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American Morning
In Hockey Dad Trial, Closing Arguments Scheduled to Begin in Just a Couple of Hours
Aired January 10, 2002 - 07:11 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.
PAULA ZAHN, CNN ANCHOR: We're turning now to what has become known as the hockey dad trial. Closing arguments are scheduled to begin in just a couple of hours in Cambridge, Massachusetts. Yesterday, the father charged with beating another father to death at their sons' hockey practice took the stand in his own defense.
More now from CNN's Boston bureau chief Bill Delaney.
(BEGIN VIDEOTAPE)
BILL DELANEY, CNN CORRESPONDENT (voice-over): With the prospect of 20 years in prison weighing down his bulky shoulders, Thomas Junta to a Cambridge, Massachusetts witness stand, defending himself against manslaughter. The killing of Michael Costin following a dispute after a children's pickup game of hockey a year and a half ago. The defense, that Costin started a deadly fight, jumping on Junta's back and the two fell to the ground.
THOMAS JUNTA, DEFENDANT: I didn't know what that guy was doing. It was like, I mean why's he even jumping at me so fast. He was like crazy. I couldn't understand it.
DELANEY: Corroborating testimony earlier from a child who witnessed the fight.
VOICE OF GARRETT, WITNESS: And when he jumped on his back, he put his arms around his neck, his forearms around his neck. Mr. Junta struggled for maybe five seconds and then pulled him over his back onto the ground.
DELANEY: The child backing up Junta that only three punches were thrown. The prosecution, though, insisting Junta went too far, excessive force.
JUNTA: It was three off balance punches. That's all I threw.
SHEILA CALKINS, PROSECUTOR: You never stopped between any of those punches, did you, Mr. Junta, to see whether or not that was enough?
JUNTA: It took about two seconds, ma'am, to throw three punches, and that was it.
CALKINS: Well, it would have taken a lot less just to throw one punch, wouldn't it Mr. Junta?
JUNTA: Yes, it would have, but he was hitting me back the whole time.
DELANEY: A forensic pathologist called by the defense said repeated blows weren't necessary. Any punch at just the right angle could have killed Michael Costin.
(on camera): The defense, having rested after closing arguments Thursday morning, the case will go to the jury to decide whether Thomas Junta committed manslaughter or only fought in self-defense and never meant to seriously hurt Michael Costin, let alone kill him.
Bill Delaney, CNN, Cambridge, Massachusetts.
(END VIDEOTAPE)
ZAHN: So what can we expect later this morning as the prosecution and the defense make their final appeals to the jury?
Well, let's bring in two people who are very familiar with the closing arguments.
In New York, we're joined by trial attorney and former prosecutor Linda Kenney. And from Washington, Michael Zeldin, a former federal prosecutor. Good to see both of you. Thank you for joining us this morning.
LINDA KENNEY, TRIAL ATTORNEY: Good morning.
MICHAEL ZELDIN, FORMER FEDERAL PROSECUTOR: Good morning.
ZAHN: All right, Linda, I'm going to start with you this morning. A lot of attention focused on Mr. Junta's testimony yesterday. How did he do?
KENNEY: Well, I thought he did very well. You know, he's a very important witness because the prosecution tried to bait him and he had to come off as somebody who would hold his temper. So in my opinion he came off more like Lenny of "Mice and Men" than somebody you would expect in a very savage beating that would occur in a bar fight, for instance.
ZAHN: Michael, if you would, I want you to analyze this little bit of testimony that we're going to re-air right now to see how powerful you thought it was. Let's listen.
ZELDIN: OK.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What was your mental state at that time when you were throwing your arms out? What were you doing?
JUNTA: I didn't know what that guy was doing and I was like, I mean, why is he even jumping on me so fast? It was like crazy. I couldn't understand it. I didn't know if he had something in his hands.
(END VIDEO CLIP)
ZAHN: Did that bolster his self-defense strategy, Michael?
ZELDIN: That's the heart of Junta's defense, which is he has the burden of having to overcome why he reentered the rink when he was asked to leave and the pushing aside of the security guard, which seems as if he is being the aggressor. He, here in this testimony, is saying look, I was worried about my children. I came into get them. It's a natural instinct of a parent and this guy jumped me. And if the jury believes that, then I think he's got a perfected self-defense claim.
It's not really perfect in the law, but I think it'll get him an acquittal in this case.
So that's the heart of it. I agree that he presented himself well as a witness. He maintained his composure and he tried to shrink the time line. You saw what the prosecutor was doing there was expanding the period of time, saying that in some sense he was deliberate in his punching as opposed to it being a very short time line where he didn't have time to control what was going on, he was reacting to this fellow and then it was over. He said two seconds...
ZAHN: Wait, so, Michael, are you telling me if you are sitting on the jury, based on what you've heard so far, you would acquit him?
ZELDIN: From what I heard so far I think this jury will hang. I don't think that they have enough evidence one way or the other to convict him, from what I've heard.
KENNEY: Well, you know, Paula...
ZAHN: Linda, in the interests of full disclosure, we should explain that you're married to Michael Bodin, a very well known pathologist. But what was interesting to me was the conflicting testimony yesterday coming from the various medical examiners. What is the jury to think when you have one person terrifying that one blow is enough to kill this man and then the other person contradicting him completely, saying that is not true, it took multiple blows to kill Mr. Costin?
KENNEY: Well, they can go three ways. One, they can say that the two women who testified that Junta was pummeling Costin gave credibility to the state medical examiner. Or they can say that the one medical examiner who said it could be one punch, you just don't know, supported the defense witnesses.
So really they can go any way they want to go here, and that's what makes this case so interesting, because although we're talking about it being at a hockey game with kids around, it really is nothing more than a bar fight and did you, did Costin level the same amount of force he believed was necessary to protect himself or did he go too far by virtue of whatever, his size or whatever.
ZELDIN: Right, which is why...
ZAHN: Before it goes to the jurors -- just a quick final thought on the parameters that will be used for describing what is in self- defense, what isn't? Michael?
ZELDIN: Well, what is in self-defense is supposed to be defending yourself against potential injury to you which could be fatal. I don't think we have any testimony of that sort, which is why I say there's an imperfect legal self-defense.
But if he can defend the charges by saying essentially the guy started the fight, in lay terms, and all I did was respond...
ZAHN: The guy who started the fight weighed half what this other guy weighed.
ZELDIN: Well, they were -- but they were pretty close in size, six feet, six feet one. There was, yes, 100 pounds separating them. But if the time line is believed, if this is, a guy jumps on his back, they fall to the floor, he punches him a couple of times and the thing lasts three or four seconds, it's hard to picture from that an intent to kill or any other life threatening actions by Junta which were purposeful, which I think will get him an acquittal, or at least a hung jury.
ZAHN: Linda, you've got 10 -- we've just got 10 seconds for a closing thought from you.
KENNEY: Really, really quickly, I mean whatever we hear today, we should not be surprised. The jurors are in the same position we are. Which way do you go? That may lead to an acquittal.
ZAHN: Thank you both for your insights this morning. Glad to have both of you with us.
KENNEY: Thank you.
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