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CNN Sunday Morning
Legal Panel: Kobe Bryant, Inglewood Police Beating Case, Patrick Dennehy Murder
Aired August 03, 2003 - 10:22 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.
SEAN CALLEBS, CNN ANCHOR: Sexual assault charges don't seem to be hurting Kobe Bryant's popular image. Fans cheered as the L.A. Lakers guard and his wife Vanessa walked down the red carpet for the Teen Choice Awards last night.
The couple showed up hand in hand and stopped to pose for some pictures. The show will air the same day Bryant is scheduled to go before a Colorado judge to answer charges about sexual assault.
OK. We have a lot to talk about in our legal round table this hour, including the latest information on the Kobe Bryant case, the Patrick Dennehy case and the Inglewood police trial.
Joining us to discuss those cases now are CNN contributor and trial attorney Michael Smerconish, who joins us from Philadelphia, and civil rights attorney Avery Friedman, who joins us from Cleveland.
Gentlemen, thanks very much for joining us here today. Let's talk about the Kobe Bryant case.
MICHAEL SMERCONISH, CNN CONTRIBUTOR: Nice to be here.
CALLEBS: What is he going to face when he heads out to Eagle County, Colorado this week? Avery, I'll start with you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, actually it's a preliminary matter on the sixth, but the legal blockbuster this week really isn't his having to show up Wednesday, but rather, the Colorado attorney general is now joining in to add legal fire power and there's a reason why.
In 1995, Sean, Eagle County had to pay out $800,000 for racial profiling. Well, guess what? The key figure there is the lead investigator in the Kobe Bryant case. So I think we're looking at a potential mini O.J. case coming up.
CALLEBS: Michael, you think that's true? You think that's going to be played out to a big way this week?
SMERCONISH: It could be true. The answer to your question of what will he face this week in Colorado is about a thousand different cameras from the news media for what will probably be about a five- minute proposition.
I mean, this is a really a perfunctory matter this coming week. And isn't it interesting, Sean, that in the story you just ran, Kobe goes out last night and, of all things, they're going air that program the very night that he'll be in court. What a coincidence that is.
CALLEBS: OK. Given the fact that there's probably too much attention being paid to this case, we'll move on from that point.
But what is it going to be like? He clearly fought to not have to go to Colorado this week. Avery, he lost. What is that going to do his reputation? Just the fact that he is going to be on TV sets across the country?
FRIEDMAN: Well, I don't think it means anything. The fact is it was a good move by the defense team to try to keep him from coming up, but as a matter of fact they knew he was going to have to show.
And all that's going to -- I agree with my friend Michael, what's going to happen is that it's going to give him additional air time. It can't hurt him. It can only help him.
CALLEBS: Michael, do you buy that? Or do you think it's going to...
SMERCONISH: Sean, we're still not sure which one the victim is in this case. And the more that information just trickles out -- it has been information -- we don't know if it's true -- but it's been information that's harmful to the alleged female victim in this particular case.
Well, if all of that information is accurate, it paints a pretty disturbing picture about her mental state.
CALLEBS: What about the 911 call? There's been a great deal made about that, apparently happened in L.A. right after Kobe got back? Avery?
FRIEDMAN: You know what, that may or may not be relevant in this case because it fits into the pattern. But to me, they're going to -- the prosecution is going have to attach some significance to that.
I think it's right when the defense lawyers go in on August 6, this Wednesday, they're going to try to get that prosecution file to see the whole context, to see if the 911 calls fit into this picture.
CALLEBS: OK, Michael, I want to change gears here just a bit. Let's look at Inglewood, California. They've made the decision to go ahead and retry officers Jeremy Morse, former Officer Morse. Your thoughts on that?
SMERCONISH: Well, it was 7-5 vote, as I recall, when they polled those jurors. It was, of course, a hung jury.
Sean, when I looked at that result, I said to myself, much like the Rodney king case, that which we all saw on our television sets must not have been the entire story. Because those individuals who actually sat and listened to all the evidence decided there was more to the story. Whether that was that the guy was actually grabbing the testicles of the cop, which is what that story was all about, I really don't know. But there's more than meets the eye here.
CALLEBS: I see you shaking your head, Avery. What's up?
