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CNN Live Today

Peterson Murder Case

Aired August 14, 2003 - 11:33   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: Jeffrey Toobin, our legal analyst, is here to talk about this.
And, Jeffrey, that picture outside the courtroom of the massive media that is assembled there to watch every single step of this trial as it unfolds, is this in some way going to influence a judge decision about what's going to happen inside the courtroom?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Oh, I absolutely think it will. The intensity of the coverage is the reason why the defense has asked not only for cameras to be thrown out of the courtroom, but for the media and for the public to be thrown out of the courtroom. Mark Geragos, the attorney for Scott Peterson, has asked that this be a closed hearing, like a grand jury proceeding, very unusual, has never really been done in the last 20 years. The reason is because of all this interest he's saying that there is no way Scott Peterson can get a fair trial unless all public access is cut off from now forward.

HARRIS: What are the judge's options in this case then?

TOOBIN: Well, I think there is almost no chance he'll throw the public out of the courtroom in the sense that he will shut down even people sitting there and listening to the testimony, but cameras in the courtroom is a tough call. One of the peculiarities of what Judge Goralvine (ph) has done so far is the hearing is going on right now as you and I are speaking. There are cameras in the courtroom, but he's not releasing the tape until the hearing is over. He's done that. I've never seen another judge who's done that. I don't really understand the reason he's doing it. That is a possibly compromise position.

I guess the idea is he can edit out anything he regards as inappropriate for public disclosure. But I think the cameras in the courtroom issue is going to be a tough call for the judge, and at this point, I really don't know which way he's going to go.

HARRIS: Yes, but you know what, if you want to look at it from a judge's perspective, hasn't this system that he's been using up to this point actually worked? We haven't seen anything or heard anything outlandish or outrageous coming out, and the leaks have seemed to have dried up here as well in this case.

TOOBIN: Well, that's right, and that's been very much the media argument, which is, that when you allow cameras in the courtroom, you get the focus on what's actually happening, the undistorted picture in the courtroom, instead of leaks, secretive dealings, you know, crash press conferences in front of the courtroom that are undignified and shouting. If you allow cameras in the courtroom, the idea is the good information drives out the bad information. The response is, it just adds more information, it doesn't really stop the bad information. That's really what the judge is wrestling with today.

HARRIS: Yes, considering this is California, we can't expect some sort of cut and dry decision. Something has got to happen to mix this whole thing up for us, Jeffrey.

TOOBIN: There will probably be some governor candidates stopping by since they've got to find places to campaign.

And, you know, the rule in California is, anything that could take two days takes a week. Anything that could take two weeks takes a month. Everything is slower in California, so the one confident prediction I'll make. Perhaps I'll be proved wrong, is we won't get an official answer to whether cameras in the courtroom for the preliminary hearing, September 9th, we won't know the answer today.

HARRIS: All right, we'll see how it turns out. We've got David Mattingly out there and our other reporters as well, so we'll see if you're right about that.

Jeffrey Toobin, appreciate it. Always good to see you.

TOOBIN: See you later.

HARRIS: Take care.

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 August 14, 2003 - 11:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Jeffrey Toobin, our legal analyst, is here to talk about this.
And, Jeffrey, that picture outside the courtroom of the massive media that is assembled there to watch every single step of this trial as it unfolds, is this in some way going to influence a judge decision about what's going to happen inside the courtroom?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Oh, I absolutely think it will. The intensity of the coverage is the reason why the defense has asked not only for cameras to be thrown out of the courtroom, but for the media and for the public to be thrown out of the courtroom. Mark Geragos, the attorney for Scott Peterson, has asked that this be a closed hearing, like a grand jury proceeding, very unusual, has never really been done in the last 20 years. The reason is because of all this interest he's saying that there is no way Scott Peterson can get a fair trial unless all public access is cut off from now forward.

HARRIS: What are the judge's options in this case then?

TOOBIN: Well, I think there is almost no chance he'll throw the public out of the courtroom in the sense that he will shut down even people sitting there and listening to the testimony, but cameras in the courtroom is a tough call. One of the peculiarities of what Judge Goralvine (ph) has done so far is the hearing is going on right now as you and I are speaking. There are cameras in the courtroom, but he's not releasing the tape until the hearing is over. He's done that. I've never seen another judge who's done that. I don't really understand the reason he's doing it. That is a possibly compromise position.

I guess the idea is he can edit out anything he regards as inappropriate for public disclosure. But I think the cameras in the courtroom issue is going to be a tough call for the judge, and at this point, I really don't know which way he's going to go.

HARRIS: Yes, but you know what, if you want to look at it from a judge's perspective, hasn't this system that he's been using up to this point actually worked? We haven't seen anything or heard anything outlandish or outrageous coming out, and the leaks have seemed to have dried up here as well in this case.

TOOBIN: Well, that's right, and that's been very much the media argument, which is, that when you allow cameras in the courtroom, you get the focus on what's actually happening, the undistorted picture in the courtroom, instead of leaks, secretive dealings, you know, crash press conferences in front of the courtroom that are undignified and shouting. If you allow cameras in the courtroom, the idea is the good information drives out the bad information. The response is, it just adds more information, it doesn't really stop the bad information. That's really what the judge is wrestling with today.

HARRIS: Yes, considering this is California, we can't expect some sort of cut and dry decision. Something has got to happen to mix this whole thing up for us, Jeffrey.

TOOBIN: There will probably be some governor candidates stopping by since they've got to find places to campaign.

And, you know, the rule in California is, anything that could take two days takes a week. Anything that could take two weeks takes a month. Everything is slower in California, so the one confident prediction I'll make. Perhaps I'll be proved wrong, is we won't get an official answer to whether cameras in the courtroom for the preliminary hearing, September 9th, we won't know the answer today.

HARRIS: All right, we'll see how it turns out. We've got David Mattingly out there and our other reporters as well, so we'll see if you're right about that.

Jeffrey Toobin, appreciate it. Always good to see you.

TOOBIN: See you later.

HARRIS: Take care.

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