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American Morning

Prosecution Wrapping Up in Junta Trial

Aired January 08, 2002 - 12:22   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.
LEON HARRIS, CNN ANCHOR: Well, the hockey rage trial that we have been covering in Cambridge, Massachusetts hasn't been underway for long, but there have been no shortage of emotional moments. Let's check in now with our Michael Okwu who is there. He's there live now with the report -- Michael.

MICHAEL OKWU, CNN CORRESPONDENT: Leon, good afternoon to you.

We expect that momentarily the prosecution will rest its case. We want to take you inside of the courtroom right now, because there are some developments. Not earth shattering, but we are told normal in circumstances like this. The defense attorney is trying to get the judge to dismiss the case, making the argument that Michael -- that Thomas Junta, the defendant in this case, was simply trying to defend himself.

Of course, that has been their argument all along, that it was a case of self defense, and they are making a plea now as the prosecution is at the edge of ending its side of its case to drop the trial all together.

Now earlier today, there was some dramatic testimony. A Virginia Brings dropped off her grandchildren at the ice rink on that summer afternoon in 2000, she said, and she said that when she saw the violence erupting between Thomas Junta and Michael Costin, she tried her best to stop it.

(BEGIN VIDEO CLIP)

VIRGINIA BRINGS, WITNESS: At one point in time, he hit him quite a few times. I noticed that Mr. Costin's leg went off to the right hand side of his body. It jerked off (ph), and he was not responding at all.

UNIDENTIFIED FEMALE: At what point was he not responding?

BRINGS: When he had been hit quite a few times, he just stopped responding, and I remember saying saying -- hollering at Mr. Junta, "he's not responding, he's not responding, don't hit him anymore!"

UNIDENTIFIED FEMALE: And did Mr. Junta stop?

BRINGS: No.

(END VIDEO CLIP)

OKWU: Now Ryan Car (ph), a 21-year-old college student, also offered damaging testimony against the defense, but under cross- contamination he said that after an initial scuffle between the two men had been resolved and broken up, he saw Costin wind up as if to deliver a punch when Junta was returning to the rink. Now, of course, again, all along, Junta's lawyers say that he acted in self defense, when Costin, who was outweighed by some 100 pounds, started the fight.

Now, Leon, we expect again that prosecution will end its case. We are still waiting to find out when or if the children of the two men will testify. We understand that may happen any -- at any point during the course of this week, and as expected the judge has denied the defense moves to drop the case -- Leon.

HARRIS: And Michael, when we talked about the prospect of these children testifying, do we know yet whether or not they would be testifying on behalf of the prosecution or the defense in this case?

OKWU: Well, at this point, there have been two children who have been called to the witness stand by the prosecution, and as the prosecution is resting its case, pretty much as we speak, we expect that the nine remaining children on that list might be called by the defense, and of course it's important to realize this, that the defense and the prosecution construct the witness list, and they reserve the right to call these people to the stand, but it doesn't necessarily mean that they will call them -- Leon.

HARRIS: Got it. Thanks Mike. Michael Okwu, reporting live from Cambridge, Massachusetts.

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