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CNN Live At Daybreak

Coffey Talk: Jackson Tapes

Aired November 26, 2003 - 06:05   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 COSTELLO, CNN ANCHOR: Have you heard the latest about Michael Jackson? It involves secret video tapes and a reported attempt to profit from them. The FBI is now involved. The tapes in question were secretly made with hidden cameras placed aboard a private jet, the very same private jet that carried Jackson and his attorney back to Santa Barbara from Vegas for his arrest.
A civil suit has already been filed against the company that operated the jet and made those tapes, and Jackson's attorney vows to take the fight to anyone, anywhere.

(BEGIN VIDEO CLIP)

MARK GERAGOS, MICHAEL JACKSON'S ATTORNEY: This is not the lottery. This is this man's life. This is his family's life. These are scurrilous accusations. We are going to -- and I've been given full authority -- we will land on you like a ton of bricks. We will land on you like a hammer if you do anything to besmirch this man's reputation, anything to intrude on his privacy in any way that's actionable. We will unleash a legal torrent like you've never seen.

(END VIDEO CLIP)

COSTELLO: The other development: Tom Sneddon says I'm sorry. The Santa Barbara district attorney is defending his case, but not his demeanor. He talked with CNN's Art Harris.

(BEGIN VIDEO CLIP)

TOM SNEDDON, SANTA BARBARA DISTRICT ATTORNEY: It just doesn't make any sense that the sheriff and I would do something that is doomed in the long run to fail. We have a responsibility. We didn't go looking for this case. It came to us. It came to them first. They brought it to me after they had done some investigation. I didn't even know in the beginning that they were involved in the investigation.

They brought it in. They brought it to me. I reviewed it. I reviewed it with my staff. So, I wasn't the only person who made the decision about what we -- you know, where we should go and how we should do it.

(END VIDEO CLIP)

COSTELLO: And he did apologize for laughing at that infamous press conference he held in Santa Barbara.

It is time for some "Coffey Talk." Our legal analyst, Kendall Coffey, is on the phone from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Let's start with the hidden cameras on the jet. Is this legal?

COFFEY: Well, it's probably illegal as heck. It's just a matter of which particular statute or principle would violate it. One of the key things that's not clear is whether there was audio on the tape, Carol, because, for example, the federal statutes, according to the courts, zero in not on silent video, but on communication where you can hear a conversation. But under any scenario, I think there's going to be a good argument that it violates certainly the California constitutional protection of a right of privacy.

COSTELLO: Does it make any difference that the plane was in the air when the cameras started rolling? I mean, do things like that play into it as well?

COFFEY: Well, you can sure have a complex examination of what state laws were applying at what point. But if, in fact, they landed in California, they tried to peddle the video, violating a right of privacy, at a minimum there is going to be a civil cause of action.

COSTELLO: And, of course, Geragos said that a civil suit has already been filed. The FBI is now investigating. Could this be a criminal case as well?

COFFEY: Well, I think for a criminal case, the key thing is going to be whether there was an audio capacity on the tape. Again, the federal statute, for example, which the FBI would be looking at, according to most of the cases it doesn't seem to deal with purely silent video. So, whether or not there was any audio quality or not is going to be key thing in terms of a possible criminal violation.

COSTELLO: But, you know, Kendall, information about what's on the tape is already out there. I was actually watching "Entertainment Tonight" of all things, and one of their producers saw the tapes. How damaging is that?

COFFEY: Well, of course, it's damaging, because there is some description of the demeanor, and the whole notion into the attorney- client communication in such an obviously private setting can be, you know, invaded with a secret surveillance is very troubling. But, again, whether it crosses into the criminal zone, not clear at all. Certainly a strong civil case.

COSTELLO: And quickly, I did want to ask you about the D.A. in this case. He apologized for his demeanor at this press conference, and he says he has no bone to pick with Michael Jackson. These charges had to come forward, because the kid came to him -- or the family of the kid.

COFFEY: Well, no prosecutor is going to bring a case he doesn't believe in, but up to now, Carol, we really don't anything about the evidence they have. Whether this is just going to be an adult said/child said, or whether they've got other evidence from other witnesses.

