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American Morning

Ryder Sentencing Today

Aired December 06, 2002 - 08:14   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.


DARYN KAGAN, CNN ANCHOR: Somebody who is not probably looking forward to today, Winona Ryder. It is her sentencing day. The actress was found guilty last month of stealing merchandise valued at more than $5,000 from a Beverly Hills store. She probably will not be doing any jail time.
Our legal analyst, Jeffrey Toobin, is here to tell us what, though, she is likely to get, because she's not going to escape punishment -- good morning to you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Howdy.

KAGAN: First of all, no jail time. Not a surprise. Even the prosecutors said that's probably not appropriate in this case.

TOOBIN: Right. One of the things you always think about in these celebrity cases is are they being treated like everyone else.

KAGAN: Right.

TOOBIN: A first offender for shoplifting, even if it's a felony, as it is in her case, would not likely get jail time. And so Winona will not be going to the big house.

KAGAN: No. But she will be punished and there clearly is a problem here. I think one of the things that got my attention, the drugs she had on her when she was arrested. Now, the drug charge was dropped as a conviction.

TOOBIN: Right.

KAGAN: But painkillers, eight painkillers -- Demerol, Diazepam, Valium, Vicodin, Percodan -- I mean I can go on and on.

TOOBIN: That's right.

KAGAN: I mean she could have opened a pharmacy.

TOOBIN: Yes, and even more troubling, several of those prescriptions were not in her name.

KAGAN: Or she has different names, because she has a stage name and -- yes.

TOOBIN: Well, no, she has, the name was not...

KAGAN: Apparently she has several. TOOBIN: This name was not a stage name. This name was apparently a name to get prescriptions in.

KAGAN: Yes.

TOOBIN: And one of the things the prosecutors asked for is that in the future, if she uses any other false names to get drugs, that's a violation of her probation and she could go to jail for it.

KAGAN: She's got to use one name.

TOOBIN: One name.

KAGAN: All right. So that's one thing.

What else does the prosecutor want to see happen?

TOOBIN: Well, restitutions and fines totaling about $26,000, which is, you know, considering she stole $5,000...

KAGAN: Right.

TOOBIN: It's pretty hefty. I mean she gets several million dollars a picture, it won't bankrupt her. But it just shows they're trying to, you know, make it sting a little bit.

KAGAN: And what about community service?

TOOBIN: There'll be some of that. There'll probably be some negotiation about that. But she's going to, and she has to give back those terrific goods.

KAGAN: Oh, I'm sure she can't keep all that stuff.

TOOBIN: Well, now, you know, everybody has to have a favorite thing that she stole. My favorite thing was the $80 pair of socks. See, I don't think I led a very sheltered life. I didn't know you could buy a pair of socks for $80.

KAGAN: Who knew? Who knew?

TOOBIN: You know, I don't remember that kind of thing.

KAGAN: In Beverly Hills, anything is possible.

TOOBIN: Exactly.

KAGAN: And when it comes to something like community service, 60 days, who gets to say? I mean could she say, you know, working at the craft table at the movie set, that that's community service?

TOOBIN: No. I mean that's actually one of the, that's always a point of negotiation and, in fact, you remember from the O.J. Simpson case, he got community service from his domestic violence case, you know, years ago.

KAGAN: Even before, right.

TOOBIN: And he was allowed to sort of put on a fundraiser. It was, he got a very cushy deal. And I think in recent years they've kind of tightened up on that and, you know, they want to try to get people to be picking up trash by the subway, you know, real genuine punishment.

KAGAN: Right. So if you see Winona Ryder by the side of the 405 there...

TOOBIN: That's right.

KAGAN: But, finally, on a serious note, she will be a convicted felon for the rest of her life.

TOOBIN: Yes, and that's, that's the question a lot of us have about why this was pushed so far by her attorneys. I mean, you know, usually these case are resolved by misdemeanor pleas. But she got convicted. You know why? Because she was guilty and she should have maybe like forestalled this.

KAGAN: But as a former federal prosecutor, remind us, again, if you're a convicted felon, what do you lose for the rest of your life?

TOOBIN: Well, it varies by state, but often you lose the right to vote and it's, you know, it's, you know, it's bad.

KAGAN: It's not good. It could hurt you in some businesses from getting work. In the weird world of Hollywood, as I understand it, this has kind of created a buzz about Winona Ryder.

TOOBIN: It has. But I don't think it's a good thing.

KAGAN: Not a good thing.

TOOBIN: You know, all publicity is not good publicity.

KAGAN: Pay for the goods is a lesson learned.

TOOBIN: Exactly. Exactly. That's our lesson.

