge will make a decision based on the relevancy of the evidence as he sees it.

POLITAN: The relevancy and...

HEMMER: As judge over this case and whether or not it applies right now to Kobe Bryant?

POLITAN: Exactly. If it's admissible and if it's relevant. And if he determines that it is, then they get the records and they can use them.

HEMMER: How often do you see it, that medical records are brought in from previous instances?

POLITAN: Well, in this case, it's going to be difficult because not only do they have to get over that hurdle, but there's also the rape shield laws, which are very strong in Colorado, which protect alleged victims. So if they can overcome that, you know, they may be able to. But it is rare.

HEMMER: Is the judge trying to decide the mental state of the accuser? Is that what he's looking for?

POLITAN: Not necessarily. He's trying to determine if that mental state is relevant to the defense's case, is relevant to this proceeding, the litigation in this case.

HEMMER: All right, let's move on to what's happening in Arizona. Was that state just doing it wrong, regarding death sentences?

POLITAN: Well, they were doing it wrong. And last year the Supreme Court handed down a decision saying that it's a jury that has to sentence someone to death, not a judge. So Arizona and a couple of other states changed their laws.

What happened, though, before 2002, last year, there were a whole bunch of people who were already sentenced by judges to death. And it's those sentences which have been overturned.

So that's really, you know, what happened here. The law was wrong, it was corrected, but now the people that were subject to the old law have also now gotten a second chance.

HEMMER: Do you believe juries are more qualified than judges to hand out these sentences?

POLITAN: Absolutely, and I'll tell you why, because judges are, can be more affected by politics and by public sentiment going one way or the other. Some of these judges in some states are elected. Do you want to be the judge that let this killer off the hook? No. So, you know, there are other influences on judges that don't necessarily influence a jury.

HEMMER: All right...

POLITAN: And, remember, a jury is 12 people, it's not just one person making that decision.

HEMMER: Very true. Good point. Well noted. There are cases pending in Colorado, also, Nebraska, outside the jurisdiction of the Ninth Circuit Court of Appeals. What happens now? Is this the next shoe to drop?

POLITAN: Well, in that -- in those two circuits, the court there said you know what? It doesn't apply. It doesn't apply retroactively. Those people are still going to be sentenced to death. So now you have this decision in the Ninth Circuit, which is different than the decision in two other circuits. So it may all go up to the Supreme Court and they'll be the ones to decide it all.

HEMMER: Listen, we're going to need a flow chart before this is all over.

POLITAN: Absolutely.

HEMMER: What about 45 other states? The impact there is what? Or are you waiting now for the potential for an appeal at the highest court?

POLITAN: There is no impact in those 45 other states because the 45 other states let juries make that decision.

HEMMER: Yes.

POLITAN: These are the five states where the judges were making those decisions.

HEMMER: How far is this going, do you think? Back to D.C.?

POLITAN: Oh, it's going all the way. Absolutely.

HEMMER: No doubt?

POLITAN: Well, nothing is absolute, but I would bet on it.

HEMMER: Good to see you, Vinnie.

POLITAN: Thanks.

HEMMER: Thanks, from Court TV.

POLITAN: Nice to see you, Bill.

HEMMER: Nice to see you.

POLITAN: All right.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com