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CNN Live Today
Defrocked Priest Sentenced; Michael Jackson Trial
Aired February 15, 2005 - 10:59 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.
DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening "Now in the News."
A judge is expected to impose a sentence any minute for defrocked priest Paul Shanley. We're looking at a live picture of the courtroom there. He was convicted of raping a boy during the 1980s. The state is seeking sentence of life in prison.
We are monitoring the case in Massachusetts. We'll bring you any new developments and go live to the courtroom as the sentence is announced.
Iran's foreign minister says he is hopeful about talks with the European Union on the country's nuclear program. The EU is trying to persuade Iran to give up its uranium enrichment program. The U.S. is concerned Iran is trying to build nuclear weapons.
The son of the former Lebanese prime minister visits the site where his father was assassinated. Investigators are searching for clues in the bombing that killed Rafik Hariri and 16 others. Members of the political opposition say they hold Syria and Lebanon's pro- Syrian government. The latest live from Beirut in just a minute.
The National Hockey League is a step closer to putting the entire season on ice. The NHL commissioner will hold a news conference tomorrow. There he is expected to make that announcement. The Players Association did agree to a salary cap, but talks broke down early today over the amount.
And the baby boy whose mother who claimed that he had been throw from a moving car is out of the hospital this morning. Police now say the mother made up that story because she didn't want to keep the child. Baby Johnny has been placed with a foster family.
We're just a minute past 11:00 a.m. on the East Coast, just past 8:00 on the West. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
RICK SANCHEZ, CNN ANCHOR: And I'm Rick Sanchez.
Well, they're your tax dollars. President Bush has his hand out this morning -- although we're told now the judge has just come out of the Paul Shanley case. Paul Shanley faces the possibility of having 20 years in prison.
Let's see what the judge has to say. Let's listen in. JUDGE DANIEL PIEPER, 6TH CIRCUIT COURT: It is the duty of this court this morning to sentence Paul Shanley of Provincetown, Massachusetts, following his conviction on February 7, 2005 by a jury sitting in Cambridge of two charges of rape of a child and two charges of indecent assault and battery on a child under the age of 14. A judge is required to determine a sentence that is appropriate for the individual who stands convicted. That sentence should reflect the judge's assessment of several goals: punishment, deterrence, protection of the public and rehabilitation.
In assessing those goals to determine what sentence to impose on Mr. Shanley, I have taken into consideration a number of factors. I have considered the statutory penalties for the crimes of which Mr. Shanley stands convicted.
For each charge of rape of a child the penalty is any term of years up to life in state prison. For each charge of indecent assault and battery on a child under the age of 14, the penalty is a term of up to two-and-a-half years in the house of correction, or up to 10 years in state prison.
I have considered the arguments of Mr. Mondano on Mr. Shanley's behalf. I've read each of the 18 letters of support, concern and requests for leniency that had been submitted on behalf of Mr. Shanley by former professional colleagues, family, friends and supporters. I have listened to and considered the impact statements by the victim, Paul Busa, and by his father Richard and his wife Theresa.
The impact of the defendant's crimes on Paul Busa has been severe. Emotionally and psychologically, Mr. Shanley's crimes were devastating to Mr. Busa when he first recovered his memories of Mr. Shanley's sexual abuse. The emotional effects of those crimes on Mr. Busa continue to this day, affecting both him and his family. Moreover, Mr. Shanley's crimes effectively cost Mr. Busa his career in the Air Force and forced him to begin this professional life anew.
I have considered the arguments of Ms. Rooney with regard to sentencing and I read carefully the commonwealth's sentencing memorandum. I note that the commonwealth's memorandum includes under the heading "Other misconduct" descriptions of alleged sexual abuse by the defendant of other boys or young men in their teens.
As the commonwealth points out, a judge may not sentence a defendant for any conduct other than that for which the defendant stands convicted in the particular case. And I do not do so in this case.
A judge may, however, consider hearsay information in assessing the defendant's character, behavior, background and propensity for rehabilitation. Such information may include reliable evidence of the defendant's prior misconduct, including unresolved indictments for similar crimes.
On the record before me, the only information about the defendant's other misconduct, which in my judgment meets the standard I've just described, and which I consider solely as it bears on the defendant's character and propensity for rehabilitation, is that contained in the three sets of indictments which were involved in this case and subsequently (UNINTELLIGIBLE) by the commonwealth, naming males one, two and four as alleged victims.
The materials attached to or referred to in the commonwealth's memorandum either do not bear sufficient indicia of reliability, are not adequately supported, or do not on their face pertain to the defendant. And I do not consider them or arguments based on them for any purpose.
I have also considered whether there are mitigating or aggravating factors in this case. A sentencing judge is encouraged by the appellate courts to consider a wide range of factors in mitigation of the defendant's guilt, including the defendant's behavior, family life and employment.