KAGAN: Jeffrey Toobin, thank you so much.

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






Aired December 6, 2002 - 08:14   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Somebody who is not probably looking forward to today, Winona Ryder. It is her sentencing day. The actress was found guilty last month of stealing merchandise valued at more than $5,000 from a Beverly Hills store. She probably will not be doing any jail time.
Our legal analyst, Jeffrey Toobin, is here to tell us what, though, she is likely to get, because she's not going to escape punishment -- good morning to you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Howdy.

KAGAN: First of all, no jail time. Not a surprise. Even the prosecutors said that's probably not appropriate in this case.

TOOBIN: Right. One of the things you always think about in these celebrity cases is are they being treated like everyone else.

KAGAN: Right.

TOOBIN: A first offender for shoplifting, even if it's a felony, as it is in her case, would not likely get jail time. And so Winona will not be going to the big house.

KAGAN: No. But she will be punished and there clearly is a problem here. I think one of the things that got my attention, the drugs she had on her when she was arrested. Now, the drug charge was dropped as a conviction.

TOOBIN: Right.

KAGAN: But painkillers, eight painkillers -- Demerol, Diazepam, Valium, Vicodin, Percodan -- I mean I can go on and on.

TOOBIN: That's right.

KAGAN: I mean she could have opened a pharmacy.

TOOBIN: Yes, and even more troubling, several of those prescriptions were not in her name.

KAGAN: Or she has different names, because she has a stage name and -- yes.

TOOBIN: Well, no, she has, the name was not...

KAGAN: Apparently she has several. TOOBIN: This name was not a stage name. This name was apparently a name to get prescriptions in.

KAGAN: Yes.

TOOBIN: And one of the things the prosecutors asked for is that in the future, if she uses any other false names to get drugs, that's a violation of her probation and she could go to jail for it.

KAGAN: She's got to use one name.

TOOBIN: One name.

KAGAN: All right. So that's one thing.

What else does the prosecutor want to see happen?

TOOBIN: Well, restitutions and fines totaling about $26,000, which is, you know, considering she stole $5,000...

KAGAN: Right.

TOOBIN: It's pretty hefty. I mean she gets several million dollars a picture, it won't bankrupt her. But it just shows they're trying to, you know, make it sting a little bit.

KAGAN: And what about community service?

TOOBIN: There'll be some of that. There'll probably be some negotiation about that. But she's going to, and she has to give back those terrific goods.

KAGAN: Oh, I'm sure she can't keep all that stuff.

TOOBIN: Well, now, you know, everybody has to have a favorite thing that she stole. My favorite thing was the $80 pair of socks. See, I don't think I led a very sheltered life. I didn't know you could buy a pair of socks for $80.

KAGAN: Who knew? Who knew?

TOOBIN: You know, I don't remember that kind of thing.

KAGAN: In Beverly Hills, anything is possible.

TOOBIN: Exactly.

KAGAN: And when it comes to something like community service, 60 days, who gets to say? I mean could she say, you know, working at the craft table at the movie set, that that's community service?

TOOBIN: No. I mean that's actually one of the, that's always a point of negotiation and, in fact, you remember from the O.J. Simpson case, he got community service from his domestic violence case, you know, years ago.

KAGAN: Even before, right.

TOOBIN: And he was allowed to sort of put on a fundraiser. It was, he got a very cushy deal. And I think in recent years they've kind of tightened up on that and, you know, they want to try to get people to be picking up trash by the subway, you know, real genuine punishment.

KAGAN: Right. So if you see Winona Ryder by the side of the 405 there...

TOOBIN: That's right.

KAGAN: But, finally, on a serious note, she will be a convicted felon for the rest of her life.

TOOBIN: Yes, and that's, that's the question a lot of us have about why this was pushed so far by her attorneys. I mean, you know, usually these case are resolved by misdemeanor pleas. But she got convicted. You know why? Because she was guilty and she should have maybe like forestalled this.

KAGAN: But as a former federal prosecutor, remind us, again, if you're a convicted felon, what do you lose for the rest of your life?

TOOBIN: Well, it varies by state, but often you lose the right to vote and it's, you know, it's, you know, it's bad.

KAGAN: It's not good. It could hurt you in some businesses from getting work. In the weird world of Hollywood, as I understand it, this has kind of created a buzz about Winona Ryder.

TOOBIN: It has. But I don't think it's a good thing.

KAGAN: Not a good thing.

TOOBIN: You know, all publicity is not good publicity.

KAGAN: Pay for the goods is a lesson learned.

TOOBIN: Exactly. Exactly. That's our lesson.

KAGAN: Jeffrey Toobin, thank you so much.

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