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CNN Live Today

A Look at Major Current Legal Issues

Aired July 24, 2003 - 10:26   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: Let's talk about this right now, this case and a couple of others as well, some of the ones we've been talking about this morning. Former federal prosecutor Kendall Coffy is joining us right now.
Kendall, glad to have you with us this morning. I can't remember the last time we had so many different legal cases at one time to talk about. But in this case, this case coming here out of Waco, Texas here, there still is nobody, as we heard the family pouring out their concern about Patrick Dennehy and his whereabouts right now. How is it that this case is being put together right now without a body?

KENDALL COFFY, FORMER FEDERAL PROSECUTOR: Well I think what the authorities have concluded is there's clearly no motive for premeditated murder. These two young men were friends.

But what must have happened, what the authorities believed happened is some kind of very reckless horseplay with guns became deadly gunplay, followed by a very unfortunate, sad and stupid cover- up by Carlton Dotson. And that cover up means that he in some fashion disposed of his friend, attempted to dispose of the vehicle, and gave various inconsistent statements to authorities.

So police have enough, probably including statements that Dotson has made that he actually pulled the trigger and what might have been an involuntary manslaughter scenario, when recklessness and reckless discharge of guns kills somebody, has become a murder charge because his conduct after the fact of this tragedy was so incriminating.

HARRIS: But it seems awful strange, doesn't it, to you that -- I think that they say that from the information they've garnered from talking with him, they had reason to search three different sites for a body and they still don't have one.

COFFY: He has not given all of the information. And the biggest mistake Dotson made apart from the initial terrible tragedy of the shooting, is he should have come clean. He should have said what happened. And now, of course, his attempt to be silent as to part of what happened is leaving this ordeal, still an open-ended tragedy for the family that's wondering where is our son.

HARRIS: It's so heartbreaking to watch a family go through this.

That is something the families around the D.C. area have also had to go through, and we'll talk about these cases there as well. The Washington area D.C. sniper cases specifically here. There was supposed to be a couple hearings today, one for John Muhammad and another one for Lee Boyd Malvo, the two men who are being held for those shootings in that area. But as I understand it, one set of hearings today has been canceled, another one will proceed. What do you know about all that?

COFFY: Well there are a lot of procedural issues, some important, some not important. For example, Malvo is asking for federal money to fund the defense. I don't think so.

But the important thing from a development of will actually happen in trial is that Malvo is starting to get some information, including information from the prosecutor, indicating that there are a number of people who will in fact say that Malvo was dominated, he was obedient, he was in some instances essentially indoctrinated by the much older Muhammad.

And all of these six witnesses that the prosecution has identified say that they thought Muhammad was the father of Malvo. And that's not going to get him away from a guilty conviction, but it could play heavily into the trial and could have a lot to do with whether the jury ultimately decides life or death for Malvo.

HARRIS: Interesting.

Well while we're still waiting for trial in the Kobe Bryant case -- there's segway for you -- there's a circus that seems to still be spinning out of control around it. The most recent development now being this local radio personality out in Colorado who has come out and identified the woman in this case. We have been thinking that that was impossible to do because of the rape shield laws that are in effect in Colorado. But now that her name and identity has been actually been released right now, is there any recourse at all for this woman?

COFFY: The irony is that whoever this D.J. is thinks that somehow they're on the side of Kobe Bryant. I don't think this is doing Kobe Bryant any favors at all. It's going to add sympathy to the alleged victim because now in addition to the ordeal she allegedly suffered before, she's being trashed, tarred, run through the mill on the public airways of this country.

As to what they can do about it, probably not much because in a great majority of instances courts have held that the media has a First Amendment right to talk about crimes in the public domain including the ability to give the name out of an adult alleged victim of rape.

HARRIS: I should clarify something, I misspoke there. This radio personality was working out of L.A.

So what you're saying here is that people in one state don't have to observe any shield laws that might be in effect in another state then?

COFFY: Interestingly enough, Leon, a number of these shield laws that have attempted to protect identity of alleged victims of rape have been struck down as unconstitutional because the court says at least where the alleged victim's an adult, there's probably a First Amendment right of the media to talk about the alleged name of the victim.

HARRIS: Oh boy. I hate to say it but it's just another one of the reasons why a lot folks don't really like the media. Kendall Coffy, sorry you're tarred with the same brush today, though. I appreciate your advice this morning. Kendall Coffy, take care.

