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American Morning

Kobe Bryant Case

Aired October 09, 2003 - 07:19   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.


SOLEDAD O'BRIEN, CNN ANCHOR: Now to what could be a big day in the sexual assault case against Kobe Bryant. A preliminary hearing is scheduled, but it might not happen.
CNN's Gary Tuchman joins us now from Eagle, Colorado, to explain.

Gary -- good morning.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Soledad, good morning to you.

We know for sure that Kobe Bryant will be here, but if his attorneys think it's counterproductive, they could cancel the preliminary hearing with its unveiling of public evidence at the very last minute. If they do that, there would be a very short bond hearing. But either way, this case is on track to trial.

(BEGIN VIDEOTAPE)

TUCHMAN (voice-over): Kobe Bryant is getting ready for the upcoming NBA season, which, in a worst-case scenario for him, could be his last NBA season.

KOBE BRYANT, DEFENDANT: In this world, people think like a (UNINTELLIGIBLE) game is pressure. Are you kidding me?

TUCHMAN: A guilty verdict on felony sexual assault carries a maximum sentence of life in prison, and the 25-year-old Lakers star provided the first hint of what his defense might be.

BRYANT: I didn't force her to do anything against her will. I'm innocent.

LARRY POZNER, COLORADO ATTORNEY: We know a lot that's important. We know it's a consent defense, which means he's going to say, yes, there was contact, or even yes, there was sexual contact. But at the time of the contact, it was with her will, too.

TUCHMAN: And what is known of the prosecution's case against Bryant?

MARK HURLBERT, DISTRICT ATTORNEY: I feel that after reviewing the evidence, after looking at the evidence that I can prove this case beyond a reasonable doubt.

TUCHMAN: District Attorney Mark Hurlbert has expressed confidence in his evidence, which includes photographs of the 19-year- old accuser after she was allegedly sexually assaulted.

DAVID LUGERT, COLORADO ATTORNEY: We only know in the theoretical sense that the D.A. claims he has evidence with respect to injuries that will demonstrate and corroborate the victim's claim that she was forcibly raped.

TUCHMAN: The prosecutor also says he has an audiotape of Kobe Bryant being interviewed about that night and a videotape interview with the woman.

But that leads to another question.

POZNER: Knowing that the D.A. has a tape doesn't tell us anything. What's on the tape?

(END VIDEOTAPE)

TUCHMAN: Well, we may learn what's on the tape today at 3:00 Eastern time, if the prosecution decides to play it and if the defense decides to go ahead with the hearing.

Incidentally, Soledad, it's now been exactly 100 days since the alleged crime occurred.

Back to you.

O'BRIEN: All right, Gary Tuchman, thanks for that update.

So, the question then: Just how likely is it that Bryant's defense team will waive the right to today's preliminary hearing and then just go directly to trial?

CNN's legal analyst Jeffrey Toobin joins us from Eagle, Colorado, this morning.

Hey, Jeffrey, good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Soledad.

O'BRIEN: For the legal neophytes, let's kind of back up a little bit. The preliminary hearing is to establish probable cause, whether this thing should go to trial at all.

TOOBIN: Correct.

O'BRIEN: Is there anyone realistically who thinks that would not happen? So, why not just go ahead and skip it right now?

TOOBIN: Well, you're right that everyone believes that this case will be, as it's called in Colorado, bound over for a full jury trial. The reason most defendants go forward in a preliminary hearing is that it gives them a chance to see the government's evidence, maybe cross- examine a few witnesses, get a little free discovery. That's in a normal case.

Here, we know for a fact that the prosecution is going to present the tape of the -- the videotape of the alleged victim, the photographs of the alleged victim and her injuries, and the audiotape of Kobe Bryant -- all of which will receive tremendous publicity, and all negative publicity for Kobe Bryant.

So, the thinking is, why go forward in this futile hearing if all of this bad publicity is going to come out and you're going to lose anyway? That's the argument against going forward with this hearing.

O'BRIEN: OK, a question then. As you said, normally, there would be an opportunity for the defense to cross-examine a witness. Why in this case does Kobe Bryant, he has to appear, and yet the woman who has made the allegations against him does not have to appear and will not be cross-examined?

TOOBIN: Because, under Colorado law, the preliminary hearing is solely to determine probable cause, and the government can prove that any way it likes, and it can't be forced to put on some kind of evidence and not other kinds of evidence. If they want to prove their case solely through the testimony of this one detective, which is their plan, that's their right.

In the trial before the jury, a completely different situation there. The alleged victim will certainly testify, and she will be cross-examined a great deal by the defense.

O'BRIEN: All right, well, as Gary mentioned, 100 days, and it feels like a lot more. Jeff Toobin, thanks. Appreciate your time.

TOOBIN: And there are more than 100 days still to go.