Here I note the numerous letters describing in particular Paul Shanley's work as a priest over many years administering to the homeless and addicted, bringing mobile medical care to young people living on the street, and assisting with Catholic gays and lesbians struggling with their sexual identities. I note as well the defendant's lack of any previous criminal record.
I note also the following aggravated factors.
First, that the victim, Paul Busa, was especially vulnerable because the defendant's crimes against him began when he was as young as 6 or 7.
Second, that the defendant used his position and status as a priest to facilitate commission of the offenses. It is difficult to imagine a more egregious misuse of trust or authority than that which occurred in this case, where the defendant, a Roman Catholic priest at St. Jean's Church abused his position to enable his sexual abuse on Sunday mornings with a young CCD student.
Third, that the defendant committed repeated offenses against the same victim and did so over a period of years.
I note also that as one convicted of sex offenses, the defendant will be subject to registration as a sex offender when he is released from prison. In addition, before release, he will be subject to a petition if the commonwealth elects to file one, seeking to have him declared and civilly committed as a sexually dangerous person.
I have taken into account that under the laws in effect at the time of Mr. Shanley's crimes in the 1980s, and which govern his sentence for those crimes, Mr. Shanley will be eligible for parole when he has served two-thirds of the minimum sentence he receives. I have considered the sentencing guidelines in effect at the time the defendant committed the crimes of which he was convicted. Those non- binding guidelines advise the judge of a range of sentences based on the sentencing of similar offenders who have committed similar offenses.
In this case, considering the facts summarized and the goals of sentencing, my judgment is that an appropriate sentence in this case is one that falls above the high end of the guideline range. Under the sentence imposed today, the defendant will not be eligible for parole until he is in his 80s. And if not paroled, will not be eligible for release from prison until he is close to 90.
Upon completion of his state prison sentence, the defendant will be on lengthy probation with special conditions, including the requirement that he have no contact with children. Accordingly, the court will sentence the defendant as follows.
On Indictment 006, Rape of a Child, not less than 12 and not more than 15 years in state prison. On Indictment 007, Rape of a Child, not less than 12 and not more than 15 years in state prison, to run concurrently with the sentence on Indictment 006.
On Indictment 003, Indecent Assault and Battery on a Child Under Age 14, probation for a period of 10 years to run from and after the sentences on 006 and 007. Special conditions of probation, defendant shall have no contact with any child under the age of 16 and shall attend and complete sex offender treatment in a program to be designated by the probation department.
On Indictment 014, Indecent Assault and Battery on a Child Under Age 14, probation for a period of 10 years to run concurrent with the sentence on 013. Special conditions of probation, the defendant shall have no contact with any child under the age of 16 and shall attend and complete sex offender treatment and a program to be designated by the probation department.
The clerk may now impose sentence.
UNIDENTIFIED MALE: (UNINTELLIGIBLE).
SANCHEZ: So there you have it. Paul Shanley essentially being sentenced by the judge over what judges would be able to prescribe in this case. And the judge made several points on that.
Twelve years on rape count one, 12 years on rape count two. A lot of legal experts in this area were expecting 10 and 10. Also, another 10 and then another 10 in probation in the -- in the case of indecent assault.
So, all in all, what the judge is essentially saying is no parole until he's well into his 80s. And most likely, if he does the full term, he will be well into his 90s. Former priest Paul Shanley is 74 years old right now.
Let's bring in our legal eagle on this, Kendall Coffey, who's been watching this.
Kendall, what do you make of the way the judge came down in this case?
KENDALL COFFEY, LEGAL ANALYST: I think it's going to be seen as a firm, as a pretty tough but overall fair sentence. It obviously wasn't a life sentence. But as the judge pointed out, that would even be farther above the guidelines.
And I think the judge felt that it was a first crime, although it's a horrible crime. He had to consider that. And more importantly, Rick, I think the fact that Shanley did a lot of good things had to count for something.
So it was a tough sentence. It could have been worse. I think it's going to be perceived as very just under the circumstances.
SANCHEZ: Yes, he mentioned two goods and one bad in mitigating circumstances. The goods were that he'd helped the poor, that he'd helped homeless children, that he had no prior. The bad is that he was a priest when he did this, and the child that he abused, the child that he raped, was one of his students in a church.
COFFEY: It's the ultimate crime of betrayal. And apart from murder, it's a about as horrific as any crime gets when you're talking about child rape.
These were the sentences that had to be applied because you're looking, in effect, back through history. This goes back 20 years. So the judge is not imposing sentences under the laws of today, which frankly would have been more harsh. He's got to look back to the early 80s and apply the prison sentencing system as it was in effect back then.
SANCHEZ: Let me ask you about something that the judge didn't talk about and that wasn't discussed in the courtroom as well, but that you know, and that I know, and that anyone in the media who's followed this case knows, that this was only the beginning for Paul Shanley. Paul Shanley was moved, according to reports and according to accusations, from church to church, where incidents very much like this were later reported.
