Return to Transcripts main page

American Morning

Interview with Bill Elliott, Jennifer Elliott, Muriel Elliott

Aired August 12, 2002 - 08:17   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

PAULA ZAHN, CNN ANCHOR: New Jersey prosecutors say they will retry Kenneth Powell. They allege he was responsible for a deadly car crash because he allowed his friend, Michael Pangle, to drive drunk. Well, a jury on Friday decided Powell was not guilty of manslaughter, but they deadlocked on charges of vehicular homicide and aggravated assault.
(BEGIN VIDEO CLIP)

JUDGE WILLIAM FORRESTER, SUPERIOR COURT: Ladies and gentlemen, again, with the thanks of the State of New Jersey and the County of Salem, the jury is excused and a mistrial declared. Thank you very much. We stand adjourned.

(END VIDEO CLIP)

ZAHN: Twenty-two-year-old Navy ensign John Elliott was killed two years ago when hit by the car driven by Michael Pangle. Police had earlier arrested Pangle for drunk driving and Powell was called to drive him home. But Powell drove Pangle back to his car instead. That's when the accident happened slightly later.

Joining us now are John Elliott's parents, Bill and Muriel Elliott, and his sister, Jennifer Elliott.

Thank you very much for coming in this morning. Good to see you all.

BILL ELLIOTT, FATHER OF VICTIM: Thank you.

MURIEL ELLIOTT, MOTHER OF VICTIM: Thanks.

ZAHN: First of all, tell our audience what it was like when that verdict came down on Friday. What did you expect to happen?

B. ELLIOTT: Well, it was disappointing because we thought there was merit to the case. But we also said that we would respect the decision of the jury, and we do respect the jury's decision. We also saw tears in the eyes of some of the jurors, which led us to believe that this was a very tough decision for them, too.

ZAHN: Not only do you see tears in their eyes, didn't one juror mouth some words to you? And what were those words?

B. ELLIOTT: We thought that we saw the person mouthing the words "I'm sorry."

ZAHN: And what did that connote to you, just how tough of a decision this was for them to arrive at?

B. ELLIOTT: Yes. That's why they were deadlocked on two of the counts.

ZAHN: Now, this proceeds, what, some time next year...

B. ELLIOTT: In January.

ZAHN: ... on the two other charges. Is there any that's going to stop that from happening? Do you fully support the trial going on on those two charges?

B. ELLIOTT: The prosecutor brought the charges. We have certainly supported the prosecutor's decision in the past and continue to support it. But it's important that people understand that this is only part of the picture for us. We have a mission and we have a promise that we made to our son, that we would do everything we could to prevent this from happening to somebody else.

Now, there's a law in his name in New Jersey that we believe will prevent this from happening again. It's called John's Law. It requires police to impound the cars of drunk drivers for up to 12 hours and issue responsibility warnings that inform them of their potential liability if they facilitate them getting back behind the wheel.

ZAHN: This case has certainly frayed a lot of nerves, you know, some people that think that your family has gone too far, some absolutely supporting what you're doing.

Jennifer, what is it like to get caught in that crossfire?

JENNIFER ELLIOTT, SISTER OF VICTIM: Well, it's nerve wracking a little bit. There's a lot of attention on us and what we're doing. But we just hope that the focus can remain positive and that our efforts to promote designated driving will be the focus and not so much on the trial, I guess.

ZAHN: How much of a challenge is that for your family?

B. ELLIOTT: It tests us and our heart and soul as much as anything we've ever encountered in our lives. We are living every parent's worst nightmare every single day and have for two years. When our son graduated from the U.S. Naval Academy he was heading to flight school. He was coming home for Muriel's birthday. It was the happiest time of our life. And we were plunged into a world of sadness and have been ever since.

So this is a labor of love. It's not a labor of vengeance, but of love.

ZAHN: You actually heard from Kenneth Powell's attorney outside of the courtroom after the verdict on Friday. And I want to share a part of that with our audience now.

(BEGIN VIDEO CLIP) CHRISTOPHER MANGENELLO, DEFENSE ATTORNEY: And Ken Powell specifically wanted me to state that he expresses his condolences to the Elliott family, to the Hoehnwater (ph) family and to the Pangle family. He understands that the Elliott family and the Hoehnwater family is not getting what they believe is justice in this case.

(END VIDEO CLIP)

ZAHN: Does that bring you any peace at all?

B. ELLIOTT: We said, after we heard that, that we appreciate those expressions of condolence. But it doesn't change the fact that our son is dead. And we think this case makes a point. The point is if you're arrested for drunk driving and a friend comes and picks you up, which happens across the nation every day, and they don't take you home, should there be accountability? Because if there isn't, are any of us safe on the roadways?

ZAHN: And what is the chief issue as far as law enforcement is concerned? How you police this? How you impound these cars? Where you get the resources to do that?

B. ELLIOTT: You know, I think all of the above. In most states, if not all states, DUI, drinking driving and arrest for that are not criminal offenses until you hurt somebody. They're merely motor vehicle violations. You get a traffic ticket. So they can't hang onto you indefinitely for a traffic ticket.

And what John's Law does is at least separates the driver, the drunk driver from their car. We think that will save lives across the country and Senator John Corzine and Congressman Lobiando (ph) have introduced national legislation. So we hope this becomes a national law.

ZAHN: Muriel, I know you continue to live with the pain of your son's loss on a daily basis. Has this creation of this John's Law helped you at all? Because I know you made a promise to your son that in some way you would try to spare others the same fate that he suffered.

M. ELLIOTT: My mother prayed that something good would come out of this and we've tried to stay focused on doing something positive. And I think the two things in conjunction, the hero campaign and John's Law, are something that we can do to change people's behavior, especially the hero campaign. Because we all have to make a difference. They say people drive drunk at least 200 times before they're arrested. So I think we all have to think and make a plan.

Have a good time when you're drinking, but make sure that you also have made a plan to get home safely with a designated driver.

ZAHN: Just a final question, how nerve wracking it is now to -- will it be, for your family to wait around for this next trial to happen?

Jennifer? J. ELLIOTT: Oh, it's going to be a tough wait. I don't really know what to say.

ZAHN: Bill?

M. ELLIOTT: I think we're staying focused on the hero campaign and things that we know that we can make a difference with, and that's John's Law. And we thank Senator Corzine and Congressman Lobiando. We thank them very much. We know this is going to save lives and that's what we're all about.

B. ELLIOTT: We love John and we owe him our best efforts in his memory.

ZAHN: Well, we thank you for coming in today to honor his memory and good luck to you as your family tries to move along and move ahead.

B. ELLIOTT: Thank you.

ZAHN: Thank you, Jennifer, Muriel and Bill. Appreciate your time this morning.

M. ELLIOTT: Thank you.

J. ELLIOTT: Thanks.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com