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CNN Live At Daybreak
Morning Coffey
Aired December 23, 2002 - 06:26 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.
CATHERINE CALLAWAY, CNN ANCHOR: Moving on now this morning to who pulled the trigger in the D.C. area sniper shootings. There are some new questions that could affect the prosecution of the case.
And our favorite legal analyst, Kendall Coffey, is joining us by phone this morning with the latest on that.
Good morning to you, Kendall.
Let me start out by just reminding everyone about the story we're talking here. The "New York Times" reporting now that 17-year-old John Lee Malvo may have been the triggerman in most, if not all, of the Washington area shootings.
Kendall, I have to say, what does this do to the case for John Muhammad?
KENDALL COFFEY, CNN LEGAL ANALYST: Well, prosecutors believe, Catherine, that even if John Muhammad was not the actual triggerman, he could still receive the death penalty if convicted based on Virginia's new anti-terrorism law, which was passed in the aftermath of 9/11. It makes it a crime of terrorism to commit murders with the intent to intimidate the public. And we all recall the wave of intimidation and fear that spread throughout the Beltway communities.
CALLAWAY: You know, I've got to wonder, Kendall, why did this information come out? I mean certainly it's good reporting by the "New York Times," no less, but we both know that someone had to leak this.
COFFEY: Well, it's ironic, Catherine, especially because just a few days ago the judges in one of the cases imposed a further gag order on police. But many have suggested that because there could be some controversy about the death penalty for the 17-year-old Malvo, that the authorities really want to make it very clear that he was, indeed, one of the worst of the worst.
CALLAWAY: So what are you going to think, what do you think the defense strategy is going to be for John Malvo?
COFFEY: Well, they will challenge his alleged confession and inevitably defendants argue that capital punishment is unconstitutional. Ironically, Catherine, just two months ago four justices of the Supreme Court said that crimes committed by juveniles do not merit the death penalty. But that's only four of nine. And if Malvo proves to be the triggerman, that constitutional challenge will be destroyed perhaps for years to come. CALLAWAY: Let's talk about for a minute, Kendall, the constituency that needs to be in this case. I mean the two men are being tried separately. But don't the prosecutors in the different counties need to have some type of consistent position on who exactly pulled the trigger?
COFFEY: Exactly, Catherine. It's a real concern because we all remember the legal chaos in Florida recently when the prosecutor attempted in completely inconsistent theories in two different trials concerning who actually murdered the father of the teenaged King brothers.
CALLAWAY: Yes, that was a mess, wasn't it?
COFFEY: Yes.
CALLAWAY: All right, Kendall Coffey, happy holidays to you.
Thanks for getting up early with us this morning.
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 December 23, 2002 - 06:26 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CATHERINE CALLAWAY, CNN ANCHOR: Moving on now this morning to who pulled the trigger in the D.C. area sniper shootings. There are some new questions that could affect the prosecution of the case.
And our favorite legal analyst, Kendall Coffey, is joining us by phone this morning with the latest on that.
Good morning to you, Kendall.
Let me start out by just reminding everyone about the story we're talking here. The "New York Times" reporting now that 17-year-old John Lee Malvo may have been the triggerman in most, if not all, of the Washington area shootings.
Kendall, I have to say, what does this do to the case for John Muhammad?
KENDALL COFFEY, CNN LEGAL ANALYST: Well, prosecutors believe, Catherine, that even if John Muhammad was not the actual triggerman, he could still receive the death penalty if convicted based on Virginia's new anti-terrorism law, which was passed in the aftermath of 9/11. It makes it a crime of terrorism to commit murders with the intent to intimidate the public. And we all recall the wave of intimidation and fear that spread throughout the Beltway communities.
CALLAWAY: You know, I've got to wonder, Kendall, why did this information come out? I mean certainly it's good reporting by the "New York Times," no less, but we both know that someone had to leak this.
COFFEY: Well, it's ironic, Catherine, especially because just a few days ago the judges in one of the cases imposed a further gag order on police. But many have suggested that because there could be some controversy about the death penalty for the 17-year-old Malvo, that the authorities really want to make it very clear that he was, indeed, one of the worst of the worst.
CALLAWAY: So what are you going to think, what do you think the defense strategy is going to be for John Malvo?
COFFEY: Well, they will challenge his alleged confession and inevitably defendants argue that capital punishment is unconstitutional. Ironically, Catherine, just two months ago four justices of the Supreme Court said that crimes committed by juveniles do not merit the death penalty. But that's only four of nine. And if Malvo proves to be the triggerman, that constitutional challenge will be destroyed perhaps for years to come. CALLAWAY: Let's talk about for a minute, Kendall, the constituency that needs to be in this case. I mean the two men are being tried separately. But don't the prosecutors in the different counties need to have some type of consistent position on who exactly pulled the trigger?
COFFEY: Exactly, Catherine. It's a real concern because we all remember the legal chaos in Florida recently when the prosecutor attempted in completely inconsistent theories in two different trials concerning who actually murdered the father of the teenaged King brothers.
CALLAWAY: Yes, that was a mess, wasn't it?
COFFEY: Yes.
CALLAWAY: All right, Kendall Coffey, happy holidays to you.
Thanks for getting up early with us this morning.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
