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American Morning
Case Against Woman Who Hit Homeless Man with Car, Left Him to Die
Aired June 26, 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.
MILES O'BRIEN, CNN CORRESPONDENT: Let's go to Fort Worth, Texas now and the case against a woman who hit a homeless man with her car and left him to die tangled in the smashed windshield of her car. Chante Mallard, charged with murder, and she could get life in prison if she is convicted. Yesterday, the victim's son told the jury about his father, who had fallen on hard times.
(BEGIN VIDEO CLIP)
BRANDON BIGGS, VICTIM'S SON: He was very hard working. He was very friendly, although he didn't have many friends, he was very friendly. And he was very, very loving.
(END VIDEO CLIP)
O'BRIEN: Joining us now from Houston to discuss the case, criminal defense attorney George Parnham.
Mr. Parnham, good to have you with us.
GEORGE PARNHAM, CRIMINAL DEFENSE ATTORNEY: Thank you very much.
Good to be here.
O'BRIEN: All right, has the prosecution made its case?
PARNHAM: Well, it appears that they've made the elements, put enough evidence together to establish a prima facie case for the offense of murder in the State of Texas.
O'BRIEN: All right, let's talk about what the defense has tried to say here. First of all, they've said that Chante Mallard was under the influence of drugs. Is that a defense?
PARNHAM: No, it's not a defense. But I think in this particular situation, you have to realize that every issue that possibly could be mitigating in the punishment phase needs to be established by the defense in order to do their job. And that's basically what they're doing. They're...
O'BRIEN: So they're laying the groundwork for reducing her sentence, then, when they bring things like this up.
Now, the other thing that comes out here is this issue of her panicking in the wake of all of this. And we can all possibly relate to that kind of situation and how we might panic. I guess the question I have is what's the shelf life on panic when somebody is attached to your windshield in your garage for many hours, panic becomes something else after a while, doesn't it?
PARNHAM: There's no question that you reach a point of no return and obviously whatever is going on in the mind of this woman she reached that point. And, again, I would simply suggest -- and I'm not going to grade the papers of the lawyers. They're doing a very fine job. But I am certain that they are establishing sufficient evidence to go to a jury during the punishment phase of this case and do the very best that they can for their client.
O'BRIEN: Now, I guess one of the more poignant moments here has been this point that, first of all, Mr. Biggs bled to death and if he had received some medical attention, would very likely have survived. And on top of that, Chante Mallard is a nurse's aide, who had some training in first aid.
PARNHAM: I understand. There's no question but that the initial contact, that is, when the car hit the mentally ill victim in this case, it was an accident. But the actions thereafter, the prosecution will harp all over those during their summation and during punishment to establish an intent, a premeditation to doing an act clearly dangerous to human life, letting him lay there and bleed. And that's going to be an uphill battle for any defense lawyer.
O'BRIEN: What do you think, trying to get inside the minds of the jury -- and I know that can be hazardous for a defense attorney to do -- what do you think, what testimony has stood out?
PARNHAM: Well, the very testimony that you talked about, the imager of a person being impaled in a windshield, I am certain, will continue to be hammered home by the prosecution. That is what is going to be predominant. And these lawyers have made a decision, and I think rightfully so, not to subject their client to the harshness of the prosecution by putting her on during guilt or innocence. I think they're ready to go, to turn another page in this chapter and to put together a, hopefully, a defense for her that will shed some light in the minds of the jury as to what's going on in the woman's mind.
O'BRIEN: And in a word, short or long deliberation, do you think?
PARNHAM: I think in guilt or innocence, probably a short deliberation. I think when we, if, in fact, they get to the punishment phase, and, again, not second guessing, it might take some time.
O'BRIEN: George Parnham, thanks very much.
PARNHAM: You bet.
O'BRIEN: Appreciate your time.
PARNHAM: Glad to be here.
Thank you very 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
to Die>
Aired June 26, 2003 - 07:31 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN CORRESPONDENT: Let's go to Fort Worth, Texas now and the case against a woman who hit a homeless man with her car and left him to die tangled in the smashed windshield of her car. Chante Mallard, charged with murder, and she could get life in prison if she is convicted. Yesterday, the victim's son told the jury about his father, who had fallen on hard times.
(BEGIN VIDEO CLIP)
BRANDON BIGGS, VICTIM'S SON: He was very hard working. He was very friendly, although he didn't have many friends, he was very friendly. And he was very, very loving.
(END VIDEO CLIP)
O'BRIEN: Joining us now from Houston to discuss the case, criminal defense attorney George Parnham.
Mr. Parnham, good to have you with us.
GEORGE PARNHAM, CRIMINAL DEFENSE ATTORNEY: Thank you very much.
Good to be here.
O'BRIEN: All right, has the prosecution made its case?
PARNHAM: Well, it appears that they've made the elements, put enough evidence together to establish a prima facie case for the offense of murder in the State of Texas.
O'BRIEN: All right, let's talk about what the defense has tried to say here. First of all, they've said that Chante Mallard was under the influence of drugs. Is that a defense?
PARNHAM: No, it's not a defense. But I think in this particular situation, you have to realize that every issue that possibly could be mitigating in the punishment phase needs to be established by the defense in order to do their job. And that's basically what they're doing. They're...
O'BRIEN: So they're laying the groundwork for reducing her sentence, then, when they bring things like this up.
Now, the other thing that comes out here is this issue of her panicking in the wake of all of this. And we can all possibly relate to that kind of situation and how we might panic. I guess the question I have is what's the shelf life on panic when somebody is attached to your windshield in your garage for many hours, panic becomes something else after a while, doesn't it?
PARNHAM: There's no question that you reach a point of no return and obviously whatever is going on in the mind of this woman she reached that point. And, again, I would simply suggest -- and I'm not going to grade the papers of the lawyers. They're doing a very fine job. But I am certain that they are establishing sufficient evidence to go to a jury during the punishment phase of this case and do the very best that they can for their client.
O'BRIEN: Now, I guess one of the more poignant moments here has been this point that, first of all, Mr. Biggs bled to death and if he had received some medical attention, would very likely have survived. And on top of that, Chante Mallard is a nurse's aide, who had some training in first aid.
PARNHAM: I understand. There's no question but that the initial contact, that is, when the car hit the mentally ill victim in this case, it was an accident. But the actions thereafter, the prosecution will harp all over those during their summation and during punishment to establish an intent, a premeditation to doing an act clearly dangerous to human life, letting him lay there and bleed. And that's going to be an uphill battle for any defense lawyer.
O'BRIEN: What do you think, trying to get inside the minds of the jury -- and I know that can be hazardous for a defense attorney to do -- what do you think, what testimony has stood out?
PARNHAM: Well, the very testimony that you talked about, the imager of a person being impaled in a windshield, I am certain, will continue to be hammered home by the prosecution. That is what is going to be predominant. And these lawyers have made a decision, and I think rightfully so, not to subject their client to the harshness of the prosecution by putting her on during guilt or innocence. I think they're ready to go, to turn another page in this chapter and to put together a, hopefully, a defense for her that will shed some light in the minds of the jury as to what's going on in the woman's mind.
O'BRIEN: And in a word, short or long deliberation, do you think?
PARNHAM: I think in guilt or innocence, probably a short deliberation. I think when we, if, in fact, they get to the punishment phase, and, again, not second guessing, it might take some time.
O'BRIEN: George Parnham, thanks very much.
PARNHAM: You bet.
O'BRIEN: Appreciate your time.
PARNHAM: Glad to be here.
Thank you very 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
to Die>
