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American Morning
Interview With Lawrence Wolf Levin
Aired August 05, 2002 - 07:14 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: To Chicago now, where six men and a teenager are facing first-degree murder charges in a vigilante attack that has stunned the country. Police say the seven were part of a mob that pulled two men from a van and beat them to death after the van jumped a curb and plowed into a group of women.
The 16-year-old is a teenager named Antonio Fort. He is a high school freshman, and his attorney says that Fort was actually just trying to help the men.
Lawrence Wolf Levin joins us from Chicago.
Larry, good morning, thanks for joining us.
LAWRENCE WOLF LEVIN, ANTONIO FORT'S ATTORNEY: Good morning. How are you?
KAGAN: Was this just all a big misunderstanding? You say your client was just trying to help the men who were being beaten up?
LEVIN: (UNINTELLIGIBLE) a misunderstanding. It's my understanding the police went out and attempted to arrest people they thought that may be involved. At this particular time, we haven't been given any concrete evidence. Everything is innuendo, I said-he said.
At the bond hearing before Judge Ford (ph), Judge Ford (ph) made certain statements regarding community involvement in the vigilante activities. To date, we have received nothing which has shown that Antonio Fort had any way, any part, any type of culpability...
(CROSSTALK)
KAGAN: But, Larry -- Larry, on the contrary here, prosecutors are making some very specific charges against your client that not only was he part of this, they specifically said that once these men were taken from the van that your client picked up a concrete slab and slammed it into the head of Anthony Stuckey, one of the victims.
LEVIN: Well, a prosecutor can say whatever they want to. Our country is a country of laws, and when we get into court, I believe that Mr. Fort will be found not guilty based on the evidence rather than innuendo, suggestion and statement.
It's interesting to note that Mr. Fort, a 16-year-old young man, who is a freshman or a sophomore at South Shore High School, doesn't have any pertinent criminal record, and there was no statement contrary to the others, which was a video confession, or corroborative evidence, such as fingerprints or other items save for perhaps statements from either the co-arrestees or individuals in the community that put him there at the time.
KAGAN: When you say no pertinent criminal record, I have heard that all seven involved here, all seven defendants all have criminal records and all had gang affiliation. Is that not true with your client?
LEVIN: I have no knowledge of any gang affiliation as to Mr. Fort. When we were at the bond hearing before Judge Ford (ph) with my associate, Mr. Decker (ph) and a paralegal, Mr. Farrigan (ph), we were not given any information relative to any prior criminal background.
KAGAN: Two decisions here, one, the judge has ordered your client held without bail. Were you trying to get him out?
LEVIN: Yes, I am. I believe that any time an individual who is not guilty of a crime spends in custody is time which can never be recompensed for.
And secondly, he is the youngest individual involved here. He is a student. He has -- was attending high school. He was working at Wendy's. And consequently, we believe that the proof is lacking and the presumption is not great, which are the two standards in Illinois in a capital case, which must be met to detain without bond.
KAGAN: And what about the decision -- we have mentioned that Antonio is the only teenager involved here? What about the decision to try him as an adult?
LEVIN: Well, that under Illinois law is what they call an automatic 702 hearing. The prosecutor, with the court, has a decision to do that independent of any argument by counsel. If necessary, we will mete out a constitutional challenge as to that. But at this particular time, we will coalesce with their desires to treat Antonio as an adult, and we will be ready and prepared to defend vigorously in court.
KAGAN: So this age might be an issue. What about his size? I understand you think that that should be a factor in his defense.
LEVIN: Well, when I say the size, when we went to the police facility, Antonio was curled up in a ball, freezing. He is less than 5 feet tall. He is approximately 100 pounds in weight. He is diminutive in size, and he's quiet in nature. These are all factors which tend to debunk the particular statements of the prosecutors and anybody else who would point the finger and said that he was intricately involved in this particular melee of vigilante activity.
KAGAN: And your next chance to get him out of jail?
LEVIN: Well, we will be in court this morning, and hopefully, the judge will be cognizant of the facts, will press the state's attorney to bring out particular factors, such as who, what, how and where, and give us concrete evidence, instead of just plain statements and innuendoes.
KAGAN: But clearly, a terrible thing happened in Chicago last Tuesday as two men lost their lives and three women were hurt seriously. You're just saying that your client was not involved in a way that the fingers are being pointed at him.
LEVIN: That would be correct. Everybody is upset with what happened here. It's something which never should have taken place. But unfortunately, based on the circumstances and then this young man, a teenager, is being forced to pay the price, and we hope that no further tragedies are occasioned by virtue of this.
KAGAN: Larry Levin, attorney for Antonio Fort, thank you for joining us, sir.
LEVIN: Thank you for having me.
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