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CNN Live At Daybreak
Coffey Talk: Peterson Case
Aired September 29, 2003 - 06:39 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: The mother of Laci Peterson has filed suit to keep any profits from her death out of the hands of Scott Peterson. Scott Peterson, as you know, is charged with two counts of murder in the death of his wife and unborn child.
The lawsuit asks the judge to transfer any income stemming from the case to a trust until the outcome of his trial.
Time for a little "Coffey Talk" on this, the Peterson case. Legal analyst Kendall Coffey joins us live from Miami on the phone.
Good morning -- Kendall.
KENDALL COFFEEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, if Laci Peterson's mother gets her way in court, Scott Peterson will never see a dime from this case, right, even if he's proved innocent?
COFFEY: All true, but a big question, because there are some legal obstacles here. What they're trying to accomplish is something 40 states tried to accomplish with so-called "Son of Sam" laws, preventing criminals or alleged criminals from profiting through book or movie sales about the alleged crimes. But usually, Carol, those kind of procedures have been thrown out as unconstitutional, a violation of the First Amendment.
In fact, just last year, the Supreme Court of California on First Amendment grounds ruled against Frank Sinatra, Jr., who was attempting to seize the profits that the men who kidnapped him back in the 1960s were going to be trying to make on a movie called "Snatching Sinatra."
COSTELLO: Oh, interesting. Well, why doesn't the Peterson -- the Peterson -- I'm sorry. Why doesnt Laci Peterson's family just file a wrongful death suit, like, remember, they did in the O.J. Simpson case?
COFFEY: Yes, that is the traditional remedy, and they have every right to do it. But it is -- there is always a concern with civil lawsuits that they might in some way interfere with the work of the prosecutor in trying to get a criminal conviction -- interfere in the sense of creating all of these depositions out there that could involve prosecution witnesses. And interfere in the sense that when Laci Peterson's family members go on the stand, one of the first things the defense would ask them about: Isn't it true that you're really trying to get millions of dollars, and that's what your motivation is? COSTELLO: Interesting. Kendall Coffey joining us live by phone from Miami this morning, many thanks.
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 September 29, 2003 - 06:39 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The mother of Laci Peterson has filed suit to keep any profits from her death out of the hands of Scott Peterson. Scott Peterson, as you know, is charged with two counts of murder in the death of his wife and unborn child.
The lawsuit asks the judge to transfer any income stemming from the case to a trust until the outcome of his trial.
Time for a little "Coffey Talk" on this, the Peterson case. Legal analyst Kendall Coffey joins us live from Miami on the phone.
Good morning -- Kendall.
KENDALL COFFEEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, if Laci Peterson's mother gets her way in court, Scott Peterson will never see a dime from this case, right, even if he's proved innocent?
COFFEY: All true, but a big question, because there are some legal obstacles here. What they're trying to accomplish is something 40 states tried to accomplish with so-called "Son of Sam" laws, preventing criminals or alleged criminals from profiting through book or movie sales about the alleged crimes. But usually, Carol, those kind of procedures have been thrown out as unconstitutional, a violation of the First Amendment.
In fact, just last year, the Supreme Court of California on First Amendment grounds ruled against Frank Sinatra, Jr., who was attempting to seize the profits that the men who kidnapped him back in the 1960s were going to be trying to make on a movie called "Snatching Sinatra."
COSTELLO: Oh, interesting. Well, why doesn't the Peterson -- the Peterson -- I'm sorry. Why doesnt Laci Peterson's family just file a wrongful death suit, like, remember, they did in the O.J. Simpson case?
COFFEY: Yes, that is the traditional remedy, and they have every right to do it. But it is -- there is always a concern with civil lawsuits that they might in some way interfere with the work of the prosecutor in trying to get a criminal conviction -- interfere in the sense of creating all of these depositions out there that could involve prosecution witnesses. And interfere in the sense that when Laci Peterson's family members go on the stand, one of the first things the defense would ask them about: Isn't it true that you're really trying to get millions of dollars, and that's what your motivation is? COSTELLO: Interesting. Kendall Coffey joining us live by phone from Miami this morning, many thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
