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CNN Live At Daybreak

Coffey Talk: Look at Latest Developments in Peterson Trial

Aired September 02, 2003 - 06:08   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: A lot happening in the nation's courts today, so time for some "Coffey Talk" right now. Scott Peterson back in court again today, too.
Live on the phone from Miami, our legal analyst, Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: So, today is just sort of a warm-up to next week's preliminary hearing. What are they going to be talking about?

COFFEY: Skirmishing over discovery -- that is the documents and other evidence that each side in a court case has to turn over to the other side. But everybody's attention is going to be on setting the stage for next week's preliminary hearing, where the prosecution is going to have to demonstrate that it has enough evidence to require that Scott Peterson be bound over for trial for the murder of his wife, Laci, and their unborn son, Connor.

COSTELLO: Will evidence be discussed, too, today, or will that wait for the preliminary hearing next week?

COFFEY: I don't think we're going to get into a lot of specifics today, but next week is going to be fascinating. After months of reading in the press what may or may not be the evidence, the prosecution is going to actually show some of its cards and some of the real evidence that may or may not lead to a sentence of conviction for the crime of murder.

COSTELLO: Well, having said that, in that preliminary hearing Peterson could either enter a plea or the judge could decide there's not enough evidence, and he could throw out the case. Any expectations either of those things will happen?

COFFEY: No one expects that the judge is going to throw out the case. The fascinating thing is going to be how much does the defense show any of its cards? The prosecution has got to put forward the basic elements of its case. But will we start to see some of the spicy things we've been hearing about -- satanic cult, random homicidal killers -- some of those theories, which the defense obviously is going to be presenting at some point along the way?

COSTELLO: And just remind me. I think that preliminary hearing, cameras will be allowed in the courtroom.

COFFEY: No, cameras will not be allowed in the courtroom.

COSTELLO: OK.

COFFEY: But the press will be allowed, and the public will be allowed. And so, we'll be getting reports, but not live coverage.

COSTELLO: OK, so we'll be getting a lot of information perhaps out of that preliminary hearing, but today it will just be your standard hearing.

So, let's move on to another case on tap. It's an appeals court hearing in West Palm Beach, Florida. A 14-year-old sentenced to life for killing a 6-year-old. He's going to appeal his sentence. And I remember this case, because the 14-year-old was copying off of TV what he saw in a wrestling match. He says he accidentally killed his 6- year-old playmate. The jury didn't buy it, and he was sentenced to life in prison at 14.

COFFEY: The case has gotten international attention, because Lionel Tate is believed to be the youngest American -- he was 12 at the time he killed 6-year-old Tiffany -- ever sentenced to life without parole.

Today's argument is going to center on legal issues, including whether he should have had his competency evaluated at the time of the trial because he was so young. But meanwhile, Florida Governor Jeb Bush and the cabinet will be considering later this month whether to schedule a clemency hearing for Lionel Tate at some point down the road in the event that the judicial appeals are unsuccessful.

COSTELLO: Your best guess as to what will happen?

COFFEY: I think the appeal is going to be very tough, but I think at some point clemency -- which the prosecutor has encouraged, which the warden for Lionel Tate has encouraged -- at some point clemency is going to mean, I think, that this young man does not spend the rest of his life in prison.

COSTELLO: It's just a really sad case. Kendall Coffey, thanks for joining us on DAYBREAK this morning.

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




Trial>


Aired September 2, 2003 - 06:08   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: A lot happening in the nation's courts today, so time for some "Coffey Talk" right now. Scott Peterson back in court again today, too.
Live on the phone from Miami, our legal analyst, Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: So, today is just sort of a warm-up to next week's preliminary hearing. What are they going to be talking about?

COFFEY: Skirmishing over discovery -- that is the documents and other evidence that each side in a court case has to turn over to the other side. But everybody's attention is going to be on setting the stage for next week's preliminary hearing, where the prosecution is going to have to demonstrate that it has enough evidence to require that Scott Peterson be bound over for trial for the murder of his wife, Laci, and their unborn son, Connor.

COSTELLO: Will evidence be discussed, too, today, or will that wait for the preliminary hearing next week?

COFFEY: I don't think we're going to get into a lot of specifics today, but next week is going to be fascinating. After months of reading in the press what may or may not be the evidence, the prosecution is going to actually show some of its cards and some of the real evidence that may or may not lead to a sentence of conviction for the crime of murder.

COSTELLO: Well, having said that, in that preliminary hearing Peterson could either enter a plea or the judge could decide there's not enough evidence, and he could throw out the case. Any expectations either of those things will happen?

COFFEY: No one expects that the judge is going to throw out the case. The fascinating thing is going to be how much does the defense show any of its cards? The prosecution has got to put forward the basic elements of its case. But will we start to see some of the spicy things we've been hearing about -- satanic cult, random homicidal killers -- some of those theories, which the defense obviously is going to be presenting at some point along the way?

COSTELLO: And just remind me. I think that preliminary hearing, cameras will be allowed in the courtroom.

COFFEY: No, cameras will not be allowed in the courtroom.

COSTELLO: OK.

COFFEY: But the press will be allowed, and the public will be allowed. And so, we'll be getting reports, but not live coverage.

COSTELLO: OK, so we'll be getting a lot of information perhaps out of that preliminary hearing, but today it will just be your standard hearing.

So, let's move on to another case on tap. It's an appeals court hearing in West Palm Beach, Florida. A 14-year-old sentenced to life for killing a 6-year-old. He's going to appeal his sentence. And I remember this case, because the 14-year-old was copying off of TV what he saw in a wrestling match. He says he accidentally killed his 6- year-old playmate. The jury didn't buy it, and he was sentenced to life in prison at 14.

COFFEY: The case has gotten international attention, because Lionel Tate is believed to be the youngest American -- he was 12 at the time he killed 6-year-old Tiffany -- ever sentenced to life without parole.

Today's argument is going to center on legal issues, including whether he should have had his competency evaluated at the time of the trial because he was so young. But meanwhile, Florida Governor Jeb Bush and the cabinet will be considering later this month whether to schedule a clemency hearing for Lionel Tate at some point down the road in the event that the judicial appeals are unsuccessful.

COSTELLO: Your best guess as to what will happen?

COFFEY: I think the appeal is going to be very tough, but I think at some point clemency -- which the prosecutor has encouraged, which the warden for Lionel Tate has encouraged -- at some point clemency is going to mean, I think, that this young man does not spend the rest of his life in prison.

COSTELLO: It's just a really sad case. Kendall Coffey, thanks for joining us on DAYBREAK this morning.

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




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