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Texas Tragedy

Aired May 13, 2003 - 10:36   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.


LEON HARRIS, CNN ANCHOR: Texas prosecutor say that it's too early to decide whether they'll seek the death penalty against a woman charged with bludgeoning to death her two children and critically injuring her third. Deanna Lejune (ph) Laney has been charged with capital murder, and she is being held on $3 million bail. This case is tragically similar to that of Andrea Yates, another Texas mother who is at the center of a child murder case. Laney's lawyer says he's learning from Yates' defense and her conviction as well.
Joining us now to talk about all of this, is from Miami, former U.S. attorney Kendall Coffey.

Let's first of all talk about the fact that Ms. Laney's attorney spoke with George Parnham, who is the attorney who represented Andrea Yates. What possibly could Parnham actually have to share and help in this case?

KENDALL COFFEY, FMR. U.S. ATTY: Well, the parallels are haunting and horrifying. And certainly, from a prosecution standpoint and a defense standpoint, they are going to be studying what happened with Andrea Yates. I think conceptually, defense lawyers probably asking Yates' lawyer, how do you take elements of a crime that are so horrifying and convince the jury that rather than punishing the defendant, those horrifying elements mean that the defendant was insane with in the narrow legal definition?

In practical terms, Leon, they are probably discussing expert witnesses, because this case will involve a duel between expert witnesses as to whether or not the defendant was legally insane.

HARRIS: But you know, Kendall, all of the different things about these two cases that are similar, there is one really big, gaping difference, the fact that in the Andrea Yates case, there had been years of evidence that she had some sort of mental problems. No such evidence or no such witnesses from the neighborhood or anybody else that we've talked to or heard talk in the media saying anything about mental illness in this case.

COFFEY: I agree, and for starters, that looks like a very tough issue for of the defense. But what the defense will probably try to do is turn it around, and say this was an undiagnosed mental defect or condition that went off like a time bomb, exploding in the middle of the night with tragic consequences, and precisely because there was no treatment, it wasn't diagnosed, the defendant unable to deal with it and unable to control the tragic outcome.

HARRIS: Interesting. Do you see the religions coming in at all on this one and playing a factor, since Andrea Yates was also a very religious woman? We've heard the same thing here about Laney?

COFFEY: Well, certainly the defense, as they did in the Yates trial, is going to will talk about a defendant who heard voices, voices telling her to do the most unthinkable, unimaginable crime.

But what is critical in an insanity case, if that is indeed the defense strategy, it's not enough to show that you heard voices or that you acted out of some impulse. The defense has to show they could not distinguish between right or wrong under Texas law.

HARRIS: Real quickly, we have to go here, but I have to ask you this, the Yates case experience, based on that, is it state going to have anything different to think about in coming up with the penalty in this case?

COFFEY: No, I think this is going to be a death penalty case. There no more horrible crime known to the human condition than murdering one's own children.

HARRIS: Kendall Coffey in Miami, always good to see you.

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 May 13, 2003 - 10:36   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Texas prosecutor say that it's too early to decide whether they'll seek the death penalty against a woman charged with bludgeoning to death her two children and critically injuring her third. Deanna Lejune (ph) Laney has been charged with capital murder, and she is being held on $3 million bail. This case is tragically similar to that of Andrea Yates, another Texas mother who is at the center of a child murder case. Laney's lawyer says he's learning from Yates' defense and her conviction as well.
Joining us now to talk about all of this, is from Miami, former U.S. attorney Kendall Coffey.

Let's first of all talk about the fact that Ms. Laney's attorney spoke with George Parnham, who is the attorney who represented Andrea Yates. What possibly could Parnham actually have to share and help in this case?

KENDALL COFFEY, FMR. U.S. ATTY: Well, the parallels are haunting and horrifying. And certainly, from a prosecution standpoint and a defense standpoint, they are going to be studying what happened with Andrea Yates. I think conceptually, defense lawyers probably asking Yates' lawyer, how do you take elements of a crime that are so horrifying and convince the jury that rather than punishing the defendant, those horrifying elements mean that the defendant was insane with in the narrow legal definition?

In practical terms, Leon, they are probably discussing expert witnesses, because this case will involve a duel between expert witnesses as to whether or not the defendant was legally insane.

HARRIS: But you know, Kendall, all of the different things about these two cases that are similar, there is one really big, gaping difference, the fact that in the Andrea Yates case, there had been years of evidence that she had some sort of mental problems. No such evidence or no such witnesses from the neighborhood or anybody else that we've talked to or heard talk in the media saying anything about mental illness in this case.

COFFEY: I agree, and for starters, that looks like a very tough issue for of the defense. But what the defense will probably try to do is turn it around, and say this was an undiagnosed mental defect or condition that went off like a time bomb, exploding in the middle of the night with tragic consequences, and precisely because there was no treatment, it wasn't diagnosed, the defendant unable to deal with it and unable to control the tragic outcome.

HARRIS: Interesting. Do you see the religions coming in at all on this one and playing a factor, since Andrea Yates was also a very religious woman? We've heard the same thing here about Laney?

COFFEY: Well, certainly the defense, as they did in the Yates trial, is going to will talk about a defendant who heard voices, voices telling her to do the most unthinkable, unimaginable crime.

But what is critical in an insanity case, if that is indeed the defense strategy, it's not enough to show that you heard voices or that you acted out of some impulse. The defense has to show they could not distinguish between right or wrong under Texas law.

HARRIS: Real quickly, we have to go here, but I have to ask you this, the Yates case experience, based on that, is it state going to have anything different to think about in coming up with the penalty in this case?

COFFEY: No, I think this is going to be a death penalty case. There no more horrible crime known to the human condition than murdering one's own children.

HARRIS: Kendall Coffey in Miami, always good to see you.

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