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American Morning
Defense Wants Accuser's Medical Records in Kobe Bryant Rape Case
Aired January 23, 2004 - 07:46 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: Closed-door arguments will be heard today over a key issue in the Kobe Bryant sexual assault matter. Attorneys for the NBA star want his accuser's sexual history and medical records to be admitted as evidence.
Jeffrey Toobin has been looking into it, our senior legal adviser here on AMERICAN MORNING.
Nice to see you, counselor. Good morning to you.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hi.
HEMMER: You're a defense attorney. You want this information because it does what for your case?
TOOBIN: The central issue in this trial is the credibility of the accuser. Is she telling the truth about what happened in that hotel room? The defense claims that the information in her medical history, psychiatric history, indicates that she was either delusional or mistaken or somehow wrong about what happened, and the medical records are important relevant evidence.
HEMMER: So, if you a prosecutor, if this information is admitted, how much does it hurt you?
TOOBIN: Well, it depends on what the information is. We don't really know what it is. We've heard what the defense claims it is. But, potentially, you know, this case could turn into the nightmare of every rape prosecutor, which is a trial of the accuser instead of a trial of the defendant.
HEMMER: And it's possible, too, the woman's mother, maybe an ex- boyfriend might be questioned today by defense attorneys?
TOOBIN: One of the arguments that the defense is making is that because the woman has discussed her medical history with other people, she's waved any privacy rights she has. So, they are calling the mother, the mother's boyfriend -- I'm sorry, not the mother's boyfriend, sorry -- an ex-boyfriend. And the issue is: Are they -- you know, is there a waiver there? And we'll see. But, you know, it's a hardball tactic to call, you know, an accuser's mother to the witness stand.
HEMMER: A tough call for the judge?
TOOBIN: This is a really hard case, because you really have two very important conflicting policies -- the right of a defendant to put on his own -- you know, to defend himself, and the right of an accuser not to be put on trial. They're in direct conflict. The judge really has to resolve it.
HEMMER: Two more things. Let's get to them quickly. Scott Peterson. What gives here with the prosecutor? Getting a new judge and then saying we don't want him based on a history that was apparently pretty good legally.
TOOBIN: California has an unusual system, where either side can just snap their fingers, not give a reason, and get a new judge. That's what they did here with this judge. We don't know what the reason was. Perhaps it's because he is 82 years old. But it means another delay, and the California legal system will be grinding its usual slow way.
HEMMER: You say nothing is easy out there and nothing is fast.
TOOBIN: Nothing is fast, absolutely.
HEMMER: There is a question here today on a much different matter, not nearly as serious as we have just talked about. Ben and J.Lo and their big split.
TOOBIN: Yes.
HEMMER: You apparently have an opinion here on what happens to the ring.
TOOBIN: What happens to the ring? You know, unfortunately, I have researched this, and it's actually...
HEMMER: Unfortunately?
TOOBIN: Unfortunately, yes. I have wasted my life on this subject, and it's actually a hard question. There have been a few cases, and they have gone both ways. The question is: Is it a contract? I give you the ring in return for marriage, in which case she does have to give it back. Or is it just a gift?
HEMMER: For someone else to decide.
TOOBIN: For someone else to decide.
HEMMER: And it's time for you to do more research.
TOOBIN: Greater minds than I will have to settle this question.
HEMMER: Thanks, Jeff. Have a good weekend.
TOOBIN: OK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Rape Case>
Aired January 23, 2004 - 07:46 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Closed-door arguments will be heard today over a key issue in the Kobe Bryant sexual assault matter. Attorneys for the NBA star want his accuser's sexual history and medical records to be admitted as evidence.
Jeffrey Toobin has been looking into it, our senior legal adviser here on AMERICAN MORNING.
Nice to see you, counselor. Good morning to you.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hi.
HEMMER: You're a defense attorney. You want this information because it does what for your case?
TOOBIN: The central issue in this trial is the credibility of the accuser. Is she telling the truth about what happened in that hotel room? The defense claims that the information in her medical history, psychiatric history, indicates that she was either delusional or mistaken or somehow wrong about what happened, and the medical records are important relevant evidence.
HEMMER: So, if you a prosecutor, if this information is admitted, how much does it hurt you?
TOOBIN: Well, it depends on what the information is. We don't really know what it is. We've heard what the defense claims it is. But, potentially, you know, this case could turn into the nightmare of every rape prosecutor, which is a trial of the accuser instead of a trial of the defendant.
HEMMER: And it's possible, too, the woman's mother, maybe an ex- boyfriend might be questioned today by defense attorneys?
TOOBIN: One of the arguments that the defense is making is that because the woman has discussed her medical history with other people, she's waved any privacy rights she has. So, they are calling the mother, the mother's boyfriend -- I'm sorry, not the mother's boyfriend, sorry -- an ex-boyfriend. And the issue is: Are they -- you know, is there a waiver there? And we'll see. But, you know, it's a hardball tactic to call, you know, an accuser's mother to the witness stand.
HEMMER: A tough call for the judge?
TOOBIN: This is a really hard case, because you really have two very important conflicting policies -- the right of a defendant to put on his own -- you know, to defend himself, and the right of an accuser not to be put on trial. They're in direct conflict. The judge really has to resolve it.
HEMMER: Two more things. Let's get to them quickly. Scott Peterson. What gives here with the prosecutor? Getting a new judge and then saying we don't want him based on a history that was apparently pretty good legally.
TOOBIN: California has an unusual system, where either side can just snap their fingers, not give a reason, and get a new judge. That's what they did here with this judge. We don't know what the reason was. Perhaps it's because he is 82 years old. But it means another delay, and the California legal system will be grinding its usual slow way.
HEMMER: You say nothing is easy out there and nothing is fast.
TOOBIN: Nothing is fast, absolutely.
HEMMER: There is a question here today on a much different matter, not nearly as serious as we have just talked about. Ben and J.Lo and their big split.
TOOBIN: Yes.
HEMMER: You apparently have an opinion here on what happens to the ring.
TOOBIN: What happens to the ring? You know, unfortunately, I have researched this, and it's actually...
HEMMER: Unfortunately?
TOOBIN: Unfortunately, yes. I have wasted my life on this subject, and it's actually a hard question. There have been a few cases, and they have gone both ways. The question is: Is it a contract? I give you the ring in return for marriage, in which case she does have to give it back. Or is it just a gift?
HEMMER: For someone else to decide.
TOOBIN: For someone else to decide.
HEMMER: And it's time for you to do more research.
TOOBIN: Greater minds than I will have to settle this question.
HEMMER: Thanks, Jeff. Have a good weekend.
TOOBIN: OK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Rape Case>
