Return to Transcripts main page

CNN Live Today

Scott Peterson Case

Aired December 03, 2003 - 11:33   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.


DARYN KAGAN, CNN ANCHOR: Scott Peterson's Arraignment on murder charges is set to begin at this hour in Modesto, California. Peterson has denied killing his wife, Laci, and their unborn son.
Joining us from Miami to talk about the case and today's arraignment, former federal prosecutor Kendall Coffey.

Kendall, good morning.

KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: Hey, good morning, Daryn.

KAGAN: Let's talk about the move that defense attorney Mark Geragos will make. He's going to try to get this case dismissed. Any chance at all of that happening, do you think?

COFFEY: No chance at all. But it's very consistent with the extraordinary degree of aggressiveness that the defense team has employed in every turn, counter-attacking, calling this, from the inception, a voodoo-like investigation, accusing the prosecutor of a trifecta of prosecutorial misconduct, alleging that documents and information weren't turned over to them. They've got a lot of issues they keep raising, but it's not going to get this case dismissed.

KAGAN: Scott Peterson will once again hear the charges that are being pressed against him, and a trial date will be set. He does have the right to a speedy trial. Does Mark Geragos go for that speedy trial, and does he try to delay to get more time?

COFFEY: Not at all. There are so many issues the defense is raising and is continuing to raise. It could be some number of months before this case can be tried. They also want to address, in addition to the issue that we talked about, of trying to get the case dismissed, major question on venue, trying to get the case transferred away from Modesto, and there are a number of major evidence rulings that weren't reached during the preliminary hearing, questions raised from everything from hypnotized witnesses to the use of some wiretap evidence that haven't yet been resolved. So there's plenty to occur and take place before this case even reaches a trial.

KAGAN: On the change of venue matter, we heard the judge at the end of the preliminary hearing raise the possibility, well, here's an idea, instead of moving the trial away, we stay here, and let's bus jurors in from a different county. Have you ever participated in a case that works like that?

COFFEY: Well, I honestly haven't. I don't think that's a likely outcome. Let's face it, if you're going to really get away from the scene of a very strong local feeling that we have in Modesto, that would be a pretty long bus ride, more of a hardship for the jurors.

My sense is the judge is going to have to seriously consider transferring this case out of Modesto. Polls show that feeling is high. And remember, when Scott Peterson was brought in to jail, into Modesto, there were 200 people waiting for him, 3,000 people showed from Modesto showed up at a memorial service for his wife, Laci. Feelings in that community are very high.

KAGAN: And then, finally, as a fellow attorney, do you have to shake your head at Mark Geragos? Here's a man involved in the most infamous murder trial of the time, and also the Michael Jackson mess in Southern California. How can one attorney possibly represent both clients well?

COFFEY: Well, certainly, any top-drawer attorney is going have multiple major representations at any time.

But the interesting thing, Daryn, is going to be when he gets to jury selection in the Scott Peterson case, if you have a lot of potential jurors that are aware of his representation of Michael Jackson, is that something they have to address in jury selection? No problem if the potential jurors are Michael Jackson fans. But if they have highly negative feelings against Michael Jackson and toward anyone who might be representing him, that's something that Scott Peterson's lawyer is going to have to work through.

KAGAN: All right, Kendall Coffey from Miami. Thanks for your insight. Appreciate it.

COFFEY: Thanks for inviting me, Daryn.

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 December 3, 2003 - 11:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Scott Peterson's Arraignment on murder charges is set to begin at this hour in Modesto, California. Peterson has denied killing his wife, Laci, and their unborn son.
Joining us from Miami to talk about the case and today's arraignment, former federal prosecutor Kendall Coffey.

Kendall, good morning.

KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: Hey, good morning, Daryn.

KAGAN: Let's talk about the move that defense attorney Mark Geragos will make. He's going to try to get this case dismissed. Any chance at all of that happening, do you think?

COFFEY: No chance at all. But it's very consistent with the extraordinary degree of aggressiveness that the defense team has employed in every turn, counter-attacking, calling this, from the inception, a voodoo-like investigation, accusing the prosecutor of a trifecta of prosecutorial misconduct, alleging that documents and information weren't turned over to them. They've got a lot of issues they keep raising, but it's not going to get this case dismissed.

KAGAN: Scott Peterson will once again hear the charges that are being pressed against him, and a trial date will be set. He does have the right to a speedy trial. Does Mark Geragos go for that speedy trial, and does he try to delay to get more time?

COFFEY: Not at all. There are so many issues the defense is raising and is continuing to raise. It could be some number of months before this case can be tried. They also want to address, in addition to the issue that we talked about, of trying to get the case dismissed, major question on venue, trying to get the case transferred away from Modesto, and there are a number of major evidence rulings that weren't reached during the preliminary hearing, questions raised from everything from hypnotized witnesses to the use of some wiretap evidence that haven't yet been resolved. So there's plenty to occur and take place before this case even reaches a trial.

KAGAN: On the change of venue matter, we heard the judge at the end of the preliminary hearing raise the possibility, well, here's an idea, instead of moving the trial away, we stay here, and let's bus jurors in from a different county. Have you ever participated in a case that works like that?

COFFEY: Well, I honestly haven't. I don't think that's a likely outcome. Let's face it, if you're going to really get away from the scene of a very strong local feeling that we have in Modesto, that would be a pretty long bus ride, more of a hardship for the jurors.

My sense is the judge is going to have to seriously consider transferring this case out of Modesto. Polls show that feeling is high. And remember, when Scott Peterson was brought in to jail, into Modesto, there were 200 people waiting for him, 3,000 people showed from Modesto showed up at a memorial service for his wife, Laci. Feelings in that community are very high.

KAGAN: And then, finally, as a fellow attorney, do you have to shake your head at Mark Geragos? Here's a man involved in the most infamous murder trial of the time, and also the Michael Jackson mess in Southern California. How can one attorney possibly represent both clients well?

COFFEY: Well, certainly, any top-drawer attorney is going have multiple major representations at any time.

But the interesting thing, Daryn, is going to be when he gets to jury selection in the Scott Peterson case, if you have a lot of potential jurors that are aware of his representation of Michael Jackson, is that something they have to address in jury selection? No problem if the potential jurors are Michael Jackson fans. But if they have highly negative feelings against Michael Jackson and toward anyone who might be representing him, that's something that Scott Peterson's lawyer is going to have to work through.

KAGAN: All right, Kendall Coffey from Miami. Thanks for your insight. Appreciate it.

COFFEY: Thanks for inviting me, Daryn.

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