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CNN Live At Daybreak
Morning Coffey
Aired April 28, 2003 - 06:51 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: D.C. sniper suspect Lee Boyd Malvo's lawyers will be back in court today and what happens in the courtroom could have a major impact on Malvo's case.
Legal analyst Kendall Coffey joins us on the phone live from Miami with some insight.
Good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Good morning, Carol.
COSTELLO: So, defense attorneys want this confession thrown out. Why?
COFFEY: Well, they describe this as the granddaddy of hearings. It's absolutely critical because if it comes in, some of the specifics of what Malvo said are going to be devastating, as well as his demeanor, where supposedly he smiled and chortled as he described shooting away at innocent victims.
COSTELLO: Now, what we're talking about, police were interrogating him and he did mention an attorney during that interrogation.
COFFEY: Well, that's going to be the key. They have raised a lot of objections, but I think the one thing the judge is really going to have to look at as a close issue is whether a request for counsel was made when Malvo said, "Do I get to see my attorneys?" Is that or isn't that a request for counsel? And that become literally a life and death issue for the teenage defendant.
COSTELLO: He was 17. I was just going to bring up his age. Will that matter to the judge?
COFFEY: Not very much. It's never more than just one of the many factors. They often do admit teenage confessions. And here, where he was three months shy of 18, is obviously a bright guy, can read, can write, it's very unlikely to be a major factor. The key thing is going to be did he make a request for counsel.
COSTELLO: You know, I can't help but wonder how prosecutors are feeling at this point because, I don't know, maybe they'd be angry because this is something you want to do by the book, get it right, not take any chances.
COFFEY: Well, that's a great point because they've got a lot of evidence. He and Muhammad were found in the car that was the killing machine and while, of course, the prosecutors want this confession to be admitted, it would be a huge appeal issue down the road if it's allowed. And yet they could get a conviction almost assuredly with the evidence that they've got.
COSTELLO: Understand.
Kendall Coffey, thanks for your insights, live from Miami 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 April 28, 2003 - 06:51 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: D.C. sniper suspect Lee Boyd Malvo's lawyers will be back in court today and what happens in the courtroom could have a major impact on Malvo's case.
Legal analyst Kendall Coffey joins us on the phone live from Miami with some insight.
Good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, Good morning, Carol.
COSTELLO: So, defense attorneys want this confession thrown out. Why?
COFFEY: Well, they describe this as the granddaddy of hearings. It's absolutely critical because if it comes in, some of the specifics of what Malvo said are going to be devastating, as well as his demeanor, where supposedly he smiled and chortled as he described shooting away at innocent victims.
COSTELLO: Now, what we're talking about, police were interrogating him and he did mention an attorney during that interrogation.
COFFEY: Well, that's going to be the key. They have raised a lot of objections, but I think the one thing the judge is really going to have to look at as a close issue is whether a request for counsel was made when Malvo said, "Do I get to see my attorneys?" Is that or isn't that a request for counsel? And that become literally a life and death issue for the teenage defendant.
COSTELLO: He was 17. I was just going to bring up his age. Will that matter to the judge?
COFFEY: Not very much. It's never more than just one of the many factors. They often do admit teenage confessions. And here, where he was three months shy of 18, is obviously a bright guy, can read, can write, it's very unlikely to be a major factor. The key thing is going to be did he make a request for counsel.
COSTELLO: You know, I can't help but wonder how prosecutors are feeling at this point because, I don't know, maybe they'd be angry because this is something you want to do by the book, get it right, not take any chances.
COFFEY: Well, that's a great point because they've got a lot of evidence. He and Muhammad were found in the car that was the killing machine and while, of course, the prosecutors want this confession to be admitted, it would be a huge appeal issue down the road if it's allowed. And yet they could get a conviction almost assuredly with the evidence that they've got.
COSTELLO: Understand.
Kendall Coffey, thanks for your insights, live from Miami 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
