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CNN Live Saturday

Interview With Joe Episcopo

Aired June 28, 2003 - 18:14   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.


MARTIN SAVIDGE, CNN ANCHOR: One of the most bizarre hit and run cases in recent memory has rehashed in front of a Texas jury this week.
On her way out of a Ft. Worth bar nearly two years ago, Chante Mallard ran over a homeless man named Gregory Biggs and proceeded to drive home with his body impaled in her windshield.

Instead of rendering aid, Mallard sat in her car and wept while Biggs bled to death. This week a jury sentenced Mallard to 50 years in prison after agreeing with the prosecution that Biggs' death was not an accident, but murder.

(BEGIN VIDEO CLIP)

RICHARD ALPERT, PROSECUTOR: We knew that our theory of the case was going to be somewhat of a challenge; we put a lot of time and work into this. We had a lot of support from our office and our District Attorney. And the jury saw the evidence the way we wanted them to. And they returned a just verdict.

(END VIDEO CLIP)

SAVIDGE: For more on this strange case, let's turn to criminal defense attorney and former prosecutor Joe Episcopo in Tampa, Florida.

Joe, thank you very much for being with us on a Saturday evening.

JOE EPISCOPO, CRIMINAL DEFENSE ATTY, FORMER PROSECUTOR: Good to be here Marty.

SAVIDGE: Were you surprised by this verdict?

EPISCOPO: Yes I was; I think it's a very steep sentence, especially coming from this jury. She had no prior criminal record. She probably would not commit this -- a crime again. And she did show some remorse, although it was late.

I expected about a 25-year sentence. Certainly not 50 years.

SAVIDGE: Is this a verdict against her character as much as it is against her crime?

EPISCOPO: Well they did not believe her remorse; they must have thought she was insincere and that her tears were crocodile tears and they just aren't convinced that she is sorry. SAVIDGE: Well, what about appeal? Is there a chance for appeal, and if so how?

EPISCOPO: Well Marty there is no legal error here. She admitted to the crime in the trial, and the sentence could have been anything from probation for life. So, I don't see how she can appeal this. Although she may want to go back to the trial judge and see if he'll lessen the sentence in some form of motion to mitigate.

SAVIDGE: We asked what was it that won it for the prosecution but really the -- the situation was so horrendous it's hard to believe the prosecution had to do much.

EPISCOPO: I can't believe the prosecutor said it was a challenging case. This was an easy case. A law student could try this case. They got on there from the beginning. We call this a long guilty plea.

Apparently there was no plea bargain offered so what you do is you go in there and from the minute you start to the minute you end you try to show remorse. That's what they tried to do; it was a long guilty plea, but it didn't work.

SAVIDGE: Well this may be an unfair question, but what would you have done different if you were the defense?

EPISCOPO: I don't think I would have done anything different unless I -- except to try to practice more with her and try to get her to be a little bit more sincere. I don't think there's much you could have done. Now maybe in the sentencing phase you might have called more family support and put more people on the stand on her behalf.

SAVIDGE: Some people had said only in the state of Texas would you have had this and I don't mean to demean in any way the Texas people or their justice system but do you think it could have been a different outcome in another state?

EPISCOPO: Well, I think probably they had a right to do what's called a bench trial, but I think they felt they had a better chance with a jury and no I don't -- I don't -- you know different juries are going to do different things. Here in Florida you don't have a right to a bench trial; the state has to agree, so this case probably would have gone to a jury trial also.

Whether the result would have been different depends on who you picked that day to sit on that jury.

SAVIDGE: Is there anything to be studied from this trial if you're a -- you know, teaching the law?

EPISCOPO: No, it -- all you had here was a DUI -- driving under the influence with serious bodily injury. That turned into a homicide, because of neglect. There's really not that -- not more to it than that.

In fact, she thought she'd get away with it because the man was homeless and apparently said something, made a statement two years later that caught up with her, and I don't think she's got a lot of friends, she seems like a callous person to me.

SAVIDGE: Well, it was certainly a verdict that I don't think surprised a lot of people, but has garnered a lot of attention from many people. Thank you Joe Episcopo for -- very much -- for joining us and talking about this case.

EPISCOPO: Glad to be here.

