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American Morning

Windshield Defendant Faces Sentencing

Aired June 27, 2003 - 07:16   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.


DARYN KAGAN, CNN ANCHOR: Chante Mallard faces five years to life in prison after being convicted of murder. She is the Texas women who struck a man with her car and left him to die lodged in the smashed windshield. The jury returned its verdict yesterday. It took them less than an hour. The sentencing phase of the trial resumes this morning.
Our Ed Lavandera joins us live this morning from Fort Worth, Texas.

Ed -- good morning.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Daryn.

Well, the defense isn't quite done putting on its testimony in the punishment phase of the trial. When court resumes here later this morning, they will continue doing that. Then it will be up to the jury to decide the future of Chante Mallard.

She testified on the witness stand for about two hours yesterday afternoon, talking about -- at least a dozen times saying that she didn't know what to do after striking Greg Biggs with her car, and that a night of drinking and doing drugs clouded her ability to make good decisions.

Prosecutors didn't take too kindly to that. They really laid into Chante Mallard during their questioning, saying if she knew how to get into a car after drinking and taking drugs to drive home, to make those decisions, suggesting she should have known what to do after hitting Greg Biggs.

But through all of that, Chante Mallard also taking the time to apologize not only to her family but also to the family of Greg Biggs.

(BEGIN VIDEO CLIP)

CHANTE MALLARD, CONVICTED OF MURDER: I have ruined the lives of other people. I have ruined my family's lives. I have put people through pain, and I am so truly sorry. I am so sorry, Brandon. I am so sorry for what I have caused your family.

(END VIDEO CLIP)

LAVANDERA: Biggs' family didn't show much emotion throughout that portion or much of the testimony throughout the morning.

Now, as you mentioned, Daryn, Chante Mallard does face the possibility of life in prison. On the other side, she also could just be sentenced to probation. Since this is her first felony offense, in Texas there is a stipulation that if it is your first felony offence, you could be sentenced to just probation, but not many legal observers here in the Fort Worth area actually think that's going to happen -- Daryn.

KAGAN: All right, Ed Lavandera in Fort Worth, thank you.

Miles has more no this.

MILES O'BRIEN, CNN ANCHOR: All right, joining us from Miami to talk more about the verdict and the possible sentence Chante Mallard will face, criminal defense attorney Jayne Weintraub.

Good to have you with us this morning.

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Miles.

O'BRIEN: First of all, a 55-minute return on that verdict, did that surprise you?

WEINTRAUB: Stunning. It really didn't surprise me, because there really wasn't much of a defense put up in this case. Remember, they have put up more in the penalty phase already than they have in the guilt or innocence phase. They only put up one witness. They did not put up any witnesses to talk about the intoxication or the effects of intoxication of that night, and they certainly didn't put up any witnesses to talk about -- a medical witness to talk about what was going on with her, or a psychiatrist, what was going on in her mind, what were her intentions.

O'BRIEN: So...

WEINTRAUB: But perhaps if the jury had seen that, they would have taken a little longer to deliberate.

O'BRIEN: So, she didn't have a very good defense?

WEINTRAUB: Well, it doesn't appear as though she did. It's always hard to second-guess a lawyer. But it doesn't appear as though she did. I mean, look, she's got a great demeanor, she's very remorseful. Miles, this is a tragedy, a true accident in the basic sense of the word. This is not a murder.

O'BRIEN: All right, let's talk about the remorsefulness of Chante Mallard. There's a tremendous amount of latitude in the punishment phase here, anywhere from five years all the way to life. Do you think that that statement in the testimony box there resonated in the courtroom?

WEINTRAUB: No. Remember, it is Texas, and Texas is known to be a very stiff, stiff state. Remember also that the witnesses that testified against her, her best friends who made the deals with the state, have already been sentenced to 10 years in prison for trying to dispose of the body after with her. So, for their conduct, they were given 10 years by this judge. So, I think if you use that as a barometer, you're going to see that Chante is looking at very significant time, probably 25 years.

O'BRIEN: Is that justice?

WEINTRAUB: I don't think so. I think that this was a manslaughter. I think murder is a deliberate act, an intentional act. This was a horrible accident.

O'BRIEN: But there was that period of time afterwards, beyond panic, when there was what appeared to be indifference. You don't think that that is what the jury was thinking about?

WEINTRAUB: Well, I don't think it was indifference. I think it was sheer panic. I think she was terrorized. She was under the influence of these unbelievable drugs -- ecstasy, pot. She was drinking. It's the middle of the night. She was literally out of her mind. I don't think she knew what she was doing.

O'BRIEN: All right, Jayne Weintraub, criminal defense attorney out of Miami, thank you very much for joining us.

WEINTRAUB: Thank you, Miles.

