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CNN Live Saturday

Interview With Kendall Coffey

Aired May 31, 2003 - 17:48   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.


SOPHIA CHOI, CNN ANCHOR: Rudolph is expected to face federal charges in the bombings. Right now, the Justice Department will have to decide if the trial will go to Alabama or to Georgia first. Martin Savidge is at the Centennial Olympic Park in Atlanta, one of the sites Rudolph is accused of bombing -- Martin.
MARTIN SAVIDGE, CNN CORRESPONDENT: Well, Sophia, once the euphoria wears off over the arrest of Eric Rudolph, then comes the very difficult issue of prosecution. Just as you point out, who is going to get first crack at him? What is the evidentiary case that's still against him after all the time that's passed? And also, could he get a fair trial, given all the amount of publicity he's received with the search for him and now his arrest?

Kendall Coffee is a former U.S. attorney. He joins us now from Miami and we'll try to tackle some of these questions together. Kendall, first question is, who do you think is likely to get the case? Would it go in order of time frame, such as Atlanta, where the Olympic Park bombing happened, or does it go to the community that has the best case against Eric Rudolph?

KENDALL COFFEY, FORMER U.S. ATTORNEY: Well, there are three different events of bombings in Atlanta. Obviously, a greater center of gravity in terms of victims and criminality. So I think if the quality and strength of the evidence of the case in Atlanta is comparable to what they have in Birmingham, it's going to go in Atlanta. If, on the other hand, there's a very big difference, as ultimately, the Department of Justice evaluates it, then Birmingham's going to get the nod. Close case, it goes to Atlanta.

SAVIDGE: Now, a lot of time has passed in certainly the Olympic Park bombing and some of the other cases. You would think this was a case that was just waiting for a suspect to be arrested, that in other words the U.S. attorneys got everything together. But has time also impacted on their ability to prosecute?

COFFEY: I'm not sure it's going to be a big factor here, because at least we believe that when they indicted, in November of 2000, they had to have had the case ready in both jurisdictions, Birmingham and Atlanta. And that's essentially the message, that the grand jury's completed its investigation, that you are ready to go. In cases where you're relying on a lot of witnesses, especially witnesses that may not be strong witnesses, time is a huge factor. And time is never the friend of a prosecutor, in any event, but I think it's going to be less of a problem here. And ultimately, Marty, what we may see is essentially a forensic case, which is largely put together. Obviously, they're going to do some more investigating. They're looking at camp sites right now to try to find some extra details, extra evidence, but this should be mostly a forensic case that is largely put together already.

SAVIDGE: And lastly, do you think that he can get a fair trial, given all the publicity? He's been seen everywhere?

COFFEY: You know, it's always a problem in high profile cases. And sure, it's a concern. But that's what jury selection is about. And they're going to spend days going through jury by jury. Whether it's in Atlanta, whether it's in Birmingham. And I think at the end of the day he's going to get a fair trial, although it's going to add some extra challenges.

SAVIDGE: Kendall Coffey, as always, we thank you for your insights, former U.S. attorney, joining us from Miami. Let's go back to Sophia now.

CHOI: All right, Marty, thanks.

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 May 31, 2003 - 17:48   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOPHIA CHOI, CNN ANCHOR: Rudolph is expected to face federal charges in the bombings. Right now, the Justice Department will have to decide if the trial will go to Alabama or to Georgia first. Martin Savidge is at the Centennial Olympic Park in Atlanta, one of the sites Rudolph is accused of bombing -- Martin.
MARTIN SAVIDGE, CNN CORRESPONDENT: Well, Sophia, once the euphoria wears off over the arrest of Eric Rudolph, then comes the very difficult issue of prosecution. Just as you point out, who is going to get first crack at him? What is the evidentiary case that's still against him after all the time that's passed? And also, could he get a fair trial, given all the amount of publicity he's received with the search for him and now his arrest?

Kendall Coffee is a former U.S. attorney. He joins us now from Miami and we'll try to tackle some of these questions together. Kendall, first question is, who do you think is likely to get the case? Would it go in order of time frame, such as Atlanta, where the Olympic Park bombing happened, or does it go to the community that has the best case against Eric Rudolph?

KENDALL COFFEY, FORMER U.S. ATTORNEY: Well, there are three different events of bombings in Atlanta. Obviously, a greater center of gravity in terms of victims and criminality. So I think if the quality and strength of the evidence of the case in Atlanta is comparable to what they have in Birmingham, it's going to go in Atlanta. If, on the other hand, there's a very big difference, as ultimately, the Department of Justice evaluates it, then Birmingham's going to get the nod. Close case, it goes to Atlanta.

SAVIDGE: Now, a lot of time has passed in certainly the Olympic Park bombing and some of the other cases. You would think this was a case that was just waiting for a suspect to be arrested, that in other words the U.S. attorneys got everything together. But has time also impacted on their ability to prosecute?

COFFEY: I'm not sure it's going to be a big factor here, because at least we believe that when they indicted, in November of 2000, they had to have had the case ready in both jurisdictions, Birmingham and Atlanta. And that's essentially the message, that the grand jury's completed its investigation, that you are ready to go. In cases where you're relying on a lot of witnesses, especially witnesses that may not be strong witnesses, time is a huge factor. And time is never the friend of a prosecutor, in any event, but I think it's going to be less of a problem here. And ultimately, Marty, what we may see is essentially a forensic case, which is largely put together. Obviously, they're going to do some more investigating. They're looking at camp sites right now to try to find some extra details, extra evidence, but this should be mostly a forensic case that is largely put together already.

SAVIDGE: And lastly, do you think that he can get a fair trial, given all the publicity? He's been seen everywhere?

COFFEY: You know, it's always a problem in high profile cases. And sure, it's a concern. But that's what jury selection is about. And they're going to spend days going through jury by jury. Whether it's in Atlanta, whether it's in Birmingham. And I think at the end of the day he's going to get a fair trial, although it's going to add some extra challenges.

SAVIDGE: Kendall Coffey, as always, we thank you for your insights, former U.S. attorney, joining us from Miami. Let's go back to Sophia now.

CHOI: All right, Marty, thanks.

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