FRIEDMAN: Yes. I don't agree with that. Look, that jury was out for ten minutes. They never took this case seriously.
You know why the result came -- why there's hung jury? Because the prosecution put on a police officer, Commander Heel (ph), who actually testified for the defense. And when the defendant's lawyer said, "Hey, do you think the prosecutor should have prosecuted this case?" You would expect that because of the prejudicial nature and the irrelevancy of it, the prosecution team would have stood up and objected.
And I think what they were thinking is, hey, it's time to have a meat loaf sandwich. They objected to nothing. And I'm hoping the next time around they're going take this case more seriously.
CALLEBS: OK. Let's hope it doesn't reopen old wounds at the same time.
Let's talk about Patrick Dennehy. Just a very disappointing, tragic case. A lot made about the interview, Michael, that the intern for the "Dallas Morning News" got with the suspect in that case.
Do you think that this is going to continue to make news?
SMERCONISH: Oh, man. Look out Woodward and Bernstein.
I mean, here is an intern who gets a copyrighted, page one story, above the fold, because somehow she's able to able to go to the prison and get access to this guy.
Now, maybe just nobody else has tried, but the question is, did he know though that she was member of the press?
CALLEBS: Exactly.
SMERCONISH: Apparently she walks in, she's wearing a crucifix. He says, "Are you a Christian?" And when she says yes, he's anxious to tell all. What did she say and when did she say it, I guess, is the critical question.
CALLEBS: Well, Carlton Dotson's attorney is very upset about the way that played out, said that the intern did not identify herself. She, of course, disputes that and the "Dallas Morning News" is backing her.
Avery, do you think this is going to come back to haunt him in any way? The suspect in the case.
FRIEDMAN: It's going to come back and haunt him big time, Sean.
And what happened here is the motion filed by Carlton Dotson's lawyer to fight extradition is going to be dropped faster than Dick Cheney after a double cheeseburger. I mean, the reality is that he's on his way to Texas and that testimony or that statement made to the "Dallas Morning News" is going to get into that trial.
CALLEBS: OK. Avery Friedman, civil rights attorney, thanks very much for joining us.
And Michael Smerconish, again, always a pleasure. Thanks, gentlemen. We appreciate it.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Patrick Dennehy Murder>
Aired August 3, 2003 - 10:22 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SEAN CALLEBS, CNN ANCHOR: Sexual assault charges don't seem to be hurting Kobe Bryant's popular image. Fans cheered as the L.A. Lakers guard and his wife Vanessa walked down the red carpet for the Teen Choice Awards last night.
The couple showed up hand in hand and stopped to pose for some pictures. The show will air the same day Bryant is scheduled to go before a Colorado judge to answer charges about sexual assault.
OK. We have a lot to talk about in our legal round table this hour, including the latest information on the Kobe Bryant case, the Patrick Dennehy case and the Inglewood police trial.
Joining us to discuss those cases now are CNN contributor and trial attorney Michael Smerconish, who joins us from Philadelphia, and civil rights attorney Avery Friedman, who joins us from Cleveland.
Gentlemen, thanks very much for joining us here today. Let's talk about the Kobe Bryant case.
MICHAEL SMERCONISH, CNN CONTRIBUTOR: Nice to be here.
CALLEBS: What is he going to face when he heads out to Eagle County, Colorado this week? Avery, I'll start with you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, actually it's a preliminary matter on the sixth, but the legal blockbuster this week really isn't his having to show up Wednesday, but rather, the Colorado attorney general is now joining in to add legal fire power and there's a reason why.
In 1995, Sean, Eagle County had to pay out $800,000 for racial profiling. Well, guess what? The key figure there is the lead investigator in the Kobe Bryant case. So I think we're looking at a potential mini O.J. case coming up.
CALLEBS: Michael, you think that's true? You think that's going to be played out to a big way this week?
SMERCONISH: It could be true. The answer to your question of what will he face this week in Colorado is about a thousand different cameras from the news media for what will probably be about a five- minute proposition.
I mean, this is a really a perfunctory matter this coming week. And isn't it interesting, Sean, that in the story you just ran, Kobe goes out last night and, of all things, they're going air that program the very night that he'll be in court. What a coincidence that is.
CALLEBS: OK. Given the fact that there's probably too much attention being paid to this case, we'll move on from that point.