Can a judge allow that to be in the back of his head even if he doesn't mention it when it comes to judgment day like this?
COFFEY: Well, judges aren't supposed to. You always wonder whether the fact that it was so well known that this guy was an egregious serial predator, it's hard to think that didn't account for anything.
Although, it's striking, Rick. He specifically went through the other allegations in the same indictment and said that they weren't sufficiently substantiated. So among other things, he was making it very clear that this was all he could do based upon the record of other sexual abuse that was presented to him by the prosecution.
SANCHEZ: Kendall Coffey, as usual, there for us when we have information like this coming across. We do thank you, Kendall, for taking the time to talk to us and take us through this.
COFFEY: Hey, thank you, Rick.
KAGAN: Another big legal case in the news, Michael Jackson in Santa Maria. Jury selection continues and the witness list -- the wish list, at least, is out. We'll talk about that straight ahead.
(COMMERCIAL BREAK)
KAGAN: On to Michael Jackson now. He has a star-studded roster of witnesses that he might call to testify in his child molestation trial.
Our Miguel Marquez is at the courthouse in Santa Maria, California, with more on that. Also, jury selection resuming this morning.
Good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Daryn.
Yes, it's a very long list, and it's not clear who will be testifying on that list. The judge even telling potential jurors yesterday that it's not clear who would be testifying on that list. But it is a very, very long list. By one count, over 500, about 550 total between the prosecution witness list and the defense witness list.
You know, Mr. Mesereau, Mr. Jackson's lawyer, just arrived a few minutes ago. We expect Mr. Jackson to arrive here any time now.
Mr. Mesereau was joined by their jury consultant, by Susan Yu, another member of his law firm and a member of the Jackson defense team. And Brian Oxman, who's been a longtime friend and attorney for the Jackson family.
On that witness list, some of the highlights, at least from the defense's witness list, Kobe Bryant, the basketball star with the Los Angeles Lakers; longtime Jackson friend Diana Ross; Dame Elizabeth Taylor, also a Jackson friend who he has known for many years; Steve Wonder, also counted in those that consider themselves friends of Mr. Jackson; CBS News' Ed Bradley, who interviewed Mr. Jackson; Larry King, CNN's only Larry King; and Maury Povich, a TV talk show host; David Blaine, the magician; Jay Leno of "The Tonight Show"; and also Tom Sneddon, the district attorney of Santa Barbara County, who the defense maintains has a vendetta against Mr. Jackson and saying he went too far in trying to investigate him, as well as bring this case.
Now, the prosecution has their own witness list as well. And on that is Debbie Rowe, who is the mother of Michael Jackson's children. And Ben Brafman, Mr. Jackson's former attorney is also on the prosecution's witness list. Mark Geragos is also on the prosecution's witness list, as well as the defense witness list.
The '93 accuser and his whole family are on the prosecution's witness list as well. So that gives you an idea of what they are thinking about when it comes to this case. They may want to ask him to come to testify. The judge has not yet ruled on whether or not he will allow testimony from the '93 accuser, or any past allegations against Jackson into this case.
Today the questioning will continue with those jurors seated in the jury box. There's 12 jurors in there. All 112 jurors now are in the room. But only those 12 are being questioned for 10 minutes a piece by the defense and the prosecution.
And we suspect that yesterday there was one juror dismissed for a medical reason. And we suspect today that we're going to see a lot more jurors dismissed for whatever reason of bias they can find -- Daryn.
KAGAN: Miguel, did you say Jackson's former attorneys are on the prosecution witness list? That would seem odd, calling a former attorney. You would think that attorney-client privilege would kick in.
MARQUEZ: Yes, it's not clear -- well, one, it's not clear that he will be called in the end. But he is on the prosecution's witness list. Ben Brafman from New York, Mark Geragos is also on the prosecution's witness list. So it's not clear that they'll be called, but certainly it sets up an interesting -- lots of interesting and thorny questions if and when they are -- Daryn.
KAGAN: No shortage of those in this case. Miguel Marquez in Santa Maria. Thank you.
MARQUEZ: Sure.
SANCHEZ: Here's what else is on the docket on this day in our look at "Legal Briefs."
A jury in Charleston, South Carolina, is deciding whether the antidepressant Zoloft drove a boy to kill his grandparents. That's the defense's argument.
The prosecutors say that Christopher Pittman shot his grandparents out of anger and that he knew exactly what he was doing. Deliberations resume this morning. The jury got the case yesterday and deliberated for about four hours.
The Robert Blake murder trial enters a new phase. Lawyers for the actor are expected to begin his defense next hour. Blake is on trial for the murder of his wife Bonny Lee Bakley in May of 2001. He broke down and sobbed in court yesterday. Prosecutors played recordings of him talking about his love for the daughter that he had with Bakley.
