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American Morning

Interview with Bob Goldman

Aired July 26, 2002 - 07:33   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.
JACK CAFFERTY, CNN CORRESPONDENT: There is a new twist this morning in the family feud over the remains of Ted Williams. Two of his children claim that this stained piece of paper you're looking at now bearing Ted Williams' signature is actually an agreement to have his body frozen and they say that it supersedes his last will and testament, this request that his body be cremated.

John Henry and Claudia Williams, son and daughter of the baseball legend, have been fighting with their half sister. She wants to abide by the terms of the will and have Ted Williams' body cremated.

John Henry and Claudia Williams' attorney Bob Goldman joins us now from West Palm Beach, Florida with more on this.

Mr. Goldman, nice to have you with us.

Why release this letter now?

BOB GOLDMAN, ATTORNEY FOR JOHN HENRY & CLAUDIA WILLIAMS: Well, we hoped, Jack, to handle this entire matter privately, as all families do around the country quite regularly. But when we realized that just wasn't to be, we weren't going to be able to solve it that way, then the court needs to know about it.

CAFFERTY: We're going to put the letter up on the screen so the viewers can take a look at it. This thing was apparently in the trunk of a car. It looks very much the worse for wear. It's got oil smudges and the ink is stained in some places. Tell us a little about where it's been and whether or not it will be in a court of law sufficient to override Ted Williams' will, which calls for something entirely different.

GOLDMAN: Oh, sure. Well, there is no question that a separate writing subsequent to a will regarding a person's disposition of his or her body supersedes a will. I mean that's just always been the law. That's crystal clear. The law does not require that the document be on a particular kind of paper, have a particular kind of stain or lack of stain, have a notary or any such thing.

As long as it's a written declaration, that's fine. And, in fact, that's not even clear that it even has to be in writing. So we're quite comfortable with the legal issue.

CAFFERTY: As I understand it, this was signed, allegedly, four days before Mr. Williams underwent heart surgery and the signature on it looks weak, for want of a better word to describe it. Could you make an issue over whether or not he was in good enough condition heading into heart surgery to understand what he was doing at the time?

GOLDMAN: Well, people can certainly make issues. But right now under Florida law I cannot speak privately with his doctors. However, one of the reports for the "Boston Herald" apparently did speak to Dr. Leone (ph), who was his treating physician. And that doctor said over the last few years of Ted's life that he was perfectly capable, and, in fact, made his health care decisions.

So I think the best evidence is with the treating physician and he's already on record.

CAFFERTY: Why do you suppose this letter wasn't taken to Ted Williams' attorney so that it could be included in, as a part of his will, and, in fact, registered in such a way as to become a binding legal directive as to what should be done with his remains?

GOLDMAN: Well, it is a binding legal directive and if I were Ted Williams, wanting the privacy that I've always wanted my entire life, wanting the privacy of my children, who have also made personal decisions in that document, the last place I would put it is in a will which ultimately becomes a public document on my death.

CAFFERTY: Even though there would be certainly reason to expect that there might be a controversy that would arise. If the will says one thing and this note says something else and his lawyer was never made aware of the second document, certainly you would anticipate there would be more public attention drawn to this than there might be under normal circumstances, where the will would be read and the request followed.

GOLDMAN: Well, I don't think that's accurate. If you put it in the will, then you're necessarily in a public arena. Otherwise, you make the decision the way people make the decision all around the country and oftentimes with at least a debate over what the decedent wanted. But they end that debate in the living room rather than in the courtroom. We hope that would happen. I know Ted hoped that would happen and certainly my clients hope that would happen.

Unfortunately, that's not to be as a result of their older sister.

CAFFERTY: How is all of this, do you suppose, eventually going to affect his legacy? You mentioned that he was a very private man, which he was. And one can't help but think he would be disturbed by all of this.

GOLDMAN: Well, that's right, and I think his legacy is his greatness as a ball player, as an outstanding philanthropist and certainly the family is so disappointed that they've had to go through this at a time when they've just really been grateful for all the outpouring of sympathy for their father's death. But I think on balance people understand that this private fight is just that, now a public fight, but still is different from the great, wonderful accomplishments of their father. Also, as a dad, I might add, these kids knew him just as a dad, not as a ball player.

CAFFERTY: Sure.

GOLDMAN: And they were the three musketeers. They hung out together, loved each other and enjoyed each other's company.

CAFFERTY: Right.

All right, we're going to have to leave it the, Mr. Goldman. Thanks for being with us this morning. I appreciate it.

GOLDMAN: Thank you.

CAFFERTY: Bob Goldman, Ted Williams' son's attorney, joining us this morning in the ongoing controversy over what to do with his remains.

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