O'BRIEN: Yes, no question about that.

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 9, 2003 - 07:19   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Now to what could be a big day in the sexual assault case against Kobe Bryant. A preliminary hearing is scheduled, but it might not happen.
CNN's Gary Tuchman joins us now from Eagle, Colorado, to explain.

Gary -- good morning.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Soledad, good morning to you.

We know for sure that Kobe Bryant will be here, but if his attorneys think it's counterproductive, they could cancel the preliminary hearing with its unveiling of public evidence at the very last minute. If they do that, there would be a very short bond hearing. But either way, this case is on track to trial.

(BEGIN VIDEOTAPE)

TUCHMAN (voice-over): Kobe Bryant is getting ready for the upcoming NBA season, which, in a worst-case scenario for him, could be his last NBA season.

KOBE BRYANT, DEFENDANT: In this world, people think like a (UNINTELLIGIBLE) game is pressure. Are you kidding me?

TUCHMAN: A guilty verdict on felony sexual assault carries a maximum sentence of life in prison, and the 25-year-old Lakers star provided the first hint of what his defense might be.

BRYANT: I didn't force her to do anything against her will. I'm innocent.

LARRY POZNER, COLORADO ATTORNEY: We know a lot that's important. We know it's a consent defense, which means he's going to say, yes, there was contact, or even yes, there was sexual contact. But at the time of the contact, it was with her will, too.

TUCHMAN: And what is known of the prosecution's case against Bryant?

MARK HURLBERT, DISTRICT ATTORNEY: I feel that after reviewing the evidence, after looking at the evidence that I can prove this case beyond a reasonable doubt.

TUCHMAN: District Attorney Mark Hurlbert has expressed confidence in his evidence, which includes photographs of the 19-year- old accuser after she was allegedly sexually assaulted.

DAVID LUGERT, COLORADO ATTORNEY: We only know in the theoretical sense that the D.A. claims he has evidence with respect to injuries that will demonstrate and corroborate the victim's claim that she was forcibly raped.

TUCHMAN: The prosecutor also says he has an audiotape of Kobe Bryant being interviewed about that night and a videotape interview with the woman.

But that leads to another question.

POZNER: Knowing that the D.A. has a tape doesn't tell us anything. What's on the tape?

(END VIDEOTAPE)

TUCHMAN: Well, we may learn what's on the tape today at 3:00 Eastern time, if the prosecution decides to play it and if the defense decides to go ahead with the hearing.

Incidentally, Soledad, it's now been exactly 100 days since the alleged crime occurred.

Back to you.

O'BRIEN: All right, Gary Tuchman, thanks for that update.

So, the question then: Just how likely is it that Bryant's defense team will waive the right to today's preliminary hearing and then just go directly to trial?

CNN's legal analyst Jeffrey Toobin joins us from Eagle, Colorado, this morning.

Hey, Jeffrey, good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Soledad.

O'BRIEN: For the legal neophytes, let's kind of back up a little bit. The preliminary hearing is to establish probable cause, whether this thing should go to trial at all.

TOOBIN: Correct.

O'BRIEN: Is there anyone realistically who thinks that would not happen? So, why not just go ahead and skip it right now?

TOOBIN: Well, you're right that everyone believes that this case will be, as it's called in Colorado, bound over for a full jury trial. The reason most defendants go forward in a preliminary hearing is that it gives them a chance to see the government's evidence, maybe cross- examine a few witnesses, get a little free discovery. That's in a normal case.

Here, we know for a fact that the prosecution is going to present the tape of the -- the videotape of the alleged victim, the photographs of the alleged victim and her injuries, and the audiotape of Kobe Bryant -- all of which will receive tremendous publicity, and all negative publicity for Kobe Bryant.

So, the thinking is, why go forward in this futile hearing if all of this bad publicity is going to come out and you're going to lose anyway? That's the argument against going forward with this hearing.

O'BRIEN: OK, a question then. As you said, normally, there would be an opportunity for the defense to cross-examine a witness. Why in this case does Kobe Bryant, he has to appear, and yet the woman who has made the allegations against him does not have to appear and will not be cross-examined?

TOOBIN: Because, under Colorado law, the preliminary hearing is solely to determine probable cause, and the government can prove that any way it likes, and it can't be forced to put on some kind of evidence and not other kinds of evidence. If they want to prove their case solely through the testimony of this one detective, which is their plan, that's their right.

In the trial before the jury, a completely different situation there. The alleged victim will certainly testify, and she will be cross-examined a great deal by the defense.

O'BRIEN: All right, well, as Gary mentioned, 100 days, and it feels like a lot more. Jeff Toobin, thanks. Appreciate your time.

TOOBIN: And there are more than 100 days still to go.

O'BRIEN: Yes, no question about that.

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