KAGAN: All right. And as we go to break, let's go ahead and check the markets. They've been open, well, coming up close to two hours. The Dow is up 53 points on this Tuesday morning. Nasdaq up as well 19 points.
We'll take a break. We're back after this.
(COMMERCIAL BREAK)
KAGAN: Our "Daily Dose" of health news begins with flu shots and who should get them. A new study suggesting that giving shots to the elderly has failed to lower death rates from the flu. The study's author suggests expanding flue vaccinations for school children, however. But the CDC says it has no plans to change its advice on who should get flu shots.
There are calls this morning for a new warning label on Ibuprofen. Parents who say their 3-year-old daughter died after taking the drug held a news conference. They want a warning that Ibuprofen could cause life-threatening conditions like the one that their daughter developed. They are sending a petition to the FDA signed by several medical experts.
Raise the glass. Another study confirms wine is good for the heart, even if you've had a heart attack. A Swedish institute studied 100 women with coronary disease. They found those who drank a glass of wine every day had healthier hearts.
Researchers say that key -- the key is regular limited amounts of wine. No binge drinking, and beer and spirits, nope, don't work like the wine does.
To get your "Daily Dose" of health news online, log onto our Web site. You'll find the latest medical news, a health library and information on diet and fitness. The address is cnn.com/health.
SANCHEZ: We've got an update this morning on a courageous boy and his battle with a brain tumor. Nine-year-old David Dingham nicknamed tumor Frank after the monster Frankenstein. He nicknamed the tumor, that is.
Well, his mother says Frank is now dead and David is now cancer- free. She's holding a news conference this hour to announce the results of the biopsy. It appears to be all good news.
David and most of the tumor removed during surgery earlier this month. Tiffany Dingham Grover launched an online auction to help pay for her son's medical bills.
KAGAN: Hundreds are killed in China after an explosion in a mine. How many more are still trapped? We'll have the very latest.
(COMMERCIAL BREAK)
SANCHEZ: What stories are getting your attention on our Web site? Well, with CNN.com's most popular stories today, here is Christina Park. She's going to tell us some of the things that maybe should be on people's minds, right?
CHRISTINA PARKS, CNN ANCHOR: Oh, yes, absolutely. You'd be surprised to what you can find on CNN.com's most popular sites.
SANCHEZ: Can't wait to find out.
PARKS: Yes. These are the stories that viewers are clicking on the most. And right now our online users have been riveted by one of the stories we're going to see on this show.
The daughter of conservative Republican Alan Keyes talking about her sexuality. At CNN.com, you can read more about why Maya Marcel- Keyes says she's driven to speak out, including about how she feels about her rocky relationship with her dad, Alan Keyes. IF you remember, Keyes caused a stir when he called homosexuality "selfish" and called Vice President Dick Cheney's lesbian daughter a "sinner."
All right. Also, it's a mixed bag today. We're switching gears on CNN.com's most popular stories.
Is comedian Chris Rock biting the hand that feeds him? Well, the producer of the Oscar says he's not too worry by the first-time host's belittling comments. Most of the jabs included calling the Academy Awards show idiotic and akin to a fashion show.
Rock will be hosting the Oscars on February 27th. He's also been quoted saying, "What straight black man sits there and watches the Oscars? Show me one." "The Drudge Report" sights unnamed sources saying some academy members are calling for Rock's resignation as host.
Finally, to another most popular story literally heating up online at CNN.com, and perhaps another reason to enjoy your seafood guilt-free. A new study out of Norway says it's unlikely that lobsters feel pain.
Now, this stirs up the debate over whether the crustaceans suffer when being boiled alive. Animal activists, though, claim that lobsters are in agony when they're being cooked and say dropping one in a pot of boiling water is tantamount to torture. The 39-page study says lobsters' little brains and primitive nervous systems don't have the ability to process pain.
And, Rick, that's just some of what's causing waves at CNN.com.
Do you think lobsters feel pain?
SANCHEZ: I've got to tell you, that's an argument I have absolutely no background to be able to delve into.
PARKS: Yes?
SANCHEZ: I don't know the ability of a lobster's brain to feel pain. I'm going to go home tonight and I'm going to work on it for you, though.
PARKS: Well, to give you a taste, one marine biologist at the University of Aberdeen says lobsters and crabs have 100,000 neurons. Those are nerve cells, whereas vertebrates like you and me have upwards of 100 billion. So, you know, ow!
SANCHEZ: Oh. OK, gotcha.
PARKS: Yes.
SANCHEZ: 100,000. I thought it was 999...
PARKS: You're close. You're close. SANCHEZ: Appreciate it.
PARKS: Thanks.
SANCHEZ: Daryn.
KAGAN: Yes, I wonder how many lobsters they interviewed for that study.
SANCHEZ: Yes.
