Return to Transcripts main page

American Morning

Testimony Resumes in Windshield Death Case

Aired June 25, 2003 - 07:31   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.


BILL HEMMER, CNN ANCHOR: The prosecution and defense agree Chante Mallard was under the influence of drugs and alcohol when she struck a homeless man with her car then drove home while he was still lodged in her windshield. Testimony in that murder trial resumes again today in Fort Worth, Texas.
Ed Lavandera is with us now to bring us up-to-date.

Where are we headed now -- Ed? Good morning.

ED LAVANDERA, CNN CORRESPONDENT: Well, Bill, what we heard from yesterday was from Chante Mallard's boyfriend, who is Clete Jackson. He is spending -- serving 10 years in prison for tampering with evidence. He pleaded guilty in exchange for his testimony against Chante Mallard in this case, and that's what brought him to the courtroom yesterday. One of these days of testimony, several hours, there was so much that he said.

He essentially walked the jury through the moments when Chante Mallard called him, asking for help, after Chante Mallard had driven into 37-year-old Greg Biggs in October of 2001, walking the jury through what happened that night, saying that Chante Mallard was extremely emotional, crying hysterical at several points, that she didn't quite know what to do.

And we can pick up some of the testimony that we heard yesterday describing how, as he arrived at the house he had no idea, even as Chante Mallard was walking him into the garage, that he still had no idea what he was about to find.

(BEGIN VIDEO CLIP)

CLETE JACKSON, FRIEND OF DEFENDANT: So, I went and looked and opened up the car door, and at the same time I opened up the car door, she was like, "I hit somebody and he's still in the car."

UNIDENTIFIED MALE: So, she is saying that just as you're opening the door.

JACKSON: Right.

UNIDENTIFIED MALE: And what did you see in the car?

JACKSON: The dude.

(END VIDEO CLIP) LAVANDERA: Now, a lot of what this boils down to is whether or not this jury will believe whether what Chante Mallard did was an accident or, as the prosecution suggested, it was murder. And a lot of that perhaps might boil down to her actions after, in the hours after driving into Greg Biggs.

And Clete Jackson talked about how Chante Mallard and a friend wanted to have burned one of the seats in the cars to destroy evidence. They said they wanted to hide evidence as much as possible. It was Clete Jackson and a cousin that decided that it was best to just wrap the body up in a blanket and leave it in a park so that his family could find the body. That's what Clete Jackson said in testimony yesterday.

So, Chante Mallard is still facing a possible life term in sentence -- a life term in prison if she is convicted in this case. And perhaps what Clete Jackson said yesterday might have a lot of influence on how this jury might weigh in several days from now -- Bill.

HEMMER: And since this disturbing testimony, Ed, what is the reaction from jurors? Have you been able to gauge that?

LAVANDERA: Well, you know, yesterday one of the things that also happened was they brought out essentially all of the different pieces from the car and showed how blood had splattered all over the inside of the car, and also the crime scene photos of the body being left in the park, of what that looked like. That's been definitely the hardest thing for this jury to handle so far.

HEMMER: Ed Lavandera, thanks, in Fort Worth.

For a legal perspective now on the case, we turn to criminal defense attorney Jayne Weintraub, back with us here on AMERICAN MORNING live in Miami.

Great to have you back, Jayne.

JAYNE WEINTRAUB: Thank you.

HEMMER: What do you make right now for the case for the defense in this disturbing testimony again that we have seen for two days running and possibly a third today?

WEINTRAUB: Well, I think from the defense standpoint, the most important thing for them is to emphasize her ability to be remorseful, her panic, her fear. She was terrified. This is a woman who didn't set out to kill this man. This was a tragedy in the truest sense. I think, Bill, that she made a very good move by accepting responsibility before the trial began and pleading guilty to the tampering with evidence. Everything that happened afterwards has nothing to do with her intent before the hit.

HEMMER: What if you play...

WEINTRAUB: The hit was a true accident. HEMMER: Yes, what if you play into the whole role that she is a nurse's aide. I believe she has a brother who is a firefighter. You throw in the alcohol, you throw in the marijuana and the ecstasy, put that all together, and you get what?

WEINTRAUB: And you get voluntary intoxication really deflates the ability of the human mind to form a specific intent, to act correctly, to act right in your mind. She wasn't acting right in her mind on ecstasy and marijuana and these other drugs and alcohol. she didn't have a right mind. She was panicked and all these other drugs and alcohol. She just didn't have a right mind. She was panicked and she was in fear.

A nurse's aide, Bill, I'm sorry, but I disagree. I don't hold the nurse's aide up to a medical standard, nor do I hold the firefighter saying, oh, he could have saved the her life -- he could have saved the man's life up to any medical standard. That's not a medical doctor reviewing a trauma victim.