COSTELLO: Kendall Coffey live on the phone from Miami for DAYBREAK this morning.

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 November 26, 2003 - 06:05   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Have you heard the latest about Michael Jackson? It involves secret video tapes and a reported attempt to profit from them. The FBI is now involved. The tapes in question were secretly made with hidden cameras placed aboard a private jet, the very same private jet that carried Jackson and his attorney back to Santa Barbara from Vegas for his arrest.
A civil suit has already been filed against the company that operated the jet and made those tapes, and Jackson's attorney vows to take the fight to anyone, anywhere.

(BEGIN VIDEO CLIP)

MARK GERAGOS, MICHAEL JACKSON'S ATTORNEY: This is not the lottery. This is this man's life. This is his family's life. These are scurrilous accusations. We are going to -- and I've been given full authority -- we will land on you like a ton of bricks. We will land on you like a hammer if you do anything to besmirch this man's reputation, anything to intrude on his privacy in any way that's actionable. We will unleash a legal torrent like you've never seen.

(END VIDEO CLIP)

COSTELLO: The other development: Tom Sneddon says I'm sorry. The Santa Barbara district attorney is defending his case, but not his demeanor. He talked with CNN's Art Harris.

(BEGIN VIDEO CLIP)

TOM SNEDDON, SANTA BARBARA DISTRICT ATTORNEY: It just doesn't make any sense that the sheriff and I would do something that is doomed in the long run to fail. We have a responsibility. We didn't go looking for this case. It came to us. It came to them first. They brought it to me after they had done some investigation. I didn't even know in the beginning that they were involved in the investigation.

They brought it in. They brought it to me. I reviewed it. I reviewed it with my staff. So, I wasn't the only person who made the decision about what we -- you know, where we should go and how we should do it.

(END VIDEO CLIP)

COSTELLO: And he did apologize for laughing at that infamous press conference he held in Santa Barbara.

It is time for some "Coffey Talk." Our legal analyst, Kendall Coffey, is on the phone from Miami.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: Let's start with the hidden cameras on the jet. Is this legal?

COFFEY: Well, it's probably illegal as heck. It's just a matter of which particular statute or principle would violate it. One of the key things that's not clear is whether there was audio on the tape, Carol, because, for example, the federal statutes, according to the courts, zero in not on silent video, but on communication where you can hear a conversation. But under any scenario, I think there's going to be a good argument that it violates certainly the California constitutional protection of a right of privacy.

COSTELLO: Does it make any difference that the plane was in the air when the cameras started rolling? I mean, do things like that play into it as well?

COFFEY: Well, you can sure have a complex examination of what state laws were applying at what point. But if, in fact, they landed in California, they tried to peddle the video, violating a right of privacy, at a minimum there is going to be a civil cause of action.

COSTELLO: And, of course, Geragos said that a civil suit has already been filed. The FBI is now investigating. Could this be a criminal case as well?

COFFEY: Well, I think for a criminal case, the key thing is going to be whether there was an audio capacity on the tape. Again, the federal statute, for example, which the FBI would be looking at, according to most of the cases it doesn't seem to deal with purely silent video. So, whether or not there was any audio quality or not is going to be key thing in terms of a possible criminal violation.

COSTELLO: But, you know, Kendall, information about what's on the tape is already out there. I was actually watching "Entertainment Tonight" of all things, and one of their producers saw the tapes. How damaging is that?

COFFEY: Well, of course, it's damaging, because there is some description of the demeanor, and the whole notion into the attorney- client communication in such an obviously private setting can be, you know, invaded with a secret surveillance is very troubling. But, again, whether it crosses into the criminal zone, not clear at all. Certainly a strong civil case.

COSTELLO: And quickly, I did want to ask you about the D.A. in this case. He apologized for his demeanor at this press conference, and he says he has no bone to pick with Michael Jackson. These charges had to come forward, because the kid came to him -- or the family of the kid.

COFFEY: Well, no prosecutor is going to bring a case he doesn't believe in, but up to now, Carol, we really don't anything about the evidence they have. Whether this is just going to be an adult said/child said, or whether they've got other evidence from other witnesses.

COSTELLO: Kendall Coffey live on the phone from Miami for DAYBREAK this morning.

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