Return to Transcripts main page

American Morning

Mother Grilled by Prosecutor in Danielle Van Dam Case

Aired March 15, 2002 - 08:45   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: At the conclusion of the hearing, the judge ordered David Westerfield to stand trial. But yesterday's grilling of the mother by the prosecution might have seemed unfair to some of you. Is it a sign of where the defense will go when the trial begins?

Joining us to talk about that and two other prominent murder cases from Washington former federal prosecutor Cynthia Alskne.

Welcome back.

So, Cynthia, how important was that testimony yesterday in this preliminary hearing?

CYNTHIA ALSKNE, FMR. FEDERAL PROSECUTOR: What's important really in the preliminary hearing is deciding whether or not there's probable cause to believe whether or not he committed the crime. The probable cause actually came from the DNA and the blood evidence. That's actually where the probable cause comes from. The mother's testimony is interesting because it displays a theory of the prosecution. You know, there's two theories at this stage of the game for prosecutors. One is cards close to the vest. And the other is lay the cards on the table.

This prosecutor is obviously a lay the card on the table prosecutor, and he didn't have to put the mother on the stand, but chose to so that the defense is aware of all the evidence against him, and so that everybody knows the strength of his case.

There's been a lot of speculation in San Diego about these parents and their lifestyle and were they involved, and this really has helped clear that issue up so that potential jurors, and the citizens of San Diego recognize that these parents were not involved in the death of their child.

ZAHN: While we've got you here, quickly, I want to move on to the dog mauling trial. You've got closing argument scheduled for Monday. What do you think is going to happen in is case?

ALSKNE: I don't know what's going to happen, but I'll tell you the last witness that you mentioned earlier was a very important witness for the prosecution. The last witness in the dog mauling trial was an expert who said that Marjorie Knoller, the defendant, the female lawyer who was trying to hold the dog when the dog mauled the victim to death, that she really wasn't trying to do as much as she said she was doing. She wasn't as close, she wasn't actively involved and she wasn't hurt as badly as she said. That's a very important witness in any trial, when someone can look at the defendant and say this defendant has lied to the jury. And when that happens, it's very bad news for a defendant. That's what happened in this case.

ZAHN: All right, Cynthia, we'd love to you have back next week as we all further analyze the Andrea Yates trial as well.

Thanks for your time this morning. Have a good weekend.

ALSKNE: Thank you.

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