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CNN Live Today
Brothers on Trial
Aired September 05, 2002 - 12:34 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: In Pensacola, Florida, the defense has just rested in another murder trial that has captured America's attention. that of two young boys charged with killing their father. It's a case involving claims of child molestation, drug use and deadly secrets.
CNN's Mark Potter has the very latest for us now.
Hi, Mark.
MARK POTTER, CNN CORRESPONDENT: Hi there. Kyra, yes, indeed, most unusual and discouraging case, and today on this, the third day of trial, we've had some pretty rapid developments, as you said. The defense rested. The prosecution rested too, so we've heard all of testimony we're going to hear, and what this means is that after a two hour lunch break, the jury will finally hear the closing arguments in this case, and that will happen at 1:00 local time. That's Central Time, 2:00 Eastern Time, and then after instructions from the judge, the jury will get the case for its deliberation, presumably later this afternoon.
There was a interesting development a short while ago. If you will remember, yesterday, one of the brothers, Alex, did testify before the jury. He spoke under oath to the court. Today, however, his older brother, Derek, announced he would not talk publicly, and said that came after consultation with lawyers. He was questioned about that by the judge in this case, Frank Bell (ph), who wanted to make sure that he understood his rights, that he could testify, that he had every right do so, and he wanted to make sure he was making that decision on his own, and they had an interchange outside of the jury.
They were excused, and let's listen in for a moment as to how that occurred just a short time ago in the circuit court.
(BEGIN VIDEO CLIP)
DEREK KING: Yes, sir, it was my decision.
UNIDENTIFIED MALE: You understand in a lot of criminal cases when the defendants don't testify and they happen to get convicted or something later on down the line, they claim their lawyers...
KING: I heard that, yes.
UNIDENTIFIED MALE: Sometimes they claim that they didn't know you could be a witness. KING: Yes, sir.
UNIDENTIFIED MALE: You understand you can be a witness?
KING: Yes, sir.
UNIDENTIFIED MALE: And you are choosing not to be a witness?
KING: Yes, sir.
UNIDENTIFIED MALE: And you think you understand that through discussing it with your attorneys?
KING: Yes, sir.
UNIDENTIFIED MALE: All right, thank you very much, Mr. King.
(END VIDEO CLIP)
POTTER: Now both boys are charged as adults. They are facing first-degree murder charges, Alex and Derek King. At issue here is the fact that after their arrest in November, both boys confessed to the killing, saying they plotted do this, and then killed their father with a baseball bat, and then set the house on fire to destroy the evidence. However, months later, they recanted that confession, and said that the person actually responsible for the killing of the father is a family friend, 40-year-old Ricky Chavis.
The boys said that Chavis convinced them to confess, even though it was a lie. They said that he told them that if they did that, they could all be together, and that they would not be punished severely because of their young age. Authorities say that Chavis had a sexual and an emotional relationship with one of two boys, the younger of the two, Alex.
In an unusual step, a short while ago the grand jury, actually because of that change of testimony from the boys, indicted Chavis himself on exactly the same charges, the murder charges that the boys are facing now, so there were two different trials with two theories of what happened.
The Chavis trial was held last week. There was a verdict, but we do not know what that verdict is, because it sealed until we get the verdict in this case. That can happen late tonight or perhaps tomorrow. We do not know exactly when that will occur. What we do know that if someone is convicted, Chavis or two boys, or all three, would automatically face a life prison term.
PHILLIPS: Sort of a side bar question. I was thinking about this this morning, is do these boys have a mother? Is there a mom in the picture? Has she surfaced anywhere?
POTTER: She has surfaced. She has not been in the picture, at least in terms of living with the boys. She has been away from them, I understand, for about seven years. She lives in another state. But he has said, that if the boys are acquitted and if they are released, she would take care of them.
PHILLIPS: All right, our Mark Potter, thank you so much for following that trial in Pensacola, Florida.
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