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American Morning

Kobe Bryant Case

Aired December 17, 2003 - 08:16   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: And we are back with our senior legal analyst Jeff Toobin.
Jeff's been sticking around all morning.

We're going to talk about the Kobe Bryant case this morning -- good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi. Lots to talk about.

O'BRIEN: A lot.

TOOBIN: This case is getting uglier and uglier.

O'BRIEN: A very aggressive strategy, as well.

TOOBIN: Bryant's attorneys have chosen an aggressive strategy, that is for sure, going after the 19-year-old woman who has accused him of rape. And they want to hear, the jury to hear evidence that she has attempted suicide twice and has been treated for schizophrenia.

CNN legal analyst and my friend, Chris Darden, joins us from Los Angeles.

Chris, what do you think? Is this dirty pool to be raising this kind of thing in a case like this?

CHRISTOPHER DARDEN, CNN LEGAL ANALYST: No, absolutely not. When you consider her psychiatric history, the fact that she was probably taking psychotic -- or drugs to treat a psychotic condition on the date of the alleged rape -- all of this ought to be fair game. And with respect to her suicide attempts, you know, the defense makes a pretty strong argument in their moving papers that she has a history of engaging in dangerous conduct, or conduct that is designed to gain the attention of an ex-boyfriend and that this allegation against Kobe Bryant just follows along that same lines.

And I've got to tell you, I think it's a pretty strong argument from the defense.

TOOBIN: Colorado has what is known as one of the strongest rape shield laws. And rape shield laws were created so that the victims would not be put on trial in rape cases.

You don't think that this, talking about the ex-boyfriend, talking about her history, involves the rape shield law at all? DARDEN: Well, you know, I understand the need for a rape shield law and I certainly support that idea. However, a criminal defendant has a right to confront and cross-examine the witnesses against him. In this case, we have pubic hair and semen not belonging to Kobe Bryant; forensic evidence in the victim's panties not belonging to the victim; certainly when she last had sex or sex prior to June 30 and whether or not she had sex after her encounter with Kobe Bryant and prior to her examination the day after is clearly relevant on the issue of whether or not Kobe Bryant caused the physical injuries allegedly suffered by this victim.

Rape shield laws are important. But you can't use that law to preclude Kobe Bryant from his constitutional right to cross-examine his accuser.

TOOBIN: How about the real world of juries? I mean you worked in front of juries. Do you worry when you start getting so aggressive on a defendant -- on an accuser like this, about some sort of backlash from a juror -- from jurors, maybe even especially women jurors, saying hey, wait a second, she's not the one on trial here, he is?

DARDEN: Well, you know, I think that there is a way to cross- examine the alleged victim without putting her on trial, quite frankly. I would believe that most people would conclude, including women, that these issues are extremely relevant to the accuser's credibility and extremely relevant on the issue of physical injuries.

Yes, you worry about a backlash. But in this particular case, it would seem to me that this type of cross-examination and this evidence is required.

TOOBIN: CNN's Chris Darden, thank you very much.

The Kobe Bryant case is back in court on Friday.

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 December 17, 2003 - 08:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: And we are back with our senior legal analyst Jeff Toobin.
Jeff's been sticking around all morning.

We're going to talk about the Kobe Bryant case this morning -- good morning.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi. Lots to talk about.

O'BRIEN: A lot.

TOOBIN: This case is getting uglier and uglier.

O'BRIEN: A very aggressive strategy, as well.

TOOBIN: Bryant's attorneys have chosen an aggressive strategy, that is for sure, going after the 19-year-old woman who has accused him of rape. And they want to hear, the jury to hear evidence that she has attempted suicide twice and has been treated for schizophrenia.

CNN legal analyst and my friend, Chris Darden, joins us from Los Angeles.

Chris, what do you think? Is this dirty pool to be raising this kind of thing in a case like this?

CHRISTOPHER DARDEN, CNN LEGAL ANALYST: No, absolutely not. When you consider her psychiatric history, the fact that she was probably taking psychotic -- or drugs to treat a psychotic condition on the date of the alleged rape -- all of this ought to be fair game. And with respect to her suicide attempts, you know, the defense makes a pretty strong argument in their moving papers that she has a history of engaging in dangerous conduct, or conduct that is designed to gain the attention of an ex-boyfriend and that this allegation against Kobe Bryant just follows along that same lines.

And I've got to tell you, I think it's a pretty strong argument from the defense.

TOOBIN: Colorado has what is known as one of the strongest rape shield laws. And rape shield laws were created so that the victims would not be put on trial in rape cases.

You don't think that this, talking about the ex-boyfriend, talking about her history, involves the rape shield law at all? DARDEN: Well, you know, I understand the need for a rape shield law and I certainly support that idea. However, a criminal defendant has a right to confront and cross-examine the witnesses against him. In this case, we have pubic hair and semen not belonging to Kobe Bryant; forensic evidence in the victim's panties not belonging to the victim; certainly when she last had sex or sex prior to June 30 and whether or not she had sex after her encounter with Kobe Bryant and prior to her examination the day after is clearly relevant on the issue of whether or not Kobe Bryant caused the physical injuries allegedly suffered by this victim.

Rape shield laws are important. But you can't use that law to preclude Kobe Bryant from his constitutional right to cross-examine his accuser.

TOOBIN: How about the real world of juries? I mean you worked in front of juries. Do you worry when you start getting so aggressive on a defendant -- on an accuser like this, about some sort of backlash from a juror -- from jurors, maybe even especially women jurors, saying hey, wait a second, she's not the one on trial here, he is?

DARDEN: Well, you know, I think that there is a way to cross- examine the alleged victim without putting her on trial, quite frankly. I would believe that most people would conclude, including women, that these issues are extremely relevant to the accuser's credibility and extremely relevant on the issue of physical injuries.

Yes, you worry about a backlash. But in this particular case, it would seem to me that this type of cross-examination and this evidence is required.

TOOBIN: CNN's Chris Darden, thank you very much.

The Kobe Bryant case is back in court on Friday.

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