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American Morning

Key Pretrial Hearing From John Walker Lindh Starts This Morning

Aired July 15, 2002 - 08:02   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.
PAULA ZAHN, CNN ANCHOR: All right. "Up Front" this morning, a key pretrial hearing from John Walker Lindh starts this morning. His attorneys are trying to suppress statements he made to authorities and to a freelance journalist working for CNN, just after he was captured.

Bob Franken is standing by, live, outside the courthouse in Alexandria, Virginia.

Good morning, Bob.

BOB FRANKEN, CNN CORRESPONDENT: Good morning, Paula. And the issue, today, is an all-important one. The trial starts next month, late next month. But, this hearing is the one that revolves around, not so much what he said in and around Afghanistan, but whether the jury can hear it.

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By most accounts, the statements made by John Walker Lindh while in military custody, could be vital evidence for the government's most serious charge -- conspiracy to murder U.S. nationals. If convicted, Lindh could face a life sentence.

But his attorneys will try to convince the judge that those statements should be suppressed. The reason? Lindh was interrogated under what they call torturous conditions. Held for 55 days, when they contend he should have gone before a magistrate in 48 hours. And according to defense motions, interrogated without access to a lawyer, in violation of his constitutional rights. This, the defense argues, while Lindh was "completely intimidated, broken mentally and physically," and while top U.S. officials considered whether to prosecute.

DONALD RUMSFELD: I don't know quite how we're going to handle him yet. We're thinking about that.

UNIDENTIFIED MALE: You think he might be brought to trial?

RUMSFELD: I'm trying to think, precisely, what I should say.

FRANKEN: Of course, Lindh has been brought back for trial. But government lawyers contend, before he was returned, he was treated with exceptional regard for his health, his safety, and his security. Disputing defense claims an FBI agent coerce ad alleged confession, prosecutors argue, "Lindh never expressed a reluctance to speak with the agent, never requested counsel, voluntarily waived his Miranda rights and did so in a knowing and intelligent manner."

ROBERT PELTON, JOURNALIST: How long have you been in Afghanistan?

JOHN WALKER LINDH: About six months.

FRANKEN: The hearing might also include testimony about the CNN taped interview with the just-captured Lindh. The judge, on Friday, refused to block a subpoena of the freelance journalist who did the interview, Robert Pelton, brushing aside claims a court appearance would threaten the safety and journalistic independence of all war correspondents. Defense attorneys claim the reporter acted essentially as an agent of U.S. government, since Lindh was in U.S. military custody at the time.

(on camera): The chaos of the battlefield has now been replaced by the rigid order of a courtroom, and the question is can actions taken in and around the battlefield, where there are very few rules, withstand the test of a legal system where rules are everything? Paula?

ZAHN: Keep us posted, Bob. Bob Franken, thanks for that live report.

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