SAVIDGE: A bizarre one; 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 June 28, 2003 - 18:14   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MARTIN SAVIDGE, CNN ANCHOR: One of the most bizarre hit and run cases in recent memory has rehashed in front of a Texas jury this week.
On her way out of a Ft. Worth bar nearly two years ago, Chante Mallard ran over a homeless man named Gregory Biggs and proceeded to drive home with his body impaled in her windshield.

Instead of rendering aid, Mallard sat in her car and wept while Biggs bled to death. This week a jury sentenced Mallard to 50 years in prison after agreeing with the prosecution that Biggs' death was not an accident, but murder.

(BEGIN VIDEO CLIP)

RICHARD ALPERT, PROSECUTOR: We knew that our theory of the case was going to be somewhat of a challenge; we put a lot of time and work into this. We had a lot of support from our office and our District Attorney. And the jury saw the evidence the way we wanted them to. And they returned a just verdict.

(END VIDEO CLIP)

SAVIDGE: For more on this strange case, let's turn to criminal defense attorney and former prosecutor Joe Episcopo in Tampa, Florida.

Joe, thank you very much for being with us on a Saturday evening.

JOE EPISCOPO, CRIMINAL DEFENSE ATTY, FORMER PROSECUTOR: Good to be here Marty.

SAVIDGE: Were you surprised by this verdict?

EPISCOPO: Yes I was; I think it's a very steep sentence, especially coming from this jury. She had no prior criminal record. She probably would not commit this -- a crime again. And she did show some remorse, although it was late.

I expected about a 25-year sentence. Certainly not 50 years.

SAVIDGE: Is this a verdict against her character as much as it is against her crime?

EPISCOPO: Well they did not believe her remorse; they must have thought she was insincere and that her tears were crocodile tears and they just aren't convinced that she is sorry. SAVIDGE: Well, what about appeal? Is there a chance for appeal, and if so how?

EPISCOPO: Well Marty there is no legal error here. She admitted to the crime in the trial, and the sentence could have been anything from probation for life. So, I don't see how she can appeal this. Although she may want to go back to the trial judge and see if he'll lessen the sentence in some form of motion to mitigate.

SAVIDGE: We asked what was it that won it for the prosecution but really the -- the situation was so horrendous it's hard to believe the prosecution had to do much.

EPISCOPO: I can't believe the prosecutor said it was a challenging case. This was an easy case. A law student could try this case. They got on there from the beginning. We call this a long guilty plea.

Apparently there was no plea bargain offered so what you do is you go in there and from the minute you start to the minute you end you try to show remorse. That's what they tried to do; it was a long guilty plea, but it didn't work.

SAVIDGE: Well this may be an unfair question, but what would you have done different if you were the defense?

EPISCOPO: I don't think I would have done anything different unless I -- except to try to practice more with her and try to get her to be a little bit more sincere. I don't think there's much you could have done. Now maybe in the sentencing phase you might have called more family support and put more people on the stand on her behalf.

SAVIDGE: Some people had said only in the state of Texas would you have had this and I don't mean to demean in any way the Texas people or their justice system but do you think it could have been a different outcome in another state?

EPISCOPO: Well, I think probably they had a right to do what's called a bench trial, but I think they felt they had a better chance with a jury and no I don't -- I don't -- you know different juries are going to do different things. Here in Florida you don't have a right to a bench trial; the state has to agree, so this case probably would have gone to a jury trial also.

Whether the result would have been different depends on who you picked that day to sit on that jury.

SAVIDGE: Is there anything to be studied from this trial if you're a -- you know, teaching the law?

EPISCOPO: No, it -- all you had here was a DUI -- driving under the influence with serious bodily injury. That turned into a homicide, because of neglect. There's really not that -- not more to it than that.

In fact, she thought she'd get away with it because the man was homeless and apparently said something, made a statement two years later that caught up with her, and I don't think she's got a lot of friends, she seems like a callous person to me.

SAVIDGE: Well, it was certainly a verdict that I don't think surprised a lot of people, but has garnered a lot of attention from many people. Thank you Joe Episcopo for -- very much -- for joining us and talking about this case.

EPISCOPO: Glad to be here.

SAVIDGE: A bizarre one; 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