KAGAN: All right. You know the story, but the pictures say so much more. It's the site of the Beirut bombing. We're going to take you there, step by step.
(COMMERCIAL BREAK)
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Aired February 15, 2005 - 10:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Let's take a look at what's happening "Now in the News."
A judge is expected to impose a sentence any minute for defrocked priest Paul Shanley. We're looking at a live picture of the courtroom there. He was convicted of raping a boy during the 1980s. The state is seeking sentence of life in prison.
We are monitoring the case in Massachusetts. We'll bring you any new developments and go live to the courtroom as the sentence is announced.
Iran's foreign minister says he is hopeful about talks with the European Union on the country's nuclear program. The EU is trying to persuade Iran to give up its uranium enrichment program. The U.S. is concerned Iran is trying to build nuclear weapons.
The son of the former Lebanese prime minister visits the site where his father was assassinated. Investigators are searching for clues in the bombing that killed Rafik Hariri and 16 others. Members of the political opposition say they hold Syria and Lebanon's pro- Syrian government. The latest live from Beirut in just a minute.
The National Hockey League is a step closer to putting the entire season on ice. The NHL commissioner will hold a news conference tomorrow. There he is expected to make that announcement. The Players Association did agree to a salary cap, but talks broke down early today over the amount.
And the baby boy whose mother who claimed that he had been throw from a moving car is out of the hospital this morning. Police now say the mother made up that story because she didn't want to keep the child. Baby Johnny has been placed with a foster family.
We're just a minute past 11:00 a.m. on the East Coast, just past 8:00 on the West. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
RICK SANCHEZ, CNN ANCHOR: And I'm Rick Sanchez.
Well, they're your tax dollars. President Bush has his hand out this morning -- although we're told now the judge has just come out of the Paul Shanley case. Paul Shanley faces the possibility of having 20 years in prison.
Let's see what the judge has to say. Let's listen in. JUDGE DANIEL PIEPER, 6TH CIRCUIT COURT: It is the duty of this court this morning to sentence Paul Shanley of Provincetown, Massachusetts, following his conviction on February 7, 2005 by a jury sitting in Cambridge of two charges of rape of a child and two charges of indecent assault and battery on a child under the age of 14. A judge is required to determine a sentence that is appropriate for the individual who stands convicted. That sentence should reflect the judge's assessment of several goals: punishment, deterrence, protection of the public and rehabilitation.
In assessing those goals to determine what sentence to impose on Mr. Shanley, I have taken into consideration a number of factors. I have considered the statutory penalties for the crimes of which Mr. Shanley stands convicted.
For each charge of rape of a child the penalty is any term of years up to life in state prison. For each charge of indecent assault and battery on a child under the age of 14, the penalty is a term of up to two-and-a-half years in the house of correction, or up to 10 years in state prison.
I have considered the arguments of Mr. Mondano on Mr. Shanley's behalf. I've read each of the 18 letters of support, concern and requests for leniency that had been submitted on behalf of Mr. Shanley by former professional colleagues, family, friends and supporters. I have listened to and considered the impact statements by the victim, Paul Busa, and by his father Richard and his wife Theresa.
The impact of the defendant's crimes on Paul Busa has been severe. Emotionally and psychologically, Mr. Shanley's crimes were devastating to Mr. Busa when he first recovered his memories of Mr. Shanley's sexual abuse. The emotional effects of those crimes on Mr. Busa continue to this day, affecting both him and his family. Moreover, Mr. Shanley's crimes effectively cost Mr. Busa his career in the Air Force and forced him to begin this professional life anew.
I have considered the arguments of Ms. Rooney with regard to sentencing and I read carefully the commonwealth's sentencing memorandum. I note that the commonwealth's memorandum includes under the heading "Other misconduct" descriptions of alleged sexual abuse by the defendant of other boys or young men in their teens.
As the commonwealth points out, a judge may not sentence a defendant for any conduct other than that for which the defendant stands convicted in the particular case. And I do not do so in this case.
A judge may, however, consider hearsay information in assessing the defendant's character, behavior, background and propensity for rehabilitation. Such information may include reliable evidence of the defendant's prior misconduct, including unresolved indictments for similar crimes.
On the record before me, the only information about the defendant's other misconduct, which in my judgment meets the standard I've just described, and which I consider solely as it bears on the defendant's character and propensity for rehabilitation, is that contained in the three sets of indictments which were involved in this case and subsequently (UNINTELLIGIBLE) by the commonwealth, naming males one, two and four as alleged victims.
The materials attached to or referred to in the commonwealth's memorandum either do not bear sufficient indicia of reliability, are not adequately supported, or do not on their face pertain to the defendant. And I do not consider them or arguments based on them for any purpose.
I have also considered whether there are mitigating or aggravating factors in this case. A sentencing judge is encouraged by the appellate courts to consider a wide range of factors in mitigation of the defendant's guilt, including the defendant's behavior, family life and employment.