But what is it going to be like? He clearly fought to not have to go to Colorado this week. Avery, he lost. What is that going to do his reputation? Just the fact that he is going to be on TV sets across the country?
FRIEDMAN: Well, I don't think it means anything. The fact is it was a good move by the defense team to try to keep him from coming up, but as a matter of fact they knew he was going to have to show.
And all that's going to -- I agree with my friend Michael, what's going to happen is that it's going to give him additional air time. It can't hurt him. It can only help him.
CALLEBS: Michael, do you buy that? Or do you think it's going to...
SMERCONISH: Sean, we're still not sure which one the victim is in this case. And the more that information just trickles out -- it has been information -- we don't know if it's true -- but it's been information that's harmful to the alleged female victim in this particular case.
Well, if all of that information is accurate, it paints a pretty disturbing picture about her mental state.
CALLEBS: What about the 911 call? There's been a great deal made about that, apparently happened in L.A. right after Kobe got back? Avery?
FRIEDMAN: You know what, that may or may not be relevant in this case because it fits into the pattern. But to me, they're going to -- the prosecution is going have to attach some significance to that.
I think it's right when the defense lawyers go in on August 6, this Wednesday, they're going to try to get that prosecution file to see the whole context, to see if the 911 calls fit into this picture.
CALLEBS: OK, Michael, I want to change gears here just a bit. Let's look at Inglewood, California. They've made the decision to go ahead and retry officers Jeremy Morse, former Officer Morse. Your thoughts on that?
SMERCONISH: Well, it was 7-5 vote, as I recall, when they polled those jurors. It was, of course, a hung jury.
Sean, when I looked at that result, I said to myself, much like the Rodney king case, that which we all saw on our television sets must not have been the entire story. Because those individuals who actually sat and listened to all the evidence decided there was more to the story. Whether that was that the guy was actually grabbing the testicles of the cop, which is what that story was all about, I really don't know. But there's more than meets the eye here.
CALLEBS: I see you shaking your head, Avery. What's up?
FRIEDMAN: Yes. I don't agree with that. Look, that jury was out for ten minutes. They never took this case seriously.
You know why the result came -- why there's hung jury? Because the prosecution put on a police officer, Commander Heel (ph), who actually testified for the defense. And when the defendant's lawyer said, "Hey, do you think the prosecutor should have prosecuted this case?" You would expect that because of the prejudicial nature and the irrelevancy of it, the prosecution team would have stood up and objected.
And I think what they were thinking is, hey, it's time to have a meat loaf sandwich. They objected to nothing. And I'm hoping the next time around they're going take this case more seriously.
CALLEBS: OK. Let's hope it doesn't reopen old wounds at the same time.
Let's talk about Patrick Dennehy. Just a very disappointing, tragic case. A lot made about the interview, Michael, that the intern for the "Dallas Morning News" got with the suspect in that case.
Do you think that this is going to continue to make news?
SMERCONISH: Oh, man. Look out Woodward and Bernstein.
I mean, here is an intern who gets a copyrighted, page one story, above the fold, because somehow she's able to able to go to the prison and get access to this guy.
Now, maybe just nobody else has tried, but the question is, did he know though that she was member of the press?
CALLEBS: Exactly.
SMERCONISH: Apparently she walks in, she's wearing a crucifix. He says, "Are you a Christian?" And when she says yes, he's anxious to tell all. What did she say and when did she say it, I guess, is the critical question.
CALLEBS: Well, Carlton Dotson's attorney is very upset about the way that played out, said that the intern did not identify herself. She, of course, disputes that and the "Dallas Morning News" is backing her.
Avery, do you think this is going to come back to haunt him in any way? The suspect in the case.
FRIEDMAN: It's going to come back and haunt him big time, Sean.
And what happened here is the motion filed by Carlton Dotson's lawyer to fight extradition is going to be dropped faster than Dick Cheney after a double cheeseburger. I mean, the reality is that he's on his way to Texas and that testimony or that statement made to the "Dallas Morning News" is going to get into that trial.
CALLEBS: OK. Avery Friedman, civil rights attorney, thanks very much for joining us.
And Michael Smerconish, again, always a pleasure. Thanks, gentlemen. We appreciate it.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Patrick Dennehy Murder>