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CNN Live At Daybreak

Morning Coffey, 'Legal Grounds'

Aired August 05, 2002 - 06:31   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.
CAROL COSTELLO, CNN ANCHOR: A number of high-profile stories making news in the courtroom this week, so this morning, we're talking "Legal Grounds" with our Kendall Coffey. He joins us live by phone from Miami, Florida.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Finally the David Westerfield trial wraps up. Did you expect this to last as long as it did?

COFFEY: Well, I think it went beyond many expectations, but the defense did a very aggressive, thorough job of cross-examining, putting all of the witnesses they could under the microscope. So it has been two months, but now it's in the jury's hands.

COSTELLO: Yes, and for those of you who don't know, David Westerfield is accused of killing 7-year-old Danielle Van Dam.

Now, the jury is not going to be sequestered despite defense concerns. Do you think this will be a problem?

COFFEY: Probably not. I mean, from the standpoint of the judge, he believes that this jury will do its job. He has instructed them that some of the other high-profile tragedies bear no relation to this case. And let's face it, this jury spent months listening to the detailed evidence, many, many more hours than they have watching TV news about other tragedies.

In the final analysis, it's going to be what happens inside the courtroom, not outside the courtroom, that's going to motivate this jury. And the forensic evidence, particularly the DNA evidence that places, for example, blood and hair and fingerprints inside the mobile home of David Westerfield, that's going to be much more of a factor here than any of the coverage about other tragedies involving small children.

COSTELLO: Well, we'll keep -- we'll be following what happens, of course.

We have seen WorldCom executives get arrested. What about Enron? Everybody keeps asking when will the corporate leaders from Enron get their justice, so to speak? COFFEY: Well, Enron is going to be a slower-moving case, although the concerns are understandable. It is, in effect, the flagship of this pirate fleet that's been sinking Wall Street. But if you are unraveling what may be thousands of off balance sheet partnerships in order to get to the bottom of how Enron may have been hiding over $1 billion in losses, it's going to take time.

Keep in mind that this, when it happens, even though CEOs are always in the firing zone, the guys that are wearing the bull's-eyes on their backs in cases of financial and accounting improprieties are going to be the senior finance officers. We saw that with WorldCom. And in the case of Andrew Fastow, who orchestrated the offshore partnerships and who pocketed over $30 million in the meantime, he may be the easiest of the lead targets for the Justice Department to pursue.

COSTELLO: And the Justice Department is going to keep on this. Public pressure is pretty intense.

COFFEY: Well, there is an outcry, and there should be. But the reality is that compared to white collar cases of the past, many of which take months or even years, the Justice Department has really been moving at warp speed in cases like Arthur Andersen, EmClone, Adelphia and WorldCom. But some of them are going to slow down now, and in a final analysis, it's more important that these cases be done thoroughly and be done right than that they be done immediately.

COSTELLO: All right, Kendall Coffey, thanks for joining us this morning. We'll catch you next week. Thank you again for enlightening us.

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