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American Morning

Preliminary Hearing in Bryant Sexual Assault Case

Aired October 09, 2003 - 08:20   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: Let's go to Eagle County now and "The People vote. (ph) Kobe Bryant." Today's much anticipated preliminary hearing in the sexual assault case could be much ado about nothing. Bryant's defense may decide to forego the hearing altogether and proceed straight to trial. The NBA star has been in Honolulu, where the Los Angeles Lakers are training and playing their first pre- season games.
Beth Karas is covering the case for Court TV.

Good morning, Beth.

Nice to see you, as always. BETH KARAS, COURT TV: Good morning.

Thanks for having me.

O'BRIEN: You're welcome.

The defense waiving of this hearing, which many people have talked about, is that pretty much, in your estimation, a done deal? Would there be any up side to the defense in going through with the preliminary hearing?

KARAS: Well, the hearing could take place if the defense prevails at another hearing that's going to take place in the judge's chambers just before the preliminary hearing is scheduled. Forty-five minutes before, the judge will meet with the attorneys and hear the defense's arguments once again on why they want portions of the preliminary hearing closed to the public.

I suspect they are going to ask that the public not be able to hear or see the videotaped statement of the accuser, Kobe Bryant's accuser, because she's not going to take the stand, they can't cross- examine her, her statement's going to go unchallenged and it really won't do them much good to have the world learning what she says happened that night.

If the judge grants that, then the hearing may take place, but we won't get to hear what she has to say. If he denies that, I suspect they'll waive the hearing.

O'BRIEN: If they waive the hearing, they go directly, then, into a bond hearing. Is this essentially a formality? Kobe Bryant is already out on bond, right?

KARAS: That's right. He's out on $25,000 bond and it is expected that that bond will be continued today. If he waives the hearing, a couple of district court judges -- that's the next highest level court -- right now it's in county court. A couple of district court judges are sort of waiting in the wings, because one of them will be selected to handle the case.

The appearance bond could be before the district court judge, because once he waives, the county court will lose jurisdiction. But the appearance bond issue could be taken up initially. So I'm not sure if it will be before Judge Gannett or a new judge. But there are a couple of judges waiting, apparently, for some type of proceeding today in case it's waived.

O'BRIEN: OK. Then the next step would be going into an arraignment. What would happen after that and how long would all of this take, do you expect?

KARAS: Seconds. An arraignment is simply a plea of not guilty or guilty. Of course, we don't expect him to say guilty. He'll enter a plea of not guilty. However, the court is saying that they're prepared for that, should he decide to do it and should he ask. But if he waives the preliminary hearing, he has a -- he has to come back within 30 days for this arraignment.

He could ask that it take place today, given that the basketball season is beginning and he doesn't want to have to come back. The judge could, in his discretion, grant him that opportunity to enter a plea today. Otherwise, it'll be just another advisory advisement similar to what he had on August 6, just being told the charges, which will be the same charge that he's facing now.

O'BRIEN: Beth, I have time for a one word answer here. When do you expect this trial to begin?

KARAS: Months from now. That's more than one word, but not for months.

O'BRIEN: It is and I'll take it.

Beth Karas from Court TV, thanks.

Always nice to see you.

Thanks.

KARAS: My pleasure.

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 - 08:20   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Let's go to Eagle County now and "The People vote. (ph) Kobe Bryant." Today's much anticipated preliminary hearing in the sexual assault case could be much ado about nothing. Bryant's defense may decide to forego the hearing altogether and proceed straight to trial. The NBA star has been in Honolulu, where the Los Angeles Lakers are training and playing their first pre- season games.
Beth Karas is covering the case for Court TV.

Good morning, Beth.

Nice to see you, as always. BETH KARAS, COURT TV: Good morning.

Thanks for having me.

O'BRIEN: You're welcome.

The defense waiving of this hearing, which many people have talked about, is that pretty much, in your estimation, a done deal? Would there be any up side to the defense in going through with the preliminary hearing?

KARAS: Well, the hearing could take place if the defense prevails at another hearing that's going to take place in the judge's chambers just before the preliminary hearing is scheduled. Forty-five minutes before, the judge will meet with the attorneys and hear the defense's arguments once again on why they want portions of the preliminary hearing closed to the public.

I suspect they are going to ask that the public not be able to hear or see the videotaped statement of the accuser, Kobe Bryant's accuser, because she's not going to take the stand, they can't cross- examine her, her statement's going to go unchallenged and it really won't do them much good to have the world learning what she says happened that night.

If the judge grants that, then the hearing may take place, but we won't get to hear what she has to say. If he denies that, I suspect they'll waive the hearing.

O'BRIEN: If they waive the hearing, they go directly, then, into a bond hearing. Is this essentially a formality? Kobe Bryant is already out on bond, right?

KARAS: That's right. He's out on $25,000 bond and it is expected that that bond will be continued today. If he waives the hearing, a couple of district court judges -- that's the next highest level court -- right now it's in county court. A couple of district court judges are sort of waiting in the wings, because one of them will be selected to handle the case.

The appearance bond could be before the district court judge, because once he waives, the county court will lose jurisdiction. But the appearance bond issue could be taken up initially. So I'm not sure if it will be before Judge Gannett or a new judge. But there are a couple of judges waiting, apparently, for some type of proceeding today in case it's waived.

O'BRIEN: OK. Then the next step would be going into an arraignment. What would happen after that and how long would all of this take, do you expect?

KARAS: Seconds. An arraignment is simply a plea of not guilty or guilty. Of course, we don't expect him to say guilty. He'll enter a plea of not guilty. However, the court is saying that they're prepared for that, should he decide to do it and should he ask. But if he waives the preliminary hearing, he has a -- he has to come back within 30 days for this arraignment.

He could ask that it take place today, given that the basketball season is beginning and he doesn't want to have to come back. The judge could, in his discretion, grant him that opportunity to enter a plea today. Otherwise, it'll be just another advisory advisement similar to what he had on August 6, just being told the charges, which will be the same charge that he's facing now.

O'BRIEN: Beth, I have time for a one word answer here. When do you expect this trial to begin?

KARAS: Months from now. That's more than one word, but not for months.

O'BRIEN: It is and I'll take it.

Beth Karas from Court TV, thanks.

Always nice to see you.

Thanks.

KARAS: My pleasure.

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