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American Morning

Interview with Marc Klaas

Aired August 22, 2002 - 08:15   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: The same jury that yesterday convicted David Westerfield will have a few days now before it starts considering whether he will get the death penalty in that case. Westerfield, convicted of kidnapping and killing 7-year-old Danielle van Dam. The jury took about a week, a little more than a week, in fact, before reaching its verdict and delivering that yesterday.
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Guilty of the crime of murder. Guilty of the crime of kidnapping. Guilty of the crime of possessed matter depicting person under 18 in sexual conduct.

(END VIDEO CLIP)

HEMMER: On the penalty phase, it will begin on Wednesday. And for the Van Dam family, it was the end of one chapter in a rather horrifying ordeal.

Marc Klaas knows all too well what they're going through today. His daughter Polly kidnapped and killed back in 1993 in northern California.

Marc Klaas back with us again today on AMERICAN MORNING.

Good to see you.

MARC KLAAS, KLAASKIDS FOUNDATION: Hi, Bill.

HEMMER: Could you relate to what the van Dams were feeling yesterday?

KLAAS: Oh, absolutely.

HEMMER: What is the feeling of the parents?

KLAAS: Well, you know, immediately it's a sense of relief and it's also a sense that there's been some justice done to the little girl. Certainly not full justice. That will come after the end of the penalty phase, one would hope. But, you know, it's a relief that's mixed with a sadness that ultimately turns to some sort of joy near the end of the evening.

HEMMER: Do you remember the feeling you had?

KLAAS: Oh, absolutely.

HEMMER: I have to think it's absolutely indelible. Is it?

KLAAS: I was kicked out of the courtroom.

HEMMER: You were?

KLAAS: Oh, absolutely.

HEMMER: Insubordination or?

KLAAS: No, no, no. The guy had accused me of having molested my own child and I took a dive at him. And six deputies basically caught me in midair and led me out of the courtroom. And it's amazing. I mean this is the problem. These guys have all the rights. They can say whatever they want. People like the van Dams and myself have to sit stoically throughout these ordeals. These guys can give us the finger. They can say whatever it is they want to us and if anybody acts out, if anybody makes, emotes in any way, shape or form, we're the ones that get exited from the court.

HEMMER: How do you deal with that? I would imagine you want to emote it in some way.

KLAAS: Well, you know what? You can't. That's the thing. They tell you that if you do, you will be kicked out of the courtroom. So you have to, you have to keep your eyes off of the jury. You have to stay in the courtroom every day just simply to remind the jury that this is about the death of your child.

HEMMER: That has got to be such a difficult thing to take.

KLAAS: Oh, it's a terrible thing, yes.

HEMMER: Listen, you do not think, even if the jury comes back during the penalty phase right now and sentences David Westerfield to die...

KLAAS: Right.

HEMMER: ... you don't think he will. Why not?

KLAAS: Well, in California there are 600 guys sitting on death row and it's a state that's only executed 11 people since 1977. My daughter's killer, who was sentenced to death in 1996, still has not been assigned an appeals lawyer. It's a silent protest against the death penalty by the defense bar in the state of California.

HEMMER: Why have the law, then? Whether you're for the death penalty or against it, why have the law if the numbers are as slim as you describe?

KLAAS: Well, you know, you need the law because you need another layer of protection between us and them, although death penalty opponents will say that we execute innocent people, of which there's absolutely no proof, there is proof that guilty, that death row inmates are put back onto the street to kill again. It's happened in California. It's happened in Texas. And it's happened in other places. You have to realize that very few sentences are ever carried out to their full extreme. People are given life sentences, they're out in 20. They're given 20, they're out in 10. A lot of guys are just simply put on probation. So it's just a layer of protection between us and them and it also, to do less would be somehow to diminish the life of the victim, if you understand what I'm saying.

HEMMER: I want to go back to yesterday. And I do, yes.

KLAAS: Sure.

HEMMER: I don't have the videotape right now, but if we can cue up the reaction again from David Westerfield. You have a rather interesting reaction to how he behaved.

KLAAS: Well, how can somebody be sentenced -- how can somebody be convicted of those horrendous, heinous crimes in front of the entire world and not emote at all? It almost makes you feel like he doesn't have a heart, like he doesn't have empathy. What a window into his soul.

HEMMER: Let's look down the road right now.

KLAAS: Yes?

HEMMER: I know you are a strong proponent, advocate of taking the amber alert nationwide.

KLAAS: Yes.

HEMMER: Apparently your company has now reached a deal in California and the State of Texas.

KLAAS: That's right.

HEMMER: And you believe it could be used most effectively -- really, ABCs of this, how would it work?

KLAAS: It's very simple. Our company, Beyondmissing.com, has created GPS locators for every law enforcement agency in America. What we're doing in Texas and California is creating amber zones around each of those agencies that will extend for a radius of 200 miles around each agency.

Therefore, when there is an amber alert in a jurisdiction, they simply go on to the Web site, create the flier, hit the amber alert button. It defaults to the emergency alert system, which then notifies all of the partners within that 200 mile zone.

HEMMER: How tough is this to do, though?

KLAAS: It's not very tough.

HEMMER: I mean you need some technology, right? KLAAS: We have...

HEMMER: You have to implement it and...

KLAAS: Oh, you need all of those things. But you know what? We've, we made our deal with Texas about a week ago and we're within days of concluding the project.

HEMMER: Days?

KLAAS: Yes. We're going to be testing the Texas system on the 7th of next month.

HEMMER: Take that system, does it save Danielle van Dam's life?

KLAAS: No, it doesn't. I mean that's part of the problem. There is nothing that's going to fix everything. It doesn't save Danielle van Dam's life because Danielle van Dam was probably kidnapped many, many hours prior to anybody discovering that she was gone. Westerfield was out of town with Danielle van Dam before they realized Danielle van Dam wasn't asleep in her bed.

HEMMER: Yes. Have you talked to the family since the verdict?

KLAAS: No, I haven't. But I'll be talking to them today. I did hear from somebody yesterday and they're pleased.

HEMMER: Thank you, Marc.

KLAAS: Sure thing, Bill.

HEMMER: Marc Klaas with us today.

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