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CNN Live At Daybreak

Legal Grounds: Morning Coffey

Aired October 28, 2002 - 06:10   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: The legal jousting to file charges is raising some eyebrows. We want to turn now to our CNN legal analyst Kendall Coffey for some insight. Kendall joins us live by phone from Miami to talk about what's on the court docket this week.
Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Carol.

COSTELLO: Why is there such a big battle over where to try these guys first, does it really matter?

COFFEY: Well each of the jurisdictions can bring their own charges and you could even, over time, have multiple trials. With serial murders, the law allows you to have serial prosecutions and serial convictions. It comes down to punishment, which jurisdiction has the surest and the fastest track to the death penalty, and that's why Virginia, with its very, very tough record, has a compelling case even though Maryland has suffered the most victims and Alabama itself could offer a streamline trial for what was the first of the killings back in September.

COSTELLO: I guess I'm just struggling to understand, if you can hold more than one trial, what difference does it make whether Maryland or Virginia or the Feds try them first?

COFFEY: Well, again, if you look at it from a standpoint of punishment and if the death penalty is the issue, Virginia is a state where the death penalty could be applied not only to John Muhammad but to the 17-year-old alleged accomplice, John Malvo. And at the same time, if you begin the case in Virginia, some prosecutors believe you will lead in the fastest way to the death penalty, which means from a victim's standpoint, and in a sense there is an entire community of victims here, the faster you resolve this case with finality, the closer you come to closure.

COSTELLO: Of course there is some sentiment that everybody's jockeying to have the first trial for political purposes.

COFFEY: Well there's -- that allegation always comes forward, but the reality is that from a prosecution standpoint they also see the passion and the -- and the anguish in their own communities and in a sense each of the communities seeks a validation of its wrong. Ultimately, the federal authorities will likely mediate this dispute and could even consider bringing charges of their own.

COSTELLO: Well, we'll keep following this. Kendall Coffey, thank you very much. And again, Virginia prosecutors are set to file charges against the two sniper suspects later today.

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






Aired October 28, 2002 - 06:10   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The legal jousting to file charges is raising some eyebrows. We want to turn now to our CNN legal analyst Kendall Coffey for some insight. Kendall joins us live by phone from Miami to talk about what's on the court docket this week.
Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning -- Carol.

COSTELLO: Why is there such a big battle over where to try these guys first, does it really matter?

COFFEY: Well each of the jurisdictions can bring their own charges and you could even, over time, have multiple trials. With serial murders, the law allows you to have serial prosecutions and serial convictions. It comes down to punishment, which jurisdiction has the surest and the fastest track to the death penalty, and that's why Virginia, with its very, very tough record, has a compelling case even though Maryland has suffered the most victims and Alabama itself could offer a streamline trial for what was the first of the killings back in September.

COSTELLO: I guess I'm just struggling to understand, if you can hold more than one trial, what difference does it make whether Maryland or Virginia or the Feds try them first?

COFFEY: Well, again, if you look at it from a standpoint of punishment and if the death penalty is the issue, Virginia is a state where the death penalty could be applied not only to John Muhammad but to the 17-year-old alleged accomplice, John Malvo. And at the same time, if you begin the case in Virginia, some prosecutors believe you will lead in the fastest way to the death penalty, which means from a victim's standpoint, and in a sense there is an entire community of victims here, the faster you resolve this case with finality, the closer you come to closure.

COSTELLO: Of course there is some sentiment that everybody's jockeying to have the first trial for political purposes.

COFFEY: Well there's -- that allegation always comes forward, but the reality is that from a prosecution standpoint they also see the passion and the -- and the anguish in their own communities and in a sense each of the communities seeks a validation of its wrong. Ultimately, the federal authorities will likely mediate this dispute and could even consider bringing charges of their own.

COSTELLO: Well, we'll keep following this. Kendall Coffey, thank you very much. And again, Virginia prosecutors are set to file charges against the two sniper suspects later today.

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