Return to Transcripts main page
American Morning
Attorneys for Kobe Bryant Want Mother of Accuser to Appear in Court
Aired December 12, 2003 - 07:36 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: Attorneys for Kobe Bryant want the mother of his accuser to appear in court. They subpoenaed her to appear at a hearing next week on a defense request to examine the 19- year-old's medical records. Bryant is charged with sexually assaulting the woman at a Colorado resort.
CNN's senior legal analyst, Jeffrey Toobin, joins us this morning to talk about the defense strategy in this case -- good morning.
JEFFREY TOOBIN, CNN CORRESPONDENT: Hi.
O'BRIEN: Unusual. The defense would like the 19-year-old's mother to testify on their behalf, obviously.
What's the strategy, do you think? What's behind this?
TOOBIN: Well, it depends how cynical you are. And it...
O'BRIEN: Go with the most cynical right now.
TOOBIN: Well...
O'BRIEN: And we'll work backwards.
TOOBIN: We'll work back. The most cynical is hey, you want to go to -- you want to make this charge, we not going to just inflict pain on you, we're going to inflict pain on your whole family.
O'BRIEN: It's a message.
TOOBIN: We're going to force -- it's basically a message that this is what your family is in for. But, I mean, to take a somewhat less cynical view, one of the big issues in the case -- and certainly, you know, that's why the medical records are at issue -- is what was the medical and sexual history of the accuser? The mother may well have relevant testimony to offer on that. That's why she's being offered to...
O'BRIEN: So essentially they're saying that a 19-year-old who confides in her mother -- not exactly out on a limb there...
TOOBIN: Right.
O'BRIEN: ... could, that could be open to a hearing in public court? TOOBIN: It could be. And there is no privilege. There is a privilege between spouses, and they cannot be called to testify against each other. But there is no parent-child privilege, so that could -- they could be called to testify.
O'BRIEN: He's accused of a crime in this particular case. So why is her mental state so up for discussion? Because, I mean you could, whatever your mental state, it doesn't mean you weren't necessarily raped, which is the charge.
TOOBIN: Absolutely. But her credibility is essentially the central issue in the whole case. Plus, there is the evidence, remember from the preliminary hearing, of, evidence of other sexual conduct in the clothing that she turned in to the police. All of that may well come up in the case. Her mother is -- she lived with her mother. She may well have relevant evidence to offer. It's an ugly thing, but it's quite possible.
O'BRIEN: What do you think is the likelihood that, in fact, the medical records will be subpoenaed and have access?
TOOBIN: I think they will likely have access to the medical records. I think whether they are actually introduced in open court is a different question. But certainly the judge will examine them himself, examine them in camera. But, you know, the usual rule is to let the defense examine things. It's a much tighter rule to let them introduce it in public, in a public courtroom. But letting them see it? It's probably likely.
O'BRIEN: Jeff Toobin, thanks, as always.
I think that's a pretty incredible development.
Appreciate it.
TOOBIN: Sure.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
in Court>
Aired December 12, 2003 - 07:36 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Attorneys for Kobe Bryant want the mother of his accuser to appear in court. They subpoenaed her to appear at a hearing next week on a defense request to examine the 19- year-old's medical records. Bryant is charged with sexually assaulting the woman at a Colorado resort.
CNN's senior legal analyst, Jeffrey Toobin, joins us this morning to talk about the defense strategy in this case -- good morning.
JEFFREY TOOBIN, CNN CORRESPONDENT: Hi.
O'BRIEN: Unusual. The defense would like the 19-year-old's mother to testify on their behalf, obviously.
What's the strategy, do you think? What's behind this?
TOOBIN: Well, it depends how cynical you are. And it...
O'BRIEN: Go with the most cynical right now.
TOOBIN: Well...
O'BRIEN: And we'll work backwards.
TOOBIN: We'll work back. The most cynical is hey, you want to go to -- you want to make this charge, we not going to just inflict pain on you, we're going to inflict pain on your whole family.
O'BRIEN: It's a message.
TOOBIN: We're going to force -- it's basically a message that this is what your family is in for. But, I mean, to take a somewhat less cynical view, one of the big issues in the case -- and certainly, you know, that's why the medical records are at issue -- is what was the medical and sexual history of the accuser? The mother may well have relevant testimony to offer on that. That's why she's being offered to...
O'BRIEN: So essentially they're saying that a 19-year-old who confides in her mother -- not exactly out on a limb there...
TOOBIN: Right.
O'BRIEN: ... could, that could be open to a hearing in public court? TOOBIN: It could be. And there is no privilege. There is a privilege between spouses, and they cannot be called to testify against each other. But there is no parent-child privilege, so that could -- they could be called to testify.
O'BRIEN: He's accused of a crime in this particular case. So why is her mental state so up for discussion? Because, I mean you could, whatever your mental state, it doesn't mean you weren't necessarily raped, which is the charge.
TOOBIN: Absolutely. But her credibility is essentially the central issue in the whole case. Plus, there is the evidence, remember from the preliminary hearing, of, evidence of other sexual conduct in the clothing that she turned in to the police. All of that may well come up in the case. Her mother is -- she lived with her mother. She may well have relevant evidence to offer. It's an ugly thing, but it's quite possible.
O'BRIEN: What do you think is the likelihood that, in fact, the medical records will be subpoenaed and have access?
TOOBIN: I think they will likely have access to the medical records. I think whether they are actually introduced in open court is a different question. But certainly the judge will examine them himself, examine them in camera. But, you know, the usual rule is to let the defense examine things. It's a much tighter rule to let them introduce it in public, in a public courtroom. But letting them see it? It's probably likely.
O'BRIEN: Jeff Toobin, thanks, as always.
I think that's a pretty incredible development.
Appreciate it.
TOOBIN: Sure.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
in Court>
