Return to Transcripts main page

American Morning

Bryant Preliminary Hearing

Aired October 10, 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: Back to the courtroom drama now in Colorado in the Kobe Bryant case. Bryant's accuser not in court yesterday, but her voice was heard loud and clear.
Gary Tuchman was there to hear the testimony, back with us this morning live in Eagle County -- Gary, good morning.

GARY TUCHMAN, CNN CORRESPONDENT: Bill, good morning to you.

And yesterday was not a shining day for American jurisprudence here in Eagle County. And I'm not just talking about the lurid testimony, but also some of the legal tactics.

Yesterday was the day for the first time we've heard the prosecution theory of this case. According to the prosecutors, the 19-year-old accuser did, indeed, flirt with Kobe Bryant, did, indeed, agree to kiss him on the mouth and the neck. But that's where the consensual act stopped, according to the prosecution detective who took the stand.

The detective said later, after the kissing happened that, "Kobe Bryant began to grope her, touching her breasts and buttocks area." The prosecution alleges that Kobe Bryant then put his hands around her neck, bent her over a chair and had sexual intercourse with the woman while she cried.

The prosecution said that it found blood on the bottom of Kobe Bryant's T-shirt, blood that matched the DNA of the 19-year-old woman. The prosecution also showed pictures to the judge, pictures of injuries to the woman's private area and to the woman's jaw.

Now, a defense attorney who cross-examined the detective who was on the stand said if her neck was choked, how come there were no marks of any kind on her neck? The detective said he did not have an answer to that question.

But this is where the controversy came in. Pamela Mackey, the defense attorney, during the testimony, said the name of the alleged victim. Now, it's not a law, but it is a long held custom you don't say the name of alleged victims in court. People gasped in the court. She apologized. And then she did it five more times in the next 10 minutes, leading to this thought, that either she's very forgetful or she did it purposely.

She also said one other thing that caused controversy, Pamela Mackey. The prosecution said that her injuries were not consistent with consensual sex. Well, the defense attorney then asked the detective on the stand, were her injuries consistent with someone who's had sex with three different guys in three days?

Now, there are rape shield laws in this country. You can't say things about a woman's sexual history in a rape trial. A preliminary hearing is a little murkier situation, but she did not lay down a predicate. There was no evidence whatsoever that this allegation was true.

After that, the prosecution, already angry about the names being -- the name being said in court, asked for the court to stop for a second. The judge took all the lawyers back. The judge then came out and said he was tired, he was going to end it for the day, come back next week. And here's the irony, Bill, is that the defense wanted this hearing to be closed to the press. The judge said it was going to be open. Now, the prosecution, after getting these legal bombs lobbed at them, says it wants the rest of this hearing to be closed to the press.

HEMMER: Wow.

TUCHMAN: The judge has said he wants it to be open and he wants both sides to work it out before it continues.

HEMMER: So, who knows what'll go down on Wednesday of next week? But that's the next time they'll be back in court and Kobe Bryant will be back there where you are, in Eagle County.

Gary, thanks.

Gary Tuchman up early for us there in Colorado.

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 10, 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: Back to the courtroom drama now in Colorado in the Kobe Bryant case. Bryant's accuser not in court yesterday, but her voice was heard loud and clear.
Gary Tuchman was there to hear the testimony, back with us this morning live in Eagle County -- Gary, good morning.

GARY TUCHMAN, CNN CORRESPONDENT: Bill, good morning to you.

And yesterday was not a shining day for American jurisprudence here in Eagle County. And I'm not just talking about the lurid testimony, but also some of the legal tactics.

Yesterday was the day for the first time we've heard the prosecution theory of this case. According to the prosecutors, the 19-year-old accuser did, indeed, flirt with Kobe Bryant, did, indeed, agree to kiss him on the mouth and the neck. But that's where the consensual act stopped, according to the prosecution detective who took the stand.

The detective said later, after the kissing happened that, "Kobe Bryant began to grope her, touching her breasts and buttocks area." The prosecution alleges that Kobe Bryant then put his hands around her neck, bent her over a chair and had sexual intercourse with the woman while she cried.

The prosecution said that it found blood on the bottom of Kobe Bryant's T-shirt, blood that matched the DNA of the 19-year-old woman. The prosecution also showed pictures to the judge, pictures of injuries to the woman's private area and to the woman's jaw.

Now, a defense attorney who cross-examined the detective who was on the stand said if her neck was choked, how come there were no marks of any kind on her neck? The detective said he did not have an answer to that question.

But this is where the controversy came in. Pamela Mackey, the defense attorney, during the testimony, said the name of the alleged victim. Now, it's not a law, but it is a long held custom you don't say the name of alleged victims in court. People gasped in the court. She apologized. And then she did it five more times in the next 10 minutes, leading to this thought, that either she's very forgetful or she did it purposely.

She also said one other thing that caused controversy, Pamela Mackey. The prosecution said that her injuries were not consistent with consensual sex. Well, the defense attorney then asked the detective on the stand, were her injuries consistent with someone who's had sex with three different guys in three days?

Now, there are rape shield laws in this country. You can't say things about a woman's sexual history in a rape trial. A preliminary hearing is a little murkier situation, but she did not lay down a predicate. There was no evidence whatsoever that this allegation was true.

After that, the prosecution, already angry about the names being -- the name being said in court, asked for the court to stop for a second. The judge took all the lawyers back. The judge then came out and said he was tired, he was going to end it for the day, come back next week. And here's the irony, Bill, is that the defense wanted this hearing to be closed to the press. The judge said it was going to be open. Now, the prosecution, after getting these legal bombs lobbed at them, says it wants the rest of this hearing to be closed to the press.

HEMMER: Wow.

TUCHMAN: The judge has said he wants it to be open and he wants both sides to work it out before it continues.

HEMMER: So, who knows what'll go down on Wednesday of next week? But that's the next time they'll be back in court and Kobe Bryant will be back there where you are, in Eagle County.

Gary, thanks.

Gary Tuchman up early for us there in Colorado.

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