COFFY: Thanks, Leon.

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 24, 2003 - 10:26   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Let's talk about this right now, this case and a couple of others as well, some of the ones we've been talking about this morning. Former federal prosecutor Kendall Coffy is joining us right now.
Kendall, glad to have you with us this morning. I can't remember the last time we had so many different legal cases at one time to talk about. But in this case, this case coming here out of Waco, Texas here, there still is nobody, as we heard the family pouring out their concern about Patrick Dennehy and his whereabouts right now. How is it that this case is being put together right now without a body?

KENDALL COFFY, FORMER FEDERAL PROSECUTOR: Well I think what the authorities have concluded is there's clearly no motive for premeditated murder. These two young men were friends.

But what must have happened, what the authorities believed happened is some kind of very reckless horseplay with guns became deadly gunplay, followed by a very unfortunate, sad and stupid cover- up by Carlton Dotson. And that cover up means that he in some fashion disposed of his friend, attempted to dispose of the vehicle, and gave various inconsistent statements to authorities.

So police have enough, probably including statements that Dotson has made that he actually pulled the trigger and what might have been an involuntary manslaughter scenario, when recklessness and reckless discharge of guns kills somebody, has become a murder charge because his conduct after the fact of this tragedy was so incriminating.

HARRIS: But it seems awful strange, doesn't it, to you that -- I think that they say that from the information they've garnered from talking with him, they had reason to search three different sites for a body and they still don't have one.

COFFY: He has not given all of the information. And the biggest mistake Dotson made apart from the initial terrible tragedy of the shooting, is he should have come clean. He should have said what happened. And now, of course, his attempt to be silent as to part of what happened is leaving this ordeal, still an open-ended tragedy for the family that's wondering where is our son.

HARRIS: It's so heartbreaking to watch a family go through this.

That is something the families around the D.C. area have also had to go through, and we'll talk about these cases there as well. The Washington area D.C. sniper cases specifically here. There was supposed to be a couple hearings today, one for John Muhammad and another one for Lee Boyd Malvo, the two men who are being held for those shootings in that area. But as I understand it, one set of hearings today has been canceled, another one will proceed. What do you know about all that?

COFFY: Well there are a lot of procedural issues, some important, some not important. For example, Malvo is asking for federal money to fund the defense. I don't think so.

But the important thing from a development of will actually happen in trial is that Malvo is starting to get some information, including information from the prosecutor, indicating that there are a number of people who will in fact say that Malvo was dominated, he was obedient, he was in some instances essentially indoctrinated by the much older Muhammad.

And all of these six witnesses that the prosecution has identified say that they thought Muhammad was the father of Malvo. And that's not going to get him away from a guilty conviction, but it could play heavily into the trial and could have a lot to do with whether the jury ultimately decides life or death for Malvo.

HARRIS: Interesting.

Well while we're still waiting for trial in the Kobe Bryant case -- there's segway for you -- there's a circus that seems to still be spinning out of control around it. The most recent development now being this local radio personality out in Colorado who has come out and identified the woman in this case. We have been thinking that that was impossible to do because of the rape shield laws that are in effect in Colorado. But now that her name and identity has been actually been released right now, is there any recourse at all for this woman?

COFFY: The irony is that whoever this D.J. is thinks that somehow they're on the side of Kobe Bryant. I don't think this is doing Kobe Bryant any favors at all. It's going to add sympathy to the alleged victim because now in addition to the ordeal she allegedly suffered before, she's being trashed, tarred, run through the mill on the public airways of this country.

As to what they can do about it, probably not much because in a great majority of instances courts have held that the media has a First Amendment right to talk about crimes in the public domain including the ability to give the name out of an adult alleged victim of rape.

HARRIS: I should clarify something, I misspoke there. This radio personality was working out of L.A.

So what you're saying here is that people in one state don't have to observe any shield laws that might be in effect in another state then?

COFFY: Interestingly enough, Leon, a number of these shield laws that have attempted to protect identity of alleged victims of rape have been struck down as unconstitutional because the court says at least where the alleged victim's an adult, there's probably a First Amendment right of the media to talk about the alleged name of the victim.

HARRIS: Oh boy. I hate to say it but it's just another one of the reasons why a lot folks don't really like the media. Kendall Coffy, sorry you're tarred with the same brush today, though. I appreciate your advice this morning. Kendall Coffy, take care.

COFFY: Thanks, Leon.

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