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Taxi driver's story conflicts with detective's testimony



"s_knight8"
3/23/2004 11:45:44 AM


This is an old article.
http://vaildaily.com/apps/pbcs.dll/artikkel?SearchID=73166317990640&Avis=VD&
Dato=20030709&Kategori=NEWS&Lopenr=307090101&Ref=AR
When O'Brien's taxi arrived at Valley View Hospital, Kobe was escorted out
of the hospital by three or four police officers.
"It doesn't make sense," O'Brien said, trying to make sense of why the
Sheriff's Office waited to arrest Bryant several days later, on Friday the
Fourth of July.
Deputies "were there," he said. "The stories reported seemed to be missing a
bunch. I couldn't understand why the Sheriff's Office had to get a warrant
for his arrest and why he had to return on the 4th, because he seemed to be
in intensive custody when I saw him."
 
 
"Fred"
3/23/2004 6:19:24 PM




"s_knight8" <s_knight8nospam@hotmail.com> wrote in message
news:c3ppjo$eqt@dispatch.concentric.net...

This is an old article.
Deputies "were there," he said. "The stories reported seemed to be missing
a
bunch. I couldn't understand why the Sheriff's Office had to get a warrant
for his arrest and why he had to return on the 4th, because he seemed to
be
in intensive custody when I saw him."
If true, that's a huge boost for Kobe's defense. If he was in custody, then
much of the physical evidence gathered from him and his room will be
excluded.
 
 
Larry Coon
3/23/2004 11:20:05 AM


Fred wrote:
If true, that's a huge boost for Kobe's defense. If he was in custody, then
much of the physical evidence gathered from him and his room will be
excluded.
I think it would be the other way around -- physical evidence
would get in, but testimonial evidence would not. If he was
in custody, then the warrant would apply, and so would Miranda.
The warrant specified daytime execution, but from what I have
read, the correction of that specific technicality is typically
not to exclude the evidence. But the fact that the warrant
specified "non-testimonial" evidence only is more important,
as is the entire Miranda issue.
So I'm guessing that if he is determined by the judge to have
been a custodial situation, then all testimonial evidence
would be thrown out, but his shirt & pants and any other
physical evidence they collected would still get in.
Larry Coon
University of California
The NBA Salary Cap FAQ:
http://members.cox.net/lmcoon/salarycap.htm
 
 
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