O'BRIEN: We'll watch that sentencing today, and we'll see how it goes. Appreciate it.

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 27, 2003 - 07:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Chante Mallard faces five years to life in prison after being convicted of murder. She is the Texas women who struck a man with her car and left him to die lodged in the smashed windshield. The jury returned its verdict yesterday. It took them less than an hour. The sentencing phase of the trial resumes this morning.
Our Ed Lavandera joins us live this morning from Fort Worth, Texas.

Ed -- good morning.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Daryn.

Well, the defense isn't quite done putting on its testimony in the punishment phase of the trial. When court resumes here later this morning, they will continue doing that. Then it will be up to the jury to decide the future of Chante Mallard.

She testified on the witness stand for about two hours yesterday afternoon, talking about -- at least a dozen times saying that she didn't know what to do after striking Greg Biggs with her car, and that a night of drinking and doing drugs clouded her ability to make good decisions.

Prosecutors didn't take too kindly to that. They really laid into Chante Mallard during their questioning, saying if she knew how to get into a car after drinking and taking drugs to drive home, to make those decisions, suggesting she should have known what to do after hitting Greg Biggs.

But through all of that, Chante Mallard also taking the time to apologize not only to her family but also to the family of Greg Biggs.

(BEGIN VIDEO CLIP)

CHANTE MALLARD, CONVICTED OF MURDER: I have ruined the lives of other people. I have ruined my family's lives. I have put people through pain, and I am so truly sorry. I am so sorry, Brandon. I am so sorry for what I have caused your family.

(END VIDEO CLIP)

LAVANDERA: Biggs' family didn't show much emotion throughout that portion or much of the testimony throughout the morning.

Now, as you mentioned, Daryn, Chante Mallard does face the possibility of life in prison. On the other side, she also could just be sentenced to probation. Since this is her first felony offense, in Texas there is a stipulation that if it is your first felony offence, you could be sentenced to just probation, but not many legal observers here in the Fort Worth area actually think that's going to happen -- Daryn.

KAGAN: All right, Ed Lavandera in Fort Worth, thank you.

Miles has more no this.

MILES O'BRIEN, CNN ANCHOR: All right, joining us from Miami to talk more about the verdict and the possible sentence Chante Mallard will face, criminal defense attorney Jayne Weintraub.

Good to have you with us this morning.

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Miles.

O'BRIEN: First of all, a 55-minute return on that verdict, did that surprise you?

WEINTRAUB: Stunning. It really didn't surprise me, because there really wasn't much of a defense put up in this case. Remember, they have put up more in the penalty phase already than they have in the guilt or innocence phase. They only put up one witness. They did not put up any witnesses to talk about the intoxication or the effects of intoxication of that night, and they certainly didn't put up any witnesses to talk about -- a medical witness to talk about what was going on with her, or a psychiatrist, what was going on in her mind, what were her intentions.

O'BRIEN: So...

WEINTRAUB: But perhaps if the jury had seen that, they would have taken a little longer to deliberate.

O'BRIEN: So, she didn't have a very good defense?

WEINTRAUB: Well, it doesn't appear as though she did. It's always hard to second-guess a lawyer. But it doesn't appear as though she did. I mean, look, she's got a great demeanor, she's very remorseful. Miles, this is a tragedy, a true accident in the basic sense of the word. This is not a murder.

O'BRIEN: All right, let's talk about the remorsefulness of Chante Mallard. There's a tremendous amount of latitude in the punishment phase here, anywhere from five years all the way to life. Do you think that that statement in the testimony box there resonated in the courtroom?

WEINTRAUB: No. Remember, it is Texas, and Texas is known to be a very stiff, stiff state. Remember also that the witnesses that testified against her, her best friends who made the deals with the state, have already been sentenced to 10 years in prison for trying to dispose of the body after with her. So, for their conduct, they were given 10 years by this judge. So, I think if you use that as a barometer, you're going to see that Chante is looking at very significant time, probably 25 years.

O'BRIEN: Is that justice?

WEINTRAUB: I don't think so. I think that this was a manslaughter. I think murder is a deliberate act, an intentional act. This was a horrible accident.

O'BRIEN: But there was that period of time afterwards, beyond panic, when there was what appeared to be indifference. You don't think that that is what the jury was thinking about?

WEINTRAUB: Well, I don't think it was indifference. I think it was sheer panic. I think she was terrorized. She was under the influence of these unbelievable drugs -- ecstasy, pot. She was drinking. It's the middle of the night. She was literally out of her mind. I don't think she knew what she was doing.

O'BRIEN: All right, Jayne Weintraub, criminal defense attorney out of Miami, thank you very much for joining us.

WEINTRAUB: Thank you, Miles.

O'BRIEN: We'll watch that sentencing today, and we'll see how it goes. Appreciate it.

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