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CNN Live Saturday

Interview With Kendall Coffey

Aired August 24, 2002 - 12:35   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

FREDRICKA WHITFIELD, CNN ANCHOR: For the David Westerfield trial to the Michael Skakel case we're keeping our eye on a number of high- profile criminal cases that are working their way through the courts. Former U.S. Attorney Kendall Coffey joins us from Miami to offer his insights on a number of proceedings.
Good to see you.

KENDALL COFFEY, FRMR. U.S. ATTORNEY: Good afternoon, Fredricka.

WHITFIELD: Well, this week a few sentencing cases, in particular, let's begin with that, to keep an eye on. David Westerfield case, San Diego convicted him of murdering Danielle van Dam. Now, in this case the jurors must decide whether it's the death penalty or life in prison without parole. If they don't have a unanimous decision can't the judge execute -- or carry out his next line of defense, which would be bringing in another jury?

COFFEY: That could happen here. And we saw that the jury seemed to need some time, 40 hours, 10 days, of deliberation to reach the question of guilt or innocence. That suggests a possibility that there could also be some division or some difficulty within the jury in deciding life or death for David Westerfield.

On the other hand, a sentencing phase can be very different because it is even more emotional than the guilt or innocence phase of a child murder case. You'll be hearing a lot from the parents talking about Danielle, what she meant to them, what the impact on their lives has been of her terrible murder. There's going to be an overwhelming amount of emotion in that courtroom. It's very possible the jury will be able to reach a verdict on the sentencing issues.

WHITFIELD: It has to be a unanimous decision, correct?

COFFEY: It has to be unanimous. If it's not, as you've pointed out, the judge could excuse the jury and empanel a new jury to determine the sentence.

WHITFIELD: OK, Michael Skakel case, a Kennedy cousin; he's already been convicted of the death of Martha Moxley back when they were - or he was only 15 years old. So now what is at stake for him is time in prison, up to 25 years. Isn't it likely that, perhaps, if he does get that, he wouldn't have to serve but maybe half of it?

COFFEY: That's right. Just as the 1975 time frame of this case presented unique issues, challenges, for the prosecution and the defense, and some questions, which may ultimately have to be resolved on appeal, it's also a fact that the time frame changed the sentencing calculus.

So as you recall, we used to have time off for good behavior, gain (ph) time, different things that substantially reduced the sentence that a defendant would receive. Most sentencing systems, most state and federal, have eliminated that. People serve, today, the vast majority of the years sentenced. Skakel will be sentenced under the old system. That means, even if he's sentenced at the high end, he could be released as early as 2015.

WHITFIELD: OK. Now, let's shift gears a little bit. Still a sentencing case, but now we're talking about polygamy and bigamy. And a lot of folks don't even realize that that is still pretty prevalent. In Utah, a case of Tom Green, who admits to having five wives and 31 children. He already carrying out a sentence for a previous violation. Now he's facing sentencing for having sexual relations with a 13-year-old. Is this the kind of case that sends perhaps a very strong message of bigamy and what is, or is not tolerated, even in the state of Utah?

COFFEY: That's exactly how the prosecutor sees this. Tom Green maybe the most notorious polygamist in that part of the country, but he's not the only one. It's believed there are tens of thousands of polygamists. And for that reason this case will be used as a symbol, not only of his misconduct but of punishment and deterrence. Apparently the pre-sentence investigating report has already recommended 10 years to life.

So I think you're going to see a very, very stern sentence requested by the prosecutor and very likely a good number of years lying ahead in prison for Tom Green.

WHITFIELD: Another case to watch, perhaps not this week but in the next coming weeks, emotions are still running very high as it pertains to this Georgia case, a mother, 63 years old, Carol Carr. She admits that she killed her two sons who were dealing with the degenerative disease and now the grand jury says she needs to face murder with malice. Why not first-degree murder? What's the difference between the two?

COFFEY: She's being charged with what amounts to first-degree murder. They're not seeking the death penalty, obviously, because this is such a sympathetic case. This is a woman who loved her sons but saw them disintegrating before her with a fatal disease and acted, in her mind, out of compassion. But the grand jury and the prosecutor really had no choice. We can't allow, in society, people to undertake mercy killings, to take life and death into their own hands.

The prosecutor had no choice, had to bring the charge and decision that he did. Now it's up to the jury what will happen to Carol Carr.

WHITFIELD: And her attorney doesn't seem to believe that prosecutors will push for the death penalty. Do you think it's a likelihood, that they would not push for the death penalty? COFFEY: No, they're not. I agree with that. They're not going to push for the death penalty. What everyone is going to reach, in a case that calls out for some consequence. Again, you can't have people go into a nursing home and shoot people, even if it seems like the most justified, possible reason. There's still got to be something less than a first-degree murder trial and conviction. So, everyone is going to reach out for some kind of solution here, short of trial, short of a long-term prison sentence.

WHITFIELD: All right. Kendall Coffey, thank you very much for joining us. Appreciate it. Always good to see you.

COFFEY: Thanks, Fredricka.

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