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CNN Live Saturday

Jury Hands Down Guilty Verdict in 'Rink Rage' Trial

Aired January 12, 2002 - 16:17   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.
CATHERINE CALLAWAY, CNN ANCHOR: A guilty verdict yesterday in the trial of the hockey dad that was accused of beating to death another hockey dad. CNN's Bill Delaney has this on the outcome and aftermath.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: What say you, is the defendant guilty or not guilty?

BILL DELANEY, CNN CORRESPONDENT (voice-over): At the ultimate moment, the verdict in the manslaughter trial of Thomas Junta.

UNIDENTIFIED MALE: Is the defendant guilty or not guilty?

UNIDENTIFIED MALE: On any theory, is he guilty or not guilty?

DELANEY: As Junta listened, his head lowered, excruciating moments.

UNIDENTIFIED MALE: Is he guilty or not guilty?

DELANEY: The foreperson confused, finally saying "guilty."

UNIDENTIFIED MALE: As to involuntary manslaughter?

DELANEY: Yes, meaning the jury believed Thomas Junta meant to commit assault and battery on Michael Costin, but not to kill him, following a dispute over a children's pickup game of hockey. The man described by his attorney as a "gentle giant" then led off to jail, awaiting sentencing in two weeks, leaving behind distraught family of a man, a truck driver, one of 13 children and the father of two.

The Costin family pained, too, remembering a father of four after days crammed into a courtroom with the Junta family. Michael Costin's sister spoke, her mother at her side.

MARY BARBOUZI, MICHAEL COSTIN'S SISTER: Our family will never be complete again. Our family and Michael have paid the ultimate price. It is our sincere wishes that this tragedy serves as a reminder to all and that no other family has to experience the senseless pain that we have.

DELANEY: The defense, though, speaking on behalf of the Junta family, saying justice was not done.

THOMAS ORLANDI, DEFENSE ATTORNEY: The family is obviously upset at the decision of the jury and they will join together as they have over the past 18 months to explore all options to free Thomas Junta.

DELANEY: The prosecution said the verdict was appropriate, but no one won.

MARTHA COAKLEY, MIDDLESEX COUNTY DISTRICT ATTORNEY: Unfortunately tonight there are two sets of children who do not have parents at home. There is no joy, therefore, in this resolution.

DELANEY: Sentencing is set for January 25. Twenty years is possible. State guidelines for involuntary manslaughter recommend three to five.

(on camera): Whether merely a fight that got out of control, as the defense argued, or an act of brutal rage, as the prosecution alleged, what made this case resonate with so many, what started it all -- passions out of control over a game children played.

Bill Delaney, CNN, Cambridge, Massachusetts.

(END VIDEOTAPE)

CALLAWAY: And joining us now is David Weber. He's from the "Boston Herald" newspaper. We're going to look now at community reaction to the trial and yesterday's verdict. Thanks for being with us today.

DAVID WEBER, "BOSTON HERALD": You're welcome.

CALLAWAY: You've been able to talk with some of the jury members, haven't you? Did they say what went on during those 14 hours of deliberation? There had to be a lot of discussion about the difference between voluntary and involuntary manslaughter.

WEBER: Right. Well, we talked to one juror who said that they had a lot of discussion about the whole concept of reasonable doubt, which was they had to find him guilty beyond a reasonable doubt, and they wrestled with that for a long time. The same juror also told us that they wrestled with voluntary manslaughter versus involuntary manslaughter.

So this particular juror seemed to be saying that they were not so much going back and forth between not guilty and involuntary manslaughter, but between involuntary manslaughter and voluntary manslaughter. That is after they have decided that he was proven guilty beyond a reasonable doubt.

CALLAWAY: And just getting to that level may have been a difficult one for this jury, because there were so many different accounts of exactly what happened during the fight between Thomas Junta and Michael Costin.

WEBER: Right. Another juror brought up that point. He said that -- he said pretty much exactly that. You know, there were so many different accounts, it made it very difficult for them to come to a real strong quick conclusion, which they didn't come to a quick conclusion. They spent 14 hours.

CALLAWAY: That's a long 14 hours, too. David, explain a little bit why it was -- it's such a big difference between involuntary and voluntary. I know it's like zero to 20 years that you can be sentenced to, but for the involuntary three to five. Explain what the judge can do here, what could happen?

WEBER: Well, statutorily, the law allows for a wide range, a very wide range, you know, from zero to 20, and that's written by the legislature. But there are sentencing guidelines that are in place in the judiciary. They are not mandatory. The judge can, you know, ignore them, but they are there and judges tend to sort of follow them as guidelines. It gives them something to hang their hat on, so to speak.

And for involuntary manslaughter, the guidelines call for three to five for a person who does not have a criminal record. And Thomas Junta's lawyer has said that his client does not have a criminal record. So those would be the guidelines. There can be all sorts of other requirements imposed. You know, the judge may decide that he wants to give him less time in jail, and maybe give him a more extensive probation afterward, which could require, you know, community service, speaking to youngsters about -- you know, trying avoid the kind of pitfalls that fell into here.

CALLAWAY: Controlling your temper. And the community certainly been watching this case. Didn't we see him being made an example of how indeed people need to control their tempers during these types of sporting events? What has been the reaction of the community there?

WEBER: Well, a lot of people think that it's just, you know, an awful case where, you know, two fathers who were there watching their sons play hockey get into this kind of action.

But I should also say that there is a great deal of sympathy for Mr. Junta. It's not a situation where everybody thinks this guy was guilty. Some people believe that, you know, he was defending himself or fighting back, standing up for his son, and that he got carried away, but they believe that that, you know, sort of, you know, that was just a very bad mistake, but it was a mistake.

So there are people who sympathize with him.

CALLAWAY: Well, maybe we can all learn something from this case on controlling ourselves at these sporting events, and we all indeed want to protect and encourage our kids in sporting events, don't we?

WEBER: Of course.

CALLAWAY: All right, David Weber, thank you for joining us today and for your insights.

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