Thursday , Aug , 07 , 2003 C.Y. Ellis

Unofficial transcript of Kobe Bryant’s hearing

(Seated before Judge Frederick Gannett, for the prosecution, Mark Hurlbert, District Attorney and Gregg Crittenden, deputy district attorney for the Fifth Judicial District of Colorado. The defendant Kobe Bryant; and for the defendant, attorneys Pamela Mackey and Hal Haddon.)

Unofficial transcript of Kobe Bryant's hearing

Judge Gannett: I’d like to call the case, the case is 03CR00204, the
People of the State of Colorado against Kobe Bean Bryant. Ms. Mackey, Mr. Haddon
appear on behalf of the defendant; Mr. Hubert (sic) and Mr. Crittenden appear on
behalf of the state. Thank you. Mr. Cr- uh, Bryant is present on bond.


We have several pending motions. There is a
motion to seal/unseal the file. There are proposed findings of fact that have
been filed by the district attorney, by the defendant. They will be filed
tomorrow by the media applicant, and I’m told by Mr. Robbins that he will not
file supplemental documents, so I anticipate that we will rule on those matters
not before August 18th. I’m gone until then. Makes that kind of easy.

There is a media applicant motion to clarify, or modify, the decorum order.
And to the best of my knowledge there has not been a response filed by anybody
to that document, and I think the time for filing it expires on or around August
14th, and the court would intend to rule on that expeditiously after that date.

There is in place, filed yesterday, defendant’s motion for a hearing to
enforce a court order. I’ve issued today an order that has been passed out to
the parties that represents a stipulation of the parties, and it in effect
enables the court to appoint a special investigator to inquire into the
allegations advanced by the defendant, to make that report back to the court,
and to ensure that the district attorney’s office and the defendant receives
copies – unredacted copies – of those recommendations. Depending on that
recommendation we’ll either proceed to an evidentiary hearing or the matter will
be concluded without one. The court has met with, at least by telephone, Sheriff
Bob Braudis of the Pitkin County Sheriff’s Department. The Pitkin County
Sheriff’s Department has agreed to allow its investigative staff to serve as the
special investigator from the court, and in an order signed this afternoon I
have appointed the office of the Pitkin County Sheriff to act as the special
investigator on behalf of the court. I would like the district attorney’s office
and the defendant to provide me any direction that you want advanced to the
sheriff’s office so that I can review it and then get it to them and allow them
to get that process underway. Copies of that order will be made available to the
public and to the press later this afternoon.

(D.A. Mark Hurlbert rises.)

Hurlbert: Judge, when do you want those, uh, when do you want our
direction?

Gannett: If you could get that to me by midweek next week, I won’t be
here but I’ll be checking in with the staff and then I’ll give you the name of
the contact person at the Pitkin County Sheriff’s Office. And after review we’ll
either file this directly with them or I’ll pass them through.

Hurlbert: Great. Thanks.

Gannett: We’re now down to an advisement. Ms. Mackey.

(Mackey and Bryant rise and move to stand before Gannett at the lectern.)

Mackey: Yes your honor.

Gannett: How do you wish me to proceed with regard to this issue?

Mackey: Your honor, with regard to reading an advisement, we would
waive any further reading or advisement of the charge.

Gannett: All right. With regard to your client’s rights, how would you
have me proceed?

Mackey: We fully advise him and would waive that as well, your honor.

Gannett: All right. Any request with regard to a preliminary hearing?

Mackey: Yes, your honor, we would request that a preliminary hearing
be held. We are willing to waive the 30-day rule, and I understand the court has
selected a date?

Gannett: That’s correct, I have picked a date, it’s October the ninth,
it’s at one o’clock in the afternoon.

Mr. Bryant, you’re entitled to a hearing and you’ve requested a hearing. The
rule requires that if you request, that hearing be held within 30 days. Any
objection to that being waived?

Bryant: No, sir.

Gannett: Alright. Having waived that, the matter will be set for a hearing at
one o’clock on the ninth day of October. That takes care of that. I understand
I’ve been provided with a copy of the waiver of extradition.

Mackey: Yes, sir.

Gannett: And I think that I have that here. (Searches for documents.)
Alright. Sign the (inaudible). Have you seen a copy of this yet?

Hurlbert(rising): Yes, your honor.

Gannett: Any objection to the form?

Hurlbert: No, sir.

Gannett: Alright. Ordered.

Alright. This is a very fast event for so much attention. I have a couple of
comments to make and they relate to a pretrial order issued by the court and
folks, you can have a seat, thank you very much.

(Bryant and Mackey sit down.)

Gannett: The court issued an order with regard to pretrial publicity,
it was issued on July the 24th, and it is in effect and will remain in effect
for the pendency of the case. I’d like to remind all parties, and particularly
I’m focusing my attention on the attorneys of record, and any persons acting
under their scope or authority, and for clarification that does include any law
enforcement personnel investigating the case, that those orders are in effect
and that they are deemed to be a significant admonition against the release or
discussion of materials contained in the investigation process. The purpose
behind it is to ensure that there is a fair trial for all parties, and I want,
to the extent possible, to advance that issue at every opportunity. So, I am
concerned with some of the reports that I have seen in the press. They appear to
me to address issues that are not generally available to the public, and to the
extent that the court in the process of appointing this special investigator can
determine the origin of those pieces of information will deal with it in a way
that order sets forth. But this is just another effort by me to remind the
parties to the case, be careful.

This is really it. And I just again want to remind all the people seated here
today, remain seated until all the parties have left the courtroom, at that time
you may leave. And this matter is continued to October ninth at 1 p.m. Thank
you.

Mackey: Thank you, your honor.