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CNN Live At Daybreak
'Morning Coffey'
Aired May 14, 2003 - 06:22 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: Time for a little legal Coffey talk now. It looks like there will be another Oklahoma City bombing trial.
Our legal analyst, Kendall Coffey, is live on the phone from Miami.
Good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Terry Nichols already got life in prison. Now he could get the death penalty?
COFFEY: As the accomplice of Timothy McVeigh, who, as we recall, was executed in June of 2001 for the Oklahoma City bombings, Nichols still faces state charges. The double jeopardy clause does not prevent the state from bringing its own criminal charges even after federal prosecutors have had their day in court. So he faces 160 counts of first degree murder.
COSTELLO: And, of course, this trial is important for family members of the Oklahoma victims. But as far as other taxpayers are concerned, this trial is costing a lot of money.
Why go through this?
COFFEY: It's a massive expense. We all recall all the issues that were involved with McVeigh. But from a prosecution standpoint, it's all about justice and closure. And for the victims, including most all of the many families in that local area, there isn't going to be justice until the final penalty is achieved.
COSTELLO: I understand.
Let's switch gears for a moment, shall we, and talk about this high school hazing mess in Illinois. I know that prosecutors in Illinois are trying to figure out whether to file criminal charges.
Do you think that federal charges could be filed against these students?
COFFEY: I don't see it as a matter of federal charges, but given the fact that five students were hospitalized, there's certainly going to be charges brought under state and local laws for assault, for battery. And they're still looking at whether there was some role of parents in some fashion supplying beer that may have had something to do with what happened in the hazing. COSTELLO: It's likely that only misdemeanor charges will be filed against these girls, at least that's what the "Chicago Times Sun" -- or "Chicago Sun-Times" is reporting this morning. And they're saying that that's because when you look at the videotape, you can't identify anyone very well.
COFFEY: Yes, I think the prosecutors feel that something has got to be done. But I don't think they're going to be trying to develop any legal weapons of mass destruction on some kids who got out of control. Meanwhile, Carol, this thing may be going to court as early as today by some of the students who are objecting to the suspensions.
COSTELLO: Oh, yes, two lawsuits filed, students objecting to the suspensions because, you know, they won't get to participate in certain classes that are going on in school right now. But all of them, I understand, will be able to graduate, isn't that right?
COFFEY: They're probably going to be able to graduate, but this is America, where everything and anything can get litigated, and there is a body of law suggesting that suspensions implicate due process rights. And so the issue today is going to be whether these students were given, in effect, a fair process before the suspensions were effected.
COSTELLO: All right, Kendall Coffey, thanks for bringing us up to date.
Kendall Coffey 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 May 14, 2003 - 06:22 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Time for a little legal Coffey talk now. It looks like there will be another Oklahoma City bombing trial.
Our legal analyst, Kendall Coffey, is live on the phone from Miami.
Good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Terry Nichols already got life in prison. Now he could get the death penalty?
COFFEY: As the accomplice of Timothy McVeigh, who, as we recall, was executed in June of 2001 for the Oklahoma City bombings, Nichols still faces state charges. The double jeopardy clause does not prevent the state from bringing its own criminal charges even after federal prosecutors have had their day in court. So he faces 160 counts of first degree murder.
COSTELLO: And, of course, this trial is important for family members of the Oklahoma victims. But as far as other taxpayers are concerned, this trial is costing a lot of money.
Why go through this?
COFFEY: It's a massive expense. We all recall all the issues that were involved with McVeigh. But from a prosecution standpoint, it's all about justice and closure. And for the victims, including most all of the many families in that local area, there isn't going to be justice until the final penalty is achieved.
COSTELLO: I understand.
Let's switch gears for a moment, shall we, and talk about this high school hazing mess in Illinois. I know that prosecutors in Illinois are trying to figure out whether to file criminal charges.
Do you think that federal charges could be filed against these students?
COFFEY: I don't see it as a matter of federal charges, but given the fact that five students were hospitalized, there's certainly going to be charges brought under state and local laws for assault, for battery. And they're still looking at whether there was some role of parents in some fashion supplying beer that may have had something to do with what happened in the hazing. COSTELLO: It's likely that only misdemeanor charges will be filed against these girls, at least that's what the "Chicago Times Sun" -- or "Chicago Sun-Times" is reporting this morning. And they're saying that that's because when you look at the videotape, you can't identify anyone very well.
COFFEY: Yes, I think the prosecutors feel that something has got to be done. But I don't think they're going to be trying to develop any legal weapons of mass destruction on some kids who got out of control. Meanwhile, Carol, this thing may be going to court as early as today by some of the students who are objecting to the suspensions.
COSTELLO: Oh, yes, two lawsuits filed, students objecting to the suspensions because, you know, they won't get to participate in certain classes that are going on in school right now. But all of them, I understand, will be able to graduate, isn't that right?
COFFEY: They're probably going to be able to graduate, but this is America, where everything and anything can get litigated, and there is a body of law suggesting that suspensions implicate due process rights. And so the issue today is going to be whether these students were given, in effect, a fair process before the suspensions were effected.
COSTELLO: All right, Kendall Coffey, thanks for bringing us up to date.
Kendall Coffey 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
