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American Morning
Two Florida Boys Found Guilty of Killing Father Could Get New Trial
Aired October 18, 2002 - 09:06 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: What's next in this tangled case? joining us from Pensacola, Florida, Alex King's attorney, James Stokes. By the way, we did ask the prosecution to appear this morning, and they declined.
Good morning.
JAMES STOKES, ATTY. FOR ALEX KING: Good morning.
ZAHN: Were you surprised by the judge's decision?
STOKES: I was very surprised and very pleased by the judge's decision.
ZAHN: And why were you pleased by the decision?
STOKES: Well, I think this is going to allow us to present the case, but, more importantly, I think it's going to allow us to work something out that will be in the boys' best interests.
ZAHN: At this point in time, what do you think would be in the boys' best interest, and do you think the prosecution would find that acceptable?
STOKES: Well, I'm very hopeful. I know David Rimmer (ph) and I know he's a reasonable man, and I think we will be able to work something out. Exactly what that would be, I really don't want to get into now. It is going to be a negotiation that we will have to engage in.
ZAHN: We just heard, as you probably listened in on the jury forewoman, saying that they never believed a 30 to 40-year sentence would have been appropriate. They were more in favor of a lighter sentence with rehabilitation. Is that kind of the direction you're leaning in? I know you can't give us the specifics, but would that be acceptable?
STOKES: Well, absolutely. I think that the boys did admit to telling the police this lie and they did admit to their participation after the event, and Alex has testified to that, and I think that Alex has been punished, and he is a victim in this, and I think that's one of the things that has been missing, is the fact that Alex was under, even by the state's version of events, Alex was under the extreme coercion of Ricky Chavez, and I'm just so grateful that we had the judge that we had and he could make that ruling. ZAHN: I know that you joined AMERICAN MORNING shortly after the original verdict, and you announced at that time that two of the jurors were siding with you to file a motion for a new trial. Did this enter into the judge's decision yesterday?
STOKES: I think if you knew Judge Frank Bell, you would know he's not very susceptible to outside pressures, and I think what the judge did was he looked at the facts that were presented to him and he looked at the way it was presented and, you know, he is a man that has the courage of his convictions and he said, you know, what happened here was not right. They did not receive due process, and he made his ruling, and I'm sure he's going to stick to it.
ZAHN: I know you said you look at this next phase, the mediation phase, as an opportunity to present your case, and you talked a little bit about how you thought Alex was under served by the system here. What else do you think should be compelling to the prosecution?
STOKES: Well, I think just the background of the boys and -- or particularly Alex you know, his limited understanding of what was going on. I mean, I went back out to the jail last night and visited with Alex and even at that point, and even at that point, he knew that we had won something, but he wasn't -- he doesn't have a firm grasp of even what's happened at this point.
And I think that, you know, you have to deal with children and their understanding of what is going on and their culpability based upon that particular child's age and ability to form intent.
ZAHN: Did you have a chance to talk with Derek, too, to get his reaction to this change?
STOKES: No, I didn't. Things were happening so fast, I haven't spoke with Derek since this happened.
ZAHN: In closing this morning, I know you said you're hopeful that you and the prosecution will be able to cobble together some sort of resolution here. If you were a betting man, what are the chances that that will happen? Is there a pretty good chance, do you think?
STOKES: I think there is a pretty good chance that we'll work something out.
ZAHN: All right. We would like to stay in touch with you and have you come back when you reach that resolution, if you do.
James Stokes, thank you for joining us here again on AMERICAN MORNING. Appreciate your time.
STOKES: 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
New Trial>
Aired October 18, 2002 - 09:06 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: What's next in this tangled case? joining us from Pensacola, Florida, Alex King's attorney, James Stokes. By the way, we did ask the prosecution to appear this morning, and they declined.
Good morning.
JAMES STOKES, ATTY. FOR ALEX KING: Good morning.
ZAHN: Were you surprised by the judge's decision?
STOKES: I was very surprised and very pleased by the judge's decision.
ZAHN: And why were you pleased by the decision?
STOKES: Well, I think this is going to allow us to present the case, but, more importantly, I think it's going to allow us to work something out that will be in the boys' best interests.
ZAHN: At this point in time, what do you think would be in the boys' best interest, and do you think the prosecution would find that acceptable?
STOKES: Well, I'm very hopeful. I know David Rimmer (ph) and I know he's a reasonable man, and I think we will be able to work something out. Exactly what that would be, I really don't want to get into now. It is going to be a negotiation that we will have to engage in.
ZAHN: We just heard, as you probably listened in on the jury forewoman, saying that they never believed a 30 to 40-year sentence would have been appropriate. They were more in favor of a lighter sentence with rehabilitation. Is that kind of the direction you're leaning in? I know you can't give us the specifics, but would that be acceptable?
STOKES: Well, absolutely. I think that the boys did admit to telling the police this lie and they did admit to their participation after the event, and Alex has testified to that, and I think that Alex has been punished, and he is a victim in this, and I think that's one of the things that has been missing, is the fact that Alex was under, even by the state's version of events, Alex was under the extreme coercion of Ricky Chavez, and I'm just so grateful that we had the judge that we had and he could make that ruling. ZAHN: I know that you joined AMERICAN MORNING shortly after the original verdict, and you announced at that time that two of the jurors were siding with you to file a motion for a new trial. Did this enter into the judge's decision yesterday?
STOKES: I think if you knew Judge Frank Bell, you would know he's not very susceptible to outside pressures, and I think what the judge did was he looked at the facts that were presented to him and he looked at the way it was presented and, you know, he is a man that has the courage of his convictions and he said, you know, what happened here was not right. They did not receive due process, and he made his ruling, and I'm sure he's going to stick to it.
ZAHN: I know you said you look at this next phase, the mediation phase, as an opportunity to present your case, and you talked a little bit about how you thought Alex was under served by the system here. What else do you think should be compelling to the prosecution?
STOKES: Well, I think just the background of the boys and -- or particularly Alex you know, his limited understanding of what was going on. I mean, I went back out to the jail last night and visited with Alex and even at that point, and even at that point, he knew that we had won something, but he wasn't -- he doesn't have a firm grasp of even what's happened at this point.
And I think that, you know, you have to deal with children and their understanding of what is going on and their culpability based upon that particular child's age and ability to form intent.
ZAHN: Did you have a chance to talk with Derek, too, to get his reaction to this change?
STOKES: No, I didn't. Things were happening so fast, I haven't spoke with Derek since this happened.
ZAHN: In closing this morning, I know you said you're hopeful that you and the prosecution will be able to cobble together some sort of resolution here. If you were a betting man, what are the chances that that will happen? Is there a pretty good chance, do you think?
STOKES: I think there is a pretty good chance that we'll work something out.
ZAHN: All right. We would like to stay in touch with you and have you come back when you reach that resolution, if you do.
James Stokes, thank you for joining us here again on AMERICAN MORNING. Appreciate your time.
STOKES: 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
New Trial>