And so, we really don't know, but that's not the issue. The issue is: Did she intend to murder him, to kill him? Did she want him to die? The answer clearly is no. This is not a case of murder. It's a case of an accident, a true tragedy. It should have been a manslaughter.

HEMMER: Listen to Clete Jackson again, and we heard some of it in Ed's report. Here is more of his testimony from yesterday about trying to get rid of the body essentially from her home.

(BEGIN VIDEO CLIP)

JACKSON: I, like, apologized, sort of.

UNIDENTIFIED MALE: Who were you apologizing to?

JACKSON: Mr. Biggs.

UNIDENTIFIED MALE: You say Mr. Biggs?

JACKSON: Yes.

UNIDENTIFIED MALE: Did you know his name at that point?

JACKSON: Yes.

UNIDENTIFIED MALE: How did you know his name?

JACKSON: I looked at his wallet.

(END VIDEO CLIP)

HEMMER: OK, listen to this. I don't know how much longer it could go, but do you put Chante Mallard on the stand?

WEINTRAUB: I really don't know. You know, based on her demeanor, the way that I've seen her so far in court, she appears to be remorseful and honest. If she keeps that up, perhaps. I don't think it's necessary. I'm always afraid of how a prosecutor is going to twist the words of a client of mine. So, I'm very, very guarded about how often I put a client up on the witness stand.

HEMMER: Yes, so, Jayne, you...

WEINTRAUB: In this case, I don't think it could hurt.

HEMMER: Yes, you believe the state overcharged in this case, is that what you're saying?

WEINTRAUB: It's exactly what I'm saying. I think...

HEMMER: And is there any way to change that at this point if you were a defense attorney trying to argue that? You go in which direction then?

WEINTRAUB: Well, I think that a defense attorney who is going to try and risk losing his credibility, but try and maintain his credibility with the jury, will tell the truth to a jury and say that, in his opinion, it's a lesser included offense, Bill. In other words, the jurors will have a choice at the end of the trial of finding her guilty of murder, first-degree, second-degree, or manslaughter or not guilty. But they will have the opportunity to review lesser charges, and I think that the lawyer could literally plead to the jury for the lesser charge of manslaughter.

HEMMER: Jayne Weintraub, come on back again, OK? A very interesting case in Texas.

WEINTRAUB: Thanks, Bill.

HEMMER: You got it.

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 June 25, 2003 - 07:31   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The prosecution and defense agree Chante Mallard was under the influence of drugs and alcohol when she struck a homeless man with her car then drove home while he was still lodged in her windshield. Testimony in that murder trial resumes again today in Fort Worth, Texas.
Ed Lavandera is with us now to bring us up-to-date.

Where are we headed now -- Ed? Good morning.

ED LAVANDERA, CNN CORRESPONDENT: Well, Bill, what we heard from yesterday was from Chante Mallard's boyfriend, who is Clete Jackson. He is spending -- serving 10 years in prison for tampering with evidence. He pleaded guilty in exchange for his testimony against Chante Mallard in this case, and that's what brought him to the courtroom yesterday. One of these days of testimony, several hours, there was so much that he said.

He essentially walked the jury through the moments when Chante Mallard called him, asking for help, after Chante Mallard had driven into 37-year-old Greg Biggs in October of 2001, walking the jury through what happened that night, saying that Chante Mallard was extremely emotional, crying hysterical at several points, that she didn't quite know what to do.

And we can pick up some of the testimony that we heard yesterday describing how, as he arrived at the house he had no idea, even as Chante Mallard was walking him into the garage, that he still had no idea what he was about to find.

(BEGIN VIDEO CLIP)

CLETE JACKSON, FRIEND OF DEFENDANT: So, I went and looked and opened up the car door, and at the same time I opened up the car door, she was like, "I hit somebody and he's still in the car."

UNIDENTIFIED MALE: So, she is saying that just as you're opening the door.

JACKSON: Right.

UNIDENTIFIED MALE: And what did you see in the car?

JACKSON: The dude.

(END VIDEO CLIP) LAVANDERA: Now, a lot of what this boils down to is whether or not this jury will believe whether what Chante Mallard did was an accident or, as the prosecution suggested, it was murder. And a lot of that perhaps might boil down to her actions after, in the hours after driving into Greg Biggs.

And Clete Jackson talked about how Chante Mallard and a friend wanted to have burned one of the seats in the cars to destroy evidence. They said they wanted to hide evidence as much as possible. It was Clete Jackson and a cousin that decided that it was best to just wrap the body up in a blanket and leave it in a park so that his family could find the body. That's what Clete Jackson said in testimony yesterday.

