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CNN LIVE AT DAYBREAK

Coffey Talk: Case Against Kobe Bryant

Aired July 15, 2003 - 06:08   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CAROL COSTELLO, CNN ANCHOR: He is still waiting as are millions of fans. The Eagle County, Colorado prosecutor is taking his time. He'll only say he'll have a decision soon, maybe today, on whether to charge Kobe Bryant for an alleged sexual assault. A 19-year-old woman says Bryant assaulted her last month at a Colorado resort where she works. Bryant has denied it. The D.A. says he's still sorting through all of the evidence.
(BEGIN VIDEOTAPE)

MARK HURLBERT, DISTRICT ATTORNEY: We're hopefully still at the beginning of this week is what we're looking at.

UNIDENTIFIED MALE: OK, is it possible it would be after this week? Or do you think it will definitely be this week some time?

HURLBERT: Well, it certainly is possible. I mean, a lot of this depends on some of the evidence that we've been still gathering. And if it takes a little longer to gather that evidence then certainly it could take longer. But our goal is to do it this week.

UNIDENTIFIED MALE: And early this week, you're saying.

HURLBERT: Yes.

UNIDENTIFIED MALE: Are you waiting for stuff to come back? Or is it evidence that you have here already that you're analyzing here?

HURLBERT: It's some of both.

(END VIDEO CLIP)

COSTELLO: The state crime lab has been providing prosecutors results of analysis of evidence in the case.

It's time for some "Coffey Talk" now. Live on the phone from Miami, legal analyst Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: So, when the prosecutor talks about evidence, what is he talking about, do you think?

COFFEY: Well, they're looking at a number of things and obviously being very careful given the national impact of this case and the dramatic impact for the people involved. They're obviously waiting for the results of the DNA testing. And they're also looking for anything that can give them some sense of the creditability of the accusing witness, because so much is going to rest on whether or not ultimately a jury would believe a 19-year-old accusing witness who is making such serious allegations against someone who is one of America's most popular sports superstars.

COSTELLO: Well, and, Kendall, in talking about the credibility of the alleged victim, her friends have gone on national television talking about her. Is that helping or hurting? What do you know?

COFFEY: Well, I don't think it's helping or influencing the prosecutor's decision in the slightest, because they're looking at this down the road as to whether or not there is going to be enough to get a conviction in front of a jury. That's a reasonable doubt standard. And they've got to do some of the same kind of microscopic examination of credibility issues that they know the defense lawyers would be doing down the road if, in fact, a decision were made to bring charges against Kobe Bryant.

COSTELLO: You know, it is taking the prosecutor a long time to make a decision on whether to charge Kobe Bryant. What does that tell you about this case? Could it boil down to a he said/she said?

COFFEY: I think that's exactly right. And because they are taking time, it means, I think, not a signal as to what they're going to do, but rather that they're being as careful as possible. It's often said that celebrities are treated differently. I don't know that that's true. It depends on the kind of charge. But one thing is for sure. A well-regarded celebrity is going to be tougher to convict in a case like this than the average ordinary defendant. So, I think the prosecution's caution is understandable for many reasons.

COSTELLO: Kendall Coffey live from Miami this morning, thanks for waking up early with DAYBREAK.

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