Here I note the numerous letters describing in particular Paul Shanley's work as a priest over many years administering to the homeless and addicted, bringing mobile medical care to young people living on the street, and assisting with Catholic gays and lesbians struggling with their sexual identities. I note as well the defendant's lack of any previous criminal record.
I note also the following aggravated factors.
First, that the victim, Paul Busa, was especially vulnerable because the defendant's crimes against him began when he was as young as 6 or 7.
Second, that the defendant used his position and status as a priest to facilitate commission of the offenses. It is difficult to imagine a more egregious misuse of trust or authority than that which occurred in this case, where the defendant, a Roman Catholic priest at St. Jean's Church abused his position to enable his sexual abuse on Sunday mornings with a young CCD student.
Third, that the defendant committed repeated offenses against the same victim and did so over a period of years.
I note also that as one convicted of sex offenses, the defendant will be subject to registration as a sex offender when he is released from prison. In addition, before release, he will be subject to a petition if the commonwealth elects to file one, seeking to have him declared and civilly committed as a sexually dangerous person.
I have taken into account that under the laws in effect at the time of Mr. Shanley's crimes in the 1980s, and which govern his sentence for those crimes, Mr. Shanley will be eligible for parole when he has served two-thirds of the minimum sentence he receives. I have considered the sentencing guidelines in effect at the time the defendant committed the crimes of which he was convicted. Those non- binding guidelines advise the judge of a range of sentences based on the sentencing of similar offenders who have committed similar offenses.
In this case, considering the facts summarized and the goals of sentencing, my judgment is that an appropriate sentence in this case is one that falls above the high end of the guideline range. Under the sentence imposed today, the defendant will not be eligible for parole until he is in his 80s. And if not paroled, will not be eligible for release from prison until he is close to 90.
Upon completion of his state prison sentence, the defendant will be on lengthy probation with special conditions, including the requirement that he have no contact with children. Accordingly, the court will sentence the defendant as follows.
On Indictment 006, Rape of a Child, not less than 12 and not more than 15 years in state prison. On Indictment 007, Rape of a Child, not less than 12 and not more than 15 years in state prison, to run concurrently with the sentence on Indictment 006.
On Indictment 003, Indecent Assault and Battery on a Child Under Age 14, probation for a period of 10 years to run from and after the sentences on 006 and 007. Special conditions of probation, defendant shall have no contact with any child under the age of 16 and shall attend and complete sex offender treatment in a program to be designated by the probation department.
On Indictment 014, Indecent Assault and Battery on a Child Under Age 14, probation for a period of 10 years to run concurrent with the sentence on 013. Special conditions of probation, the defendant shall have no contact with any child under the age of 16 and shall attend and complete sex offender treatment and a program to be designated by the probation department.
The clerk may now impose sentence.
UNIDENTIFIED MALE: (UNINTELLIGIBLE).
SANCHEZ: So there you have it. Paul Shanley essentially being sentenced by the judge over what judges would be able to prescribe in this case. And the judge made several points on that.
Twelve years on rape count one, 12 years on rape count two. A lot of legal experts in this area were expecting 10 and 10. Also, another 10 and then another 10 in probation in the -- in the case of indecent assault.
So, all in all, what the judge is essentially saying is no parole until he's well into his 80s. And most likely, if he does the full term, he will be well into his 90s. Former priest Paul Shanley is 74 years old right now.
Let's bring in our legal eagle on this, Kendall Coffey, who's been watching this.
Kendall, what do you make of the way the judge came down in this case?
KENDALL COFFEY, LEGAL ANALYST: I think it's going to be seen as a firm, as a pretty tough but overall fair sentence. It obviously wasn't a life sentence. But as the judge pointed out, that would even be farther above the guidelines.
And I think the judge felt that it was a first crime, although it's a horrible crime. He had to consider that. And more importantly, Rick, I think the fact that Shanley did a lot of good things had to count for something.
So it was a tough sentence. It could have been worse. I think it's going to be perceived as very just under the circumstances.
SANCHEZ: Yes, he mentioned two goods and one bad in mitigating circumstances. The goods were that he'd helped the poor, that he'd helped homeless children, that he had no prior. The bad is that he was a priest when he did this, and the child that he abused, the child that he raped, was one of his students in a church.
COFFEY: It's the ultimate crime of betrayal. And apart from murder, it's a about as horrific as any crime gets when you're talking about child rape.
These were the sentences that had to be applied because you're looking, in effect, back through history. This goes back 20 years. So the judge is not imposing sentences under the laws of today, which frankly would have been more harsh. He's got to look back to the early 80s and apply the prison sentencing system as it was in effect back then.
SANCHEZ: Let me ask you about something that the judge didn't talk about and that wasn't discussed in the courtroom as well, but that you know, and that I know, and that anyone in the media who's followed this case knows, that this was only the beginning for Paul Shanley. Paul Shanley was moved, according to reports and according to accusations, from church to church, where incidents very much like this were later reported.
