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CNN Live At Daybreak
Coffey Talk: Sniper Trials
Aired November 10, 2003 - 06:06 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: Here in the United States in D.C., the pain of remembering will double today in that area. Lee Boyd Malvo, the second alleged sniper, will be in court. Jury selection will get under way later this morning. Malvo was the teenager charged with murdering an FBI analyst last October in Falls Church, Virginia.
He's being tried in Chesapeake, and that's near Virginia Beach, where his alleged accomplice, John Allen Muhammad, is now on trial. Malvo's attorneys plan to argue he was brainwashed by Muhammad.
So time for some "Coffey Talk" right now. Live on the phone from Miami, our legal analyst, Kendall Coffey.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Is it odd that these trials are going on simultaneously?
COFFEY: It's certainly unusual. Obviously, when they begin to pick a jury in the Malvo case, they'll spend some time not only discussing the massive publicity of a year ago, but also the extent to which potential jurors are being influenced by some of the ongoing news coverage of the Muhammad trial that, of course, is going on each day.
COSTELLO: We hear, Kendall, that the defense will argue Malvo was temporarily insane. In fact, the prosecutor is calling it the Flip Wilson defense, and he calls it that because of the character of Geraldine that said "the devil made me do it." Can they really prove that?
COFFEY: It looks like an incredible long shot, but this is a very, very tough defense. They've got to try something. And ironically, Carol, in the neighboring trial, the Muhammad prosecutors are emphasizing the extent to which Muhammad exercised control over Malvo. So, while it's going to be very, very tough in terms of an insanity defense, it might help Malvo, in the event that he's convicted, when he gets to the life-and-death phase of sentencing.
COSTELLO: You know, it's just hard to believe right now, because Malvo did a lot of talking -- confessions on tape, said it all calmly. How can you prove that that's insane?
COFFEY: Well, that's exactly why they have to go with a defense like this. Not only is most of the physical evidence linking Malvo to the shootings, there is a horrific confession, apparently boasting, even joking, about the terrible crimes that were being committed. So, when everything is pointing to conviction and worse, insanity is perhaps the only defense they can come up with.
COSTELLO: I mean, is it possible for attorneys to say those confessions were concocted to protect Muhammad?
COFFEY: That's what they're trying to say. They are going to take a whole bit of history of the relationship and show that he regarded Muhammad as his father. He would do anything to protect him. But realistically, the defense is already looking ahead to the penalty phase, Carol, because in the death penalty phase, it does become relevant whether one defendant was dominated or heavily influenced by another.
COSTELLO: All right, Kendall Coffey reporting live for us by phone from Miami. We appreciate it.
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 November 10, 2003 - 06:06 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Here in the United States in D.C., the pain of remembering will double today in that area. Lee Boyd Malvo, the second alleged sniper, will be in court. Jury selection will get under way later this morning. Malvo was the teenager charged with murdering an FBI analyst last October in Falls Church, Virginia.
He's being tried in Chesapeake, and that's near Virginia Beach, where his alleged accomplice, John Allen Muhammad, is now on trial. Malvo's attorneys plan to argue he was brainwashed by Muhammad.
So time for some "Coffey Talk" right now. Live on the phone from Miami, our legal analyst, Kendall Coffey.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Is it odd that these trials are going on simultaneously?
COFFEY: It's certainly unusual. Obviously, when they begin to pick a jury in the Malvo case, they'll spend some time not only discussing the massive publicity of a year ago, but also the extent to which potential jurors are being influenced by some of the ongoing news coverage of the Muhammad trial that, of course, is going on each day.
COSTELLO: We hear, Kendall, that the defense will argue Malvo was temporarily insane. In fact, the prosecutor is calling it the Flip Wilson defense, and he calls it that because of the character of Geraldine that said "the devil made me do it." Can they really prove that?
COFFEY: It looks like an incredible long shot, but this is a very, very tough defense. They've got to try something. And ironically, Carol, in the neighboring trial, the Muhammad prosecutors are emphasizing the extent to which Muhammad exercised control over Malvo. So, while it's going to be very, very tough in terms of an insanity defense, it might help Malvo, in the event that he's convicted, when he gets to the life-and-death phase of sentencing.
COSTELLO: You know, it's just hard to believe right now, because Malvo did a lot of talking -- confessions on tape, said it all calmly. How can you prove that that's insane?
COFFEY: Well, that's exactly why they have to go with a defense like this. Not only is most of the physical evidence linking Malvo to the shootings, there is a horrific confession, apparently boasting, even joking, about the terrible crimes that were being committed. So, when everything is pointing to conviction and worse, insanity is perhaps the only defense they can come up with.
COSTELLO: I mean, is it possible for attorneys to say those confessions were concocted to protect Muhammad?
COFFEY: That's what they're trying to say. They are going to take a whole bit of history of the relationship and show that he regarded Muhammad as his father. He would do anything to protect him. But realistically, the defense is already looking ahead to the penalty phase, Carol, because in the death penalty phase, it does become relevant whether one defendant was dominated or heavily influenced by another.
COSTELLO: All right, Kendall Coffey reporting live for us by phone from Miami. We appreciate it.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