So, Chante Mallard is still facing a possible life term in sentence -- a life term in prison if she is convicted in this case. And perhaps what Clete Jackson said yesterday might have a lot of influence on how this jury might weigh in several days from now -- Bill.

HEMMER: And since this disturbing testimony, Ed, what is the reaction from jurors? Have you been able to gauge that?

LAVANDERA: Well, you know, yesterday one of the things that also happened was they brought out essentially all of the different pieces from the car and showed how blood had splattered all over the inside of the car, and also the crime scene photos of the body being left in the park, of what that looked like. That's been definitely the hardest thing for this jury to handle so far.

HEMMER: Ed Lavandera, thanks, in Fort Worth.

For a legal perspective now on the case, we turn to criminal defense attorney Jayne Weintraub, back with us here on AMERICAN MORNING live in Miami.

Great to have you back, Jayne.

JAYNE WEINTRAUB: Thank you.

HEMMER: What do you make right now for the case for the defense in this disturbing testimony again that we have seen for two days running and possibly a third today?

WEINTRAUB: Well, I think from the defense standpoint, the most important thing for them is to emphasize her ability to be remorseful, her panic, her fear. She was terrified. This is a woman who didn't set out to kill this man. This was a tragedy in the truest sense. I think, Bill, that she made a very good move by accepting responsibility before the trial began and pleading guilty to the tampering with evidence. Everything that happened afterwards has nothing to do with her intent before the hit.

HEMMER: What if you play...

WEINTRAUB: The hit was a true accident. HEMMER: Yes, what if you play into the whole role that she is a nurse's aide. I believe she has a brother who is a firefighter. You throw in the alcohol, you throw in the marijuana and the ecstasy, put that all together, and you get what?

WEINTRAUB: And you get voluntary intoxication really deflates the ability of the human mind to form a specific intent, to act correctly, to act right in your mind. She wasn't acting right in her mind on ecstasy and marijuana and these other drugs and alcohol. she didn't have a right mind. She was panicked and all these other drugs and alcohol. She just didn't have a right mind. She was panicked and she was in fear.

A nurse's aide, Bill, I'm sorry, but I disagree. I don't hold the nurse's aide up to a medical standard, nor do I hold the firefighter saying, oh, he could have saved the her life -- he could have saved the man's life up to any medical standard. That's not a medical doctor reviewing a trauma victim.

And so, we really don't know, but that's not the issue. The issue is: Did she intend to murder him, to kill him? Did she want him to die? The answer clearly is no. This is not a case of murder. It's a case of an accident, a true tragedy. It should have been a manslaughter.

HEMMER: Listen to Clete Jackson again, and we heard some of it in Ed's report. Here is more of his testimony from yesterday about trying to get rid of the body essentially from her home.

(BEGIN VIDEO CLIP)

JACKSON: I, like, apologized, sort of.

UNIDENTIFIED MALE: Who were you apologizing to?

JACKSON: Mr. Biggs.

UNIDENTIFIED MALE: You say Mr. Biggs?

JACKSON: Yes.

UNIDENTIFIED MALE: Did you know his name at that point?

JACKSON: Yes.

UNIDENTIFIED MALE: How did you know his name?

JACKSON: I looked at his wallet.

(END VIDEO CLIP)

HEMMER: OK, listen to this. I don't know how much longer it could go, but do you put Chante Mallard on the stand?

WEINTRAUB: I really don't know. You know, based on her demeanor, the way that I've seen her so far in court, she appears to be remorseful and honest. If she keeps that up, perhaps. I don't think it's necessary. I'm always afraid of how a prosecutor is going to twist the words of a client of mine. So, I'm very, very guarded about how often I put a client up on the witness stand.

HEMMER: Yes, so, Jayne, you...

WEINTRAUB: In this case, I don't think it could hurt.

HEMMER: Yes, you believe the state overcharged in this case, is that what you're saying?

WEINTRAUB: It's exactly what I'm saying. I think...

HEMMER: And is there any way to change that at this point if you were a defense attorney trying to argue that? You go in which direction then?

WEINTRAUB: Well, I think that a defense attorney who is going to try and risk losing his credibility, but try and maintain his credibility with the jury, will tell the truth to a jury and say that, in his opinion, it's a lesser included offense, Bill. In other words, the jurors will have a choice at the end of the trial of finding her guilty of murder, first-degree, second-degree, or manslaughter or not guilty. But they will have the opportunity to review lesser charges, and I think that the lawyer could literally plead to the jury for the lesser charge of manslaughter.

HEMMER: Jayne Weintraub, come on back again, OK? A very interesting case in Texas.

WEINTRAUB: Thanks, Bill.

HEMMER: You got it.

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