Can a judge allow that to be in the back of his head even if he doesn't mention it when it comes to judgment day like this?
COFFEY: Well, judges aren't supposed to. You always wonder whether the fact that it was so well known that this guy was an egregious serial predator, it's hard to think that didn't account for anything.
Although, it's striking, Rick. He specifically went through the other allegations in the same indictment and said that they weren't sufficiently substantiated. So among other things, he was making it very clear that this was all he could do based upon the record of other sexual abuse that was presented to him by the prosecution.
SANCHEZ: Kendall Coffey, as usual, there for us when we have information like this coming across. We do thank you, Kendall, for taking the time to talk to us and take us through this.
COFFEY: Hey, thank you, Rick.
KAGAN: Another big legal case in the news, Michael Jackson in Santa Maria. Jury selection continues and the witness list -- the wish list, at least, is out. We'll talk about that straight ahead.
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KAGAN: On to Michael Jackson now. He has a star-studded roster of witnesses that he might call to testify in his child molestation trial.
Our Miguel Marquez is at the courthouse in Santa Maria, California, with more on that. Also, jury selection resuming this morning.
Good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Daryn.
Yes, it's a very long list, and it's not clear who will be testifying on that list. The judge even telling potential jurors yesterday that it's not clear who would be testifying on that list. But it is a very, very long list. By one count, over 500, about 550 total between the prosecution witness list and the defense witness list.
You know, Mr. Mesereau, Mr. Jackson's lawyer, just arrived a few minutes ago. We expect Mr. Jackson to arrive here any time now.
Mr. Mesereau was joined by their jury consultant, by Susan Yu, another member of his law firm and a member of the Jackson defense team. And Brian Oxman, who's been a longtime friend and attorney for the Jackson family.
On that witness list, some of the highlights, at least from the defense's witness list, Kobe Bryant, the basketball star with the Los Angeles Lakers; longtime Jackson friend Diana Ross; Dame Elizabeth Taylor, also a Jackson friend who he has known for many years; Steve Wonder, also counted in those that consider themselves friends of Mr. Jackson; CBS News' Ed Bradley, who interviewed Mr. Jackson; Larry King, CNN's only Larry King; and Maury Povich, a TV talk show host; David Blaine, the magician; Jay Leno of "The Tonight Show"; and also Tom Sneddon, the district attorney of Santa Barbara County, who the defense maintains has a vendetta against Mr. Jackson and saying he went too far in trying to investigate him, as well as bring this case.
Now, the prosecution has their own witness list as well. And on that is Debbie Rowe, who is the mother of Michael Jackson's children. And Ben Brafman, Mr. Jackson's former attorney is also on the prosecution's witness list. Mark Geragos is also on the prosecution's witness list, as well as the defense witness list.
The '93 accuser and his whole family are on the prosecution's witness list as well. So that gives you an idea of what they are thinking about when it comes to this case. They may want to ask him to come to testify. The judge has not yet ruled on whether or not he will allow testimony from the '93 accuser, or any past allegations against Jackson into this case.
Today the questioning will continue with those jurors seated in the jury box. There's 12 jurors in there. All 112 jurors now are in the room. But only those 12 are being questioned for 10 minutes a piece by the defense and the prosecution.
And we suspect that yesterday there was one juror dismissed for a medical reason. And we suspect today that we're going to see a lot more jurors dismissed for whatever reason of bias they can find -- Daryn.
KAGAN: Miguel, did you say Jackson's former attorneys are on the prosecution witness list? That would seem odd, calling a former attorney. You would think that attorney-client privilege would kick in.
MARQUEZ: Yes, it's not clear -- well, one, it's not clear that he will be called in the end. But he is on the prosecution's witness list. Ben Brafman from New York, Mark Geragos is also on the prosecution's witness list. So it's not clear that they'll be called, but certainly it sets up an interesting -- lots of interesting and thorny questions if and when they are -- Daryn.
KAGAN: No shortage of those in this case. Miguel Marquez in Santa Maria. Thank you.
MARQUEZ: Sure.
SANCHEZ: Here's what else is on the docket on this day in our look at "Legal Briefs."
A jury in Charleston, South Carolina, is deciding whether the antidepressant Zoloft drove a boy to kill his grandparents. That's the defense's argument.
The prosecutors say that Christopher Pittman shot his grandparents out of anger and that he knew exactly what he was doing. Deliberations resume this morning. The jury got the case yesterday and deliberated for about four hours.
The Robert Blake murder trial enters a new phase. Lawyers for the actor are expected to begin his defense next hour. Blake is on trial for the murder of his wife Bonny Lee Bakley in May of 2001. He broke down and sobbed in court yesterday. Prosecutors played recordings of him talking about his love for the daughter that he had with Bakley.
