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American Morning
Will Bryant's Defense Team Waive Right to Preliminary Hearing?
Aired October 09, 2003 - 07:21 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: 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 County this morning -- hey, Jeffrey, good morning.
JEFFREY TOOBIN, CNN CORRESPONDENT: Hi, Soledad.
O'BRIEN: For the legal neophytes, let's kind of back up a little bit.
TOOBIN: OK.
O'BRIEN: 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 waive it and stick 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 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 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 must -- 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 evidence -- some kind of evidence and not other kinds of evidence.
If they want to prove their case solely through the detective 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
Hearing?>
Aired October 9, 2003 - 07:21 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: 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 County this morning -- hey, Jeffrey, good morning.
JEFFREY TOOBIN, CNN CORRESPONDENT: Hi, Soledad.
O'BRIEN: For the legal neophytes, let's kind of back up a little bit.
TOOBIN: OK.
O'BRIEN: 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 waive it and stick 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 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 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 must -- 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 evidence -- some kind of evidence and not other kinds of evidence.
If they want to prove their case solely through the detective 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
Hearing?>
