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CNN Live Today

American Taliban Trial Focuses on Document Access

Aired April 01, 2002 - 10:01   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.
LEON HARRIS, CNN ANCHOR: Some legal maneuvering today in the case of accused American Taliban, John Walker Lindh.

It's happening this hour in an Alexandria, Virginia courtroom, and our justice correspondent, Kelli Arena, is standing by live. She is just outside the courthouse.

Kelli, what is going on there this morning?

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Well, good morning, Leon.

The argument today is basically over access. Even though the government says that it has provided more than 1,000 documents to Lindh's defense team, his lawyers say that they are entitled to more.

John Walker Lindh arrived early today just before 7:00 a.m., as you said, right here in Alexandria. His parents, by the way, are also here. They came to show their continued support for their son.

The main point of contention today, Leon, is over his supposed confession. Now, they are not deciding whether or not that can be admissible in court, because that won't be decided until a hearing in July, but what they are just talking about today is what the defense lawyers can get access to and what they cannot. We spoke to a former U.S. attorney earlier today, who put it in very simple terms for us.

(BEGIN VIDEO CLIP)

KENDALL COFFEY, FORMER U.S. ATTORNEY: But what they are try do through the discovery hearing today is get any kind of document at all to help support John Walker Lindh's position that he was in somehow a condition of virtual torture, through physical and through mental abuse. And that's mighty tough, because let's face it. Are people going to believe John Walker Lindh, or are they going to believe our men and women in uniform who are responsible for his care and custody during the period? But if he can't do something to undercut the impact of that confession, he is in a lot of trouble.

(END VIDEO CLIP)

ARENA: Now, the way the defense plans to do that, among other strategies, is to try to gain access to other detainees in U.S. custody. The prosecution, of course, is opposed to that. It is all up to the judge, and by the way, he will not be making that decision today, Leon -- back to you.

HARRIS: Do we know when he will make it?

ARENA: We don't know. They are hearing motions. They filed their motions. He is hearing arguments today, and then he will give us a decision. And then the next step, as I mentioned earlier, is the suppression hearing, which is basically over whether or not his so- called confession is admissible in court, and whether or not it was taken while he was under duress.

HARRIS: Well, lots of process to take care of in the meantime. Kelli Arena, thank you very much. We'll check back with you later.

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