KAGAN: All right. And as we go to break, let's go ahead and check the markets. They've been open, well, coming up close to two hours. The Dow is up 53 points on this Tuesday morning. Nasdaq up as well 19 points.
We'll take a break. We're back after this.
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KAGAN: Our "Daily Dose" of health news begins with flu shots and who should get them. A new study suggesting that giving shots to the elderly has failed to lower death rates from the flu. The study's author suggests expanding flue vaccinations for school children, however. But the CDC says it has no plans to change its advice on who should get flu shots.
There are calls this morning for a new warning label on Ibuprofen. Parents who say their 3-year-old daughter died after taking the drug held a news conference. They want a warning that Ibuprofen could cause life-threatening conditions like the one that their daughter developed. They are sending a petition to the FDA signed by several medical experts.
Raise the glass. Another study confirms wine is good for the heart, even if you've had a heart attack. A Swedish institute studied 100 women with coronary disease. They found those who drank a glass of wine every day had healthier hearts.
Researchers say that key -- the key is regular limited amounts of wine. No binge drinking, and beer and spirits, nope, don't work like the wine does.
To get your "Daily Dose" of health news online, log onto our Web site. You'll find the latest medical news, a health library and information on diet and fitness. The address is cnn.com/health.
SANCHEZ: We've got an update this morning on a courageous boy and his battle with a brain tumor. Nine-year-old David Dingham nicknamed tumor Frank after the monster Frankenstein. He nicknamed the tumor, that is.
Well, his mother says Frank is now dead and David is now cancer- free. She's holding a news conference this hour to announce the results of the biopsy. It appears to be all good news.
David and most of the tumor removed during surgery earlier this month. Tiffany Dingham Grover launched an online auction to help pay for her son's medical bills.
KAGAN: Hundreds are killed in China after an explosion in a mine. How many more are still trapped? We'll have the very latest.
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SANCHEZ: What stories are getting your attention on our Web site? Well, with CNN.com's most popular stories today, here is Christina Park. She's going to tell us some of the things that maybe should be on people's minds, right?
CHRISTINA PARKS, CNN ANCHOR: Oh, yes, absolutely. You'd be surprised to what you can find on CNN.com's most popular sites.
SANCHEZ: Can't wait to find out.
PARKS: Yes. These are the stories that viewers are clicking on the most. And right now our online users have been riveted by one of the stories we're going to see on this show.
The daughter of conservative Republican Alan Keyes talking about her sexuality. At CNN.com, you can read more about why Maya Marcel- Keyes says she's driven to speak out, including about how she feels about her rocky relationship with her dad, Alan Keyes. IF you remember, Keyes caused a stir when he called homosexuality "selfish" and called Vice President Dick Cheney's lesbian daughter a "sinner."
All right. Also, it's a mixed bag today. We're switching gears on CNN.com's most popular stories.
Is comedian Chris Rock biting the hand that feeds him? Well, the producer of the Oscar says he's not too worry by the first-time host's belittling comments. Most of the jabs included calling the Academy Awards show idiotic and akin to a fashion show.
Rock will be hosting the Oscars on February 27th. He's also been quoted saying, "What straight black man sits there and watches the Oscars? Show me one." "The Drudge Report" sights unnamed sources saying some academy members are calling for Rock's resignation as host.
Finally, to another most popular story literally heating up online at CNN.com, and perhaps another reason to enjoy your seafood guilt-free. A new study out of Norway says it's unlikely that lobsters feel pain.
Now, this stirs up the debate over whether the crustaceans suffer when being boiled alive. Animal activists, though, claim that lobsters are in agony when they're being cooked and say dropping one in a pot of boiling water is tantamount to torture. The 39-page study says lobsters' little brains and primitive nervous systems don't have the ability to process pain.
And, Rick, that's just some of what's causing waves at CNN.com.
Do you think lobsters feel pain?
SANCHEZ: I've got to tell you, that's an argument I have absolutely no background to be able to delve into.
PARKS: Yes?
SANCHEZ: I don't know the ability of a lobster's brain to feel pain. I'm going to go home tonight and I'm going to work on it for you, though.
PARKS: Well, to give you a taste, one marine biologist at the University of Aberdeen says lobsters and crabs have 100,000 neurons. Those are nerve cells, whereas vertebrates like you and me have upwards of 100 billion. So, you know, ow!
SANCHEZ: Oh. OK, gotcha.
PARKS: Yes.
SANCHEZ: 100,000. I thought it was 999...
PARKS: You're close. You're close. SANCHEZ: Appreciate it.
PARKS: Thanks.
SANCHEZ: Daryn.
KAGAN: Yes, I wonder how many lobsters they interviewed for that study.
SANCHEZ: Yes.
KAGAN: All right. You know the story, but the pictures say so much more. It's the site of the Beirut bombing. We're going to take you there, step by step.
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