Return to Transcripts main page

CNN Live At Daybreak

Coffey Talk: Police Beating Case

Aired July 30, 2003 - 06:35   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: We are watching things in Los Angeles this morning. Still no reports of violence there. Police had been concerned because of the outcome of a police beating trial. It involved that videotape of teenager Donovan Jackson being slammed onto a police car by Inglewood police last summer.
Jeremy Morse was fired from the police force, and he was charged with assault, but the judge declared a hung jury after the jury said it was hopelessly deadlocked. Morse's former partner, Bijan Darvish, was acquitted on a charge that he filed a false police report about the incident.

Jackson's supporters held a peace vigil last night. Jackson was the teenager, by the way. Civil rights leaders called for residents to remain calm despite the trial's outcome.

It's time for some "Coffey Talk" now. Legal analyst Kendall Coffey live on the phone from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Should prosecutors retry this case?

COFFEY: I think so. Normally after a hung jury in a first trial, prosecutors will proceed with at least one more retrial, especially where there are indications that a majority of jurors favored a guilty verdict. But remember, the defense now has the benefit of having the prosecution's entire case, every card the prosecution is holding. So, oftentimes the prosecution doesn't get better or easier the second time around.

COSTELLO: So, what will the defense pick out to use in the next case if it happens?

COFFEY: Well, I think the key thing that the defense would be able to take advantage of is the testimony of Donovan Jackson himself. Understandably, because of everything he went through and the fact that he's young and other issues, he was confused at times. He was perhaps inconsistent and couldn't recall some things. But what they will do when he testifies again is pick up on his first testimony to point out even more inconsistencies and try to say that it simply isn't strong enough victim testimony to overcome a reasonable doubt in favor of Officer Jeremy Morse.

COSTELLO: The makeup of the jury; that had people talking this morning.

COFFEY: Well, of course, it's going to be talked about, but the reality is that what is always tough in any case is getting a conviction against police officers, who most jurors understandably have a positive opinion toward, for what amount to, according to defense views, split-second decisions being made in the line of duty. This wasn't tried by the prosecution as involving race, and the reality is that when police officers are involved in excessive force cases, it is never easy to get a prosecution verdict.

COSTELLO: Yes, but, Kendall, most of the jury was white. There was only one African-American on the jury, and many African-Americans have a far different opinion of police officers than many whites do.

COFFEY: Well, it's definitely something that's going to continue to get talked about. And one of the things that could happen down the road, don't forget that when Rodney King's alleged beaters were acquitted under state charges, they were prosecuted again under federal criminal civil rights charges. And in that scenario, two of them were convicted, and the jury pool in a federal civil rights charge might be a very different makeup of the jury. There's no decision been made, but it's clear that federal eyes have been watching this case from the beginning.

COSTELLO: Kendall Coffey live on the phone for us from Miami. Thank you for waking up early with DAYBREAK.

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 30, 2003 - 06:35   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: We are watching things in Los Angeles this morning. Still no reports of violence there. Police had been concerned because of the outcome of a police beating trial. It involved that videotape of teenager Donovan Jackson being slammed onto a police car by Inglewood police last summer.
Jeremy Morse was fired from the police force, and he was charged with assault, but the judge declared a hung jury after the jury said it was hopelessly deadlocked. Morse's former partner, Bijan Darvish, was acquitted on a charge that he filed a false police report about the incident.

Jackson's supporters held a peace vigil last night. Jackson was the teenager, by the way. Civil rights leaders called for residents to remain calm despite the trial's outcome.

It's time for some "Coffey Talk" now. Legal analyst Kendall Coffey live on the phone from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Should prosecutors retry this case?

COFFEY: I think so. Normally after a hung jury in a first trial, prosecutors will proceed with at least one more retrial, especially where there are indications that a majority of jurors favored a guilty verdict. But remember, the defense now has the benefit of having the prosecution's entire case, every card the prosecution is holding. So, oftentimes the prosecution doesn't get better or easier the second time around.

COSTELLO: So, what will the defense pick out to use in the next case if it happens?

COFFEY: Well, I think the key thing that the defense would be able to take advantage of is the testimony of Donovan Jackson himself. Understandably, because of everything he went through and the fact that he's young and other issues, he was confused at times. He was perhaps inconsistent and couldn't recall some things. But what they will do when he testifies again is pick up on his first testimony to point out even more inconsistencies and try to say that it simply isn't strong enough victim testimony to overcome a reasonable doubt in favor of Officer Jeremy Morse.

COSTELLO: The makeup of the jury; that had people talking this morning.

COFFEY: Well, of course, it's going to be talked about, but the reality is that what is always tough in any case is getting a conviction against police officers, who most jurors understandably have a positive opinion toward, for what amount to, according to defense views, split-second decisions being made in the line of duty. This wasn't tried by the prosecution as involving race, and the reality is that when police officers are involved in excessive force cases, it is never easy to get a prosecution verdict.

COSTELLO: Yes, but, Kendall, most of the jury was white. There was only one African-American on the jury, and many African-Americans have a far different opinion of police officers than many whites do.

COFFEY: Well, it's definitely something that's going to continue to get talked about. And one of the things that could happen down the road, don't forget that when Rodney King's alleged beaters were acquitted under state charges, they were prosecuted again under federal criminal civil rights charges. And in that scenario, two of them were convicted, and the jury pool in a federal civil rights charge might be a very different makeup of the jury. There's no decision been made, but it's clear that federal eyes have been watching this case from the beginning.

COSTELLO: Kendall Coffey live on the phone for us from Miami. Thank you for waking up early with DAYBREAK.

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