Return to Transcripts main page

CNN Live Today

Cosmetics Heir Captured

Aired June 20, 2003 - 11:30   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.


HEIDI COLLINS, CNN ANCHOR: The attorney for Max Factor heir and former fugitive Andrew Luster is expected to file court papers at this hour. He wants the court to reinstate Luster's appeal of his rape conviction.
CNN legal analyst Jeffrey Toobin joins us now live from Washington to talk about the Luster case.

Will that be possible? Can he appeal?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I think I can characterize luster's legal strategy throughout his case using a technical legal term chutzpah. This is a guy who takes off in the middle of his trial and his lawyer says by the way he got an unfair trial. We want the court to overturn the conviction. Sorry, pal, I think this guy has no legal options except to break rocks in the hot sun for the next 124 years.

COLLINS: Won't the judge be infuriated the first time he lays eyes on him?

TOOBIN: I think this attorney has his work cut out for him. The argument will be, look, if the trial was unfair, it was unfair whether he was present or not. The way I understand the law is you got to show up in order to assert your right. And he not only did not show up, he went on the lam, he lost his chance, as far as I'm concerned, and I think basically, though his attorney will certainly do an aggressive job, as he should, he is just really out of luck, and his option now is to sit in jail for the rest of his life.

COLLINS: Jeffrey, we are look on the other side of the screen of the actual capture which brings us to "Dog" Chapman. He is still in Mexico at this time, along with the TV crew and members of his family. What will he do next?

TOOBIN: Well, I think his top priority will be to get the heck out of jail, and I think, you know, given the circumstances, he will probably get out without too much -- without having to serve too much longer. I think the Mexican authorities, as I know you pointed out earlier, don't like the idea of bounty hunters chasing people around in this country. They have their own police force. They have their own law enforcement. They don't like other people taking the law into their own hands. But these things have a way of working themselves out. And I see book and movie deals in the future for dog.

COLLINS: Yes, and what about American officials? Mexican officials don't like this idea, but he got the guy. TOOBIN: He got him. And I think he will get his reward. I think he did what our police couldn't do, and he got his bounty. It's a sort of nether area of the law, but, you know, the results speak for themselves. This was an -- even though the guy's name is funny, this was an important public service that he did. This was a horrible series of crimes that Luster was convicted of. He was in a situation where he was, we know he was wealthy. He could have supported himself for a long time on the lam. "Dog" brought him in. He deserves the credit and the money.

COLLINS: And last question for you, Jeffrey, about Andrew Luster. These court papers that are being filed as we speak,. Will the judge once again hear from the family or is -- the victim's family, or is that portion of the case pretty much over at this point?

TOOBIN: That's probably pretty much over. Sentencing is the time when the law allows family members of the victims to have a formal role in court. I don't think any judge in America will forget the family members of the victims here. Their work will be done by the prosecutors, and I think it will probably be done pretty successfully.

COLLINS: All right. Jeffrey Toobin, our CNN legal analyst. Thanks so much, Jeffrey.

Thanks.

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 June 20, 2003 - 11:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: The attorney for Max Factor heir and former fugitive Andrew Luster is expected to file court papers at this hour. He wants the court to reinstate Luster's appeal of his rape conviction.
CNN legal analyst Jeffrey Toobin joins us now live from Washington to talk about the Luster case.

Will that be possible? Can he appeal?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I think I can characterize luster's legal strategy throughout his case using a technical legal term chutzpah. This is a guy who takes off in the middle of his trial and his lawyer says by the way he got an unfair trial. We want the court to overturn the conviction. Sorry, pal, I think this guy has no legal options except to break rocks in the hot sun for the next 124 years.

COLLINS: Won't the judge be infuriated the first time he lays eyes on him?

TOOBIN: I think this attorney has his work cut out for him. The argument will be, look, if the trial was unfair, it was unfair whether he was present or not. The way I understand the law is you got to show up in order to assert your right. And he not only did not show up, he went on the lam, he lost his chance, as far as I'm concerned, and I think basically, though his attorney will certainly do an aggressive job, as he should, he is just really out of luck, and his option now is to sit in jail for the rest of his life.

COLLINS: Jeffrey, we are look on the other side of the screen of the actual capture which brings us to "Dog" Chapman. He is still in Mexico at this time, along with the TV crew and members of his family. What will he do next?

TOOBIN: Well, I think his top priority will be to get the heck out of jail, and I think, you know, given the circumstances, he will probably get out without too much -- without having to serve too much longer. I think the Mexican authorities, as I know you pointed out earlier, don't like the idea of bounty hunters chasing people around in this country. They have their own police force. They have their own law enforcement. They don't like other people taking the law into their own hands. But these things have a way of working themselves out. And I see book and movie deals in the future for dog.

COLLINS: Yes, and what about American officials? Mexican officials don't like this idea, but he got the guy. TOOBIN: He got him. And I think he will get his reward. I think he did what our police couldn't do, and he got his bounty. It's a sort of nether area of the law, but, you know, the results speak for themselves. This was an -- even though the guy's name is funny, this was an important public service that he did. This was a horrible series of crimes that Luster was convicted of. He was in a situation where he was, we know he was wealthy. He could have supported himself for a long time on the lam. "Dog" brought him in. He deserves the credit and the money.

COLLINS: And last question for you, Jeffrey, about Andrew Luster. These court papers that are being filed as we speak,. Will the judge once again hear from the family or is -- the victim's family, or is that portion of the case pretty much over at this point?

TOOBIN: That's probably pretty much over. Sentencing is the time when the law allows family members of the victims to have a formal role in court. I don't think any judge in America will forget the family members of the victims here. Their work will be done by the prosecutors, and I think it will probably be done pretty successfully.

COLLINS: All right. Jeffrey Toobin, our CNN legal analyst. Thanks so much, Jeffrey.

Thanks.

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