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CNN Live At Daybreak

Radio Talk Show Host Discusses Return of Fugitive Einhorn to United States

Aired July 20, 2001 - 08:20   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.
CAROL LIN, CNN ANCHOR: American fugitive Ira Einhorn is back in this country. He arrived early this morning in Philadelphia, from Paris. He has been on the run since 1981, and France finally agreed to extradite Einhorn once a deal about the death penalty was struck with prosecutors.

He is accused of beating the death a young woman many years ago, and this is a case that has really captured the public's imagination ever since -- remarkably so, in fact.

Michael Smerconish is one person who has kept that drum beat alive, to bring Einhorn back. He is a Philadelphia trial lawyer, but also the host of an afternoon drive radio talk show for WPHT.

A lot of focus on victim's rights, Michael -- you join us this morning. Good morning.

MICHAEL SMERCONISH, WPHT TALK SHOW HOST: Good morning. Thank you for having me.

LIN: Explain to us the phenomenon of this case. I can't imagine how many American fugitives there are out there accused of serious crimes. Why has this case continued to stay alive for Philadelphians?

SMERCONISH: I think, in large part, because here in Philadelphia we know that Ira Einhorn is a fraud and a phony and a murderer. The facts of the case are so compelling, and there's been great frustration in the city of Philadelphia aimed at those who have coddled this criminal -- I must say, particularly in the last four years, the French. The man was convicted in absentia, yet a whole charade has been permitted to ensue, which really never should have taken place. There's a problem here, and it's much larger than Ira Einhorn.

LIN: So Michael, we all agree here, then, that this is a very serious case that needs some scrutiny. Is that right?

SMERCONISH: No doubt about it, and the Maddux family, one can't help but to grieve for these three sisters and their brother. Unfortunately, their parents didn't live to see the return of Ira Einhorn to the United States, and that's a real tragedy.

LIN: Then let me ask you this. Let's bring up a few pages from your Web site.

SMERCONISH: Sure.

LIN: And you've got to explain to me, then, in this context, what is a killer tomato contest?

SMERCONISH: A killer tomato contest is something that I dreamt up on the air a year or so ago. We decided we would all bring from our gardens in August our prized beefsteak tomato and we would judge to see who had the best tomato. But the twist at the end was that we wheeled in a billboard 60 feet long, 40 feet high -- there it is -- of Ira Einhorn's mug shot, and we allowed all of the tomato growing contestants to pelt the billboard with tomatoes.

And I need to tell you that Mary Maddux, one of Holly's sisters, threw the first tomato and thanked me for keeping the case at the forefront of Philadelphians' attention. We wanted to have some fun, but we wanted to make a serious point, which was it's been 24 years; let's not forget what this man did.

LIN: You're right, it's not fun to debate the fate of a woman who was beaten to death. You might call this a killer tomato contest, but some might call it a PR stunt, something to raise your ratings. It has nothing to do with sympathy for the Maddux family or victims' rights.

SMERCONISH: I would disagree with that, and I would ask you to ask the Maddux family their feelings, because they praised me and wrote me notes and said, Thank you, you're the lone voice keeping this case alive.

You know, 24 years is a long time, and many did forget the victim in this case, and that's Holly Maddux. I never forgot Holly Maddux, and I'm proud of the role that we played in keeping this case in front of the attention of the country.

LIN: Michael, you're a trial lawyer. Given the publicity in this case and killer tomato contest and all, what are the chances, if Ira Einhorn applies for a new trial, that he's going to get a fair trial?

SMERCONISH: I think that Ira Einhorn absolutely A, gets that trial, and B, gets a fair trial. It may require a change in venue; perhaps it ought to be a pool of individuals from outside the city of Philadelphia. But the man will get a trial. It will be a fair trial.

And I have to say that Einhorn has so manipulated the world stage. First of all, there was a misconception that he put out there that if he were returned to the United States, he might face death. That was never a possibility. There was no death penalty on the books in the commonwealth of Pennsylvania in 1977. So the death penalty has never been an option.

Then the French demanded, at Einhorn's prodding , that he be given the new trial. This was amazing, that the state legislature passed a new law, just to guarantee that Einhorn would get that second trial.

So he'll get the trial. I believe that it will be a fair trial, but he's not going to like the outcome.

LIN: And since he was such a character in his day in Philadelphia, it'll be interesting to see if he has any following left in the city of Philadelphia.

SMERCONISH: I doubt it.

LIN: Thank you very much, Michael Smerconish...

SMERCONISH: Thank you.

LIN: ... for joining us this morning.

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