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CNN Live At Daybreak

Coffey Talk: Jackson Memo

Aired December 10, 2003 - 06:38   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: Big questions this morning about the Michael Jackson case, now that a child welfare agency says claims of sexual abuse are unfounded. That tidbit is contained in a memo from the Los Angeles County Department of Family Services, who investigated abuse charges stemming from Jackson's alleged relationship with the same boy as in the Santa Barbara case. But the Santa Barbara D.A. discounts the memo and plans to go ahead with the charges.
It's time for some "Coffey Talk" on the Jackson case now and this memo. Our legal analyst, Kendall Coffey, live on the phone from Miami.

Good morning -- Kendall.

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

COSTELLO: Let's just get this out of the way. It's no accident that this memo was leaked, is it?

COFFEY: Well, in terms of it being leaked, who knows how it got out? The bottom line is these are confidential documents. But what it is going to lead to is the ability of the defense to get the statements that were apparently made to these investigators back in February -- statements from the alleged victim, his brother, his sister and his mother -- that adamantly deny any wrongdoing by Michael Jackson. In fact, the mother describes the entertainer as being like a father to the children and part of the family.

COSTELLO: Well, how do you get over this if you're the prosecution?

COFFEY: Timing is everything. What their theory is going to be is that whatever happened in February -- remember, Carol, there are apparently statements after February by one or more of the family members saying that Michael Jackson is a good guy and didn't do anything wrong. What they're going to say is that the child did not realize what had really happened until it was brought out through the therapy of a psychologist some time later in May, June, whenever -- by the way, a psychologist that was referred to them by the lawyer, the same lawyer that handled the civil settlement 10 years ago that we know netted millions and millions of dollars.

COSTELLO: This is going to be an ugly trial, isn't it? This little boy is sick.

COFFEY: Ugly and strange. His health obviously is a concern to everyone, and I think that the prosecutor is going to try to get past just relying on this single accusing victim -- alleged victim. What the prosecutor is looking for, they've put out practically an all- points bulletin calling all victims, looking for anyone else that's an alleged victim, and, Carol, going back 10 years ago perhaps to try to get some of the alleged victims from way back when to come forward and testify now as similar acts type of evidence.

COSTELLO: Just a last quick question. Will this boy take the stand? And if the boy does, how can you cross-examine him in a kind way?

COFFEY: Well, he will have to take the stand for this case to go forward. And cross-examining an alleged child victim is one of the most sensitive tasks there is. They're not going to attack the child. They will go after the mother. They will go after the lawyer. They will go after everyone but the child in cross-examination.

COSTELLO: All right, Kendall Coffey live from Miami this morning.

COFFEY: OK, thanks, Carol.

COSTELLO: You're welcome.

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 December 10, 2003 - 06:38   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Big questions this morning about the Michael Jackson case, now that a child welfare agency says claims of sexual abuse are unfounded. That tidbit is contained in a memo from the Los Angeles County Department of Family Services, who investigated abuse charges stemming from Jackson's alleged relationship with the same boy as in the Santa Barbara case. But the Santa Barbara D.A. discounts the memo and plans to go ahead with the charges.
It's time for some "Coffey Talk" on the Jackson case now and this memo. Our legal analyst, Kendall Coffey, live on the phone from Miami.

Good morning -- Kendall.

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

COSTELLO: Let's just get this out of the way. It's no accident that this memo was leaked, is it?

COFFEY: Well, in terms of it being leaked, who knows how it got out? The bottom line is these are confidential documents. But what it is going to lead to is the ability of the defense to get the statements that were apparently made to these investigators back in February -- statements from the alleged victim, his brother, his sister and his mother -- that adamantly deny any wrongdoing by Michael Jackson. In fact, the mother describes the entertainer as being like a father to the children and part of the family.

COSTELLO: Well, how do you get over this if you're the prosecution?

COFFEY: Timing is everything. What their theory is going to be is that whatever happened in February -- remember, Carol, there are apparently statements after February by one or more of the family members saying that Michael Jackson is a good guy and didn't do anything wrong. What they're going to say is that the child did not realize what had really happened until it was brought out through the therapy of a psychologist some time later in May, June, whenever -- by the way, a psychologist that was referred to them by the lawyer, the same lawyer that handled the civil settlement 10 years ago that we know netted millions and millions of dollars.

COSTELLO: This is going to be an ugly trial, isn't it? This little boy is sick.

COFFEY: Ugly and strange. His health obviously is a concern to everyone, and I think that the prosecutor is going to try to get past just relying on this single accusing victim -- alleged victim. What the prosecutor is looking for, they've put out practically an all- points bulletin calling all victims, looking for anyone else that's an alleged victim, and, Carol, going back 10 years ago perhaps to try to get some of the alleged victims from way back when to come forward and testify now as similar acts type of evidence.

COSTELLO: Just a last quick question. Will this boy take the stand? And if the boy does, how can you cross-examine him in a kind way?

COFFEY: Well, he will have to take the stand for this case to go forward. And cross-examining an alleged child victim is one of the most sensitive tasks there is. They're not going to attack the child. They will go after the mother. They will go after the lawyer. They will go after everyone but the child in cross-examination.

COSTELLO: All right, Kendall Coffey live from Miami this morning.

COFFEY: OK, thanks, Carol.

COSTELLO: You're welcome.

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