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CNN Live At Daybreak

'Morning Coffey'

Aired July 09, 2003 - 06:52   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.


FREDRICKA WHITFIELD, CNN ANCHOR: In Modesto, California this morning, another legal battle in the Laci Peterson case. Lawyers for Scott Peterson, who was charged with the murder of his wife, want a judge to release evidence about another pregnant woman whose body was found last year in the San Francisco Bay.
Well, the defense says those details could help find what they call the actual perpetrators in Laci's death. But police say such a disclosure could hurt their chances of solving that other case.

Time now for some Coffey talk on the Peterson case.

Legal analyst Kendall Coffey joins us live from Miami.

Well, what is the defense trying to do here?

KENDALL COFFEY, CNN LEGAL ANALYST: Well, the defense is continuing to try to explore different theories as to who really, they say, killed Laci Peterson. Bearing in mind that there were 9,000 leads that police received and according to the defense, they bungled it, locking in Scott Peterson too early, like a heat seeking missile, and failing to find the real killer in the process.

WHITFIELD: And so the prosecutors say by releasing this information about the separate case while it is still an open case, it might jeopardize any closure bringing to that case.

Is that a good argument?

COFFEY: It's a very legitimate point. But here's the other side of that. If there is information there that could help prove a defense, then Scott Peterson has a constitutional right -- it's Brady material, something that may help the defense -- a constitutional right to that material. So it's something where the judge himself may have to examine the material and make his own determination as to whether it is stuff that is legitimately needed for Scott Peterson's defense.

WHITFIELD: So does this mean that the judge could take some time before actually making a ruling on this? He may want to do some research himself?

COFFEY: Absolutely. Unless the judge has already had an opportunity to review the materials, the judge is going to have to do that now, because it's much too serious a question to fail to delve into. WHITFIELD: All right, there's another issue here in this case, or in this hearing today. The media wants, or has put in a request to have wiretap conversations involving media and Scott Peterson. They want that released. Is there a good likelihood of that?

COFFEY: Well, I think what's likely to happen is unless Scott Peterson made incriminating statements, very unlikely, then the prosecution may well advise the judge that they don't intend to use any of those tapes, which might give the judge an opportunity to keep it under seal and not have to disclose it to anybody.

But if the prosecution intends to use the tapes with media personnel, then at some point they're going to have the right to look at those materials and perhaps pose objections to being admitted in trial.

WHITFIELD: All right, Kendall Coffey, thanks very much for getting up with us this morning.

Always good to see you.

COFFEY: Thanks, Fredricka.

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 July 9, 2003 - 06:52   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: In Modesto, California this morning, another legal battle in the Laci Peterson case. Lawyers for Scott Peterson, who was charged with the murder of his wife, want a judge to release evidence about another pregnant woman whose body was found last year in the San Francisco Bay.
Well, the defense says those details could help find what they call the actual perpetrators in Laci's death. But police say such a disclosure could hurt their chances of solving that other case.

Time now for some Coffey talk on the Peterson case.

Legal analyst Kendall Coffey joins us live from Miami.

Well, what is the defense trying to do here?

KENDALL COFFEY, CNN LEGAL ANALYST: Well, the defense is continuing to try to explore different theories as to who really, they say, killed Laci Peterson. Bearing in mind that there were 9,000 leads that police received and according to the defense, they bungled it, locking in Scott Peterson too early, like a heat seeking missile, and failing to find the real killer in the process.

WHITFIELD: And so the prosecutors say by releasing this information about the separate case while it is still an open case, it might jeopardize any closure bringing to that case.

Is that a good argument?

COFFEY: It's a very legitimate point. But here's the other side of that. If there is information there that could help prove a defense, then Scott Peterson has a constitutional right -- it's Brady material, something that may help the defense -- a constitutional right to that material. So it's something where the judge himself may have to examine the material and make his own determination as to whether it is stuff that is legitimately needed for Scott Peterson's defense.

WHITFIELD: So does this mean that the judge could take some time before actually making a ruling on this? He may want to do some research himself?

COFFEY: Absolutely. Unless the judge has already had an opportunity to review the materials, the judge is going to have to do that now, because it's much too serious a question to fail to delve into. WHITFIELD: All right, there's another issue here in this case, or in this hearing today. The media wants, or has put in a request to have wiretap conversations involving media and Scott Peterson. They want that released. Is there a good likelihood of that?

COFFEY: Well, I think what's likely to happen is unless Scott Peterson made incriminating statements, very unlikely, then the prosecution may well advise the judge that they don't intend to use any of those tapes, which might give the judge an opportunity to keep it under seal and not have to disclose it to anybody.

But if the prosecution intends to use the tapes with media personnel, then at some point they're going to have the right to look at those materials and perhaps pose objections to being admitted in trial.

WHITFIELD: All right, Kendall Coffey, thanks very much for getting up with us this morning.

Always good to see you.

COFFEY: Thanks, Fredricka.

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