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American Morning
Interview With Jayne Weintraub
Aired August 14, 2003 - 09:18 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 closing of a preliminary hearing, very rare in California. Criminal defense attorney Jayne Weintraub has been watching the case closely, back with us live in Miami. Good to see you, Jayne, and good morning.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill. How are you?
HEMMER: I'm doing fine, thank you. Basic law here, what happens? What's revealed during a preliminary hearing?
WEINTRAUB: In a preliminary hearing the state is going to put on evidence to show just a little bit of probable cause that he committed to bind him over for the trial. In other words, more probable than not that he did do it, enough evidence to just barely get through. That's all they need to show.
HEMMER: OK, you say enough evidence, barely enough evidence.
WEINTRAUB: Enough evidence, they'll use hearsay evidence. I'm sorry, Bill?
HEMMER: I just want to now if there's a better way to define how much evidence could be revealed on September 9. I'm trying to get to the point that Mark Geragos eventually is going to when he argues this today.
WEINTRAUB: He'll be -- Mark will be able to cross examine witnesses that are brought on to explain what they saw. And basically, I think they're going to have to put on what their theory of the case is, the prosecution.
And the reason I say that is because of all of the notoriety and because of the fact we don't have a cause of death. I think that the state's going to have to step up to the plate in this case and put forth their theory of the case. And Mark Geragos will be able to cross examine those witnesses.
HEMMER: That is very interesting.
A few theories floating out there, Jayne, I'm certain you heard them. Mark Geragos' motivation might be going to the theory that the real killers are still out there. They may be tipped off as to certain evidence.
There's another theory that says he's trying to tell potential jurors that he's got something really good and he's going to keep it private until the trial gets underway. Do you buy either one of those scenarios?
WEINTRAUB: Well I think that's very good lawyering. I think that Mark is just trying to cast some kind of doubt for his client. And basically, I think Mark Geragos has a tremendous job to try and level the playing field. I mean, this trial has taken on all sort of proportions that are just beyond belief.
HEMMER: Boy, that he has. What do you think the judge does, by the way, on this...
WEINTRAUB: I think that the judge is going to allow the cameras in the courtroom, although personally I don't like cameras in the courtroom, and I'm in the middle of a proceeding right now with cameras in the courtroom. It just makes more of a circus of the proceedings. I think it detracts from the dignity of the process.
I think the judge is going to allow the cameras in the courtroom, though, as is the practice in California. And I do not think that they will prohibit the media or access as Mark has asked for all together. I think that's a star chamber (ph) that he's asking for.
HEMMER: You made two very interesting points there in your own case right now. You talked about the dignity and law. Put that to side for a second. How does it change the behavior of attorneys? How does it change the behavior of a judge or even witnesses when cameras are around?
WEINTRAUB: It -- it changes everybody. I mean I've been involved in cases and I am right now where even when you're walking around, until you're actually involved in the literal cross- examination of the witness or showing of the exhibit where you get, as the lawyer, you're totally caught up in what you're doing so that you don't look at the cameras, all those other instances, we all know the cameras there are. How about the when judges have the spouses there?
I mean things come up in these cases that just shouldn't be. And I think it always takes away from the dignity and the integrity of the process. That's why in federal court they don't let cameras anywhere in the country in a courtroom.
HEMMER: Good to see you as always, Jayne. Thanks. Jayne Weintraub in Miami.
WEINTRAUB: Thanks, Bill.
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 August 14, 2003 - 09:18 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The closing of a preliminary hearing, very rare in California. Criminal defense attorney Jayne Weintraub has been watching the case closely, back with us live in Miami. Good to see you, Jayne, and good morning.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning, Bill. How are you?
HEMMER: I'm doing fine, thank you. Basic law here, what happens? What's revealed during a preliminary hearing?
WEINTRAUB: In a preliminary hearing the state is going to put on evidence to show just a little bit of probable cause that he committed to bind him over for the trial. In other words, more probable than not that he did do it, enough evidence to just barely get through. That's all they need to show.
HEMMER: OK, you say enough evidence, barely enough evidence.
WEINTRAUB: Enough evidence, they'll use hearsay evidence. I'm sorry, Bill?
HEMMER: I just want to now if there's a better way to define how much evidence could be revealed on September 9. I'm trying to get to the point that Mark Geragos eventually is going to when he argues this today.
WEINTRAUB: He'll be -- Mark will be able to cross examine witnesses that are brought on to explain what they saw. And basically, I think they're going to have to put on what their theory of the case is, the prosecution.
And the reason I say that is because of all of the notoriety and because of the fact we don't have a cause of death. I think that the state's going to have to step up to the plate in this case and put forth their theory of the case. And Mark Geragos will be able to cross examine those witnesses.
HEMMER: That is very interesting.
A few theories floating out there, Jayne, I'm certain you heard them. Mark Geragos' motivation might be going to the theory that the real killers are still out there. They may be tipped off as to certain evidence.
There's another theory that says he's trying to tell potential jurors that he's got something really good and he's going to keep it private until the trial gets underway. Do you buy either one of those scenarios?
WEINTRAUB: Well I think that's very good lawyering. I think that Mark is just trying to cast some kind of doubt for his client. And basically, I think Mark Geragos has a tremendous job to try and level the playing field. I mean, this trial has taken on all sort of proportions that are just beyond belief.
HEMMER: Boy, that he has. What do you think the judge does, by the way, on this...
WEINTRAUB: I think that the judge is going to allow the cameras in the courtroom, although personally I don't like cameras in the courtroom, and I'm in the middle of a proceeding right now with cameras in the courtroom. It just makes more of a circus of the proceedings. I think it detracts from the dignity of the process.
I think the judge is going to allow the cameras in the courtroom, though, as is the practice in California. And I do not think that they will prohibit the media or access as Mark has asked for all together. I think that's a star chamber (ph) that he's asking for.
HEMMER: You made two very interesting points there in your own case right now. You talked about the dignity and law. Put that to side for a second. How does it change the behavior of attorneys? How does it change the behavior of a judge or even witnesses when cameras are around?
WEINTRAUB: It -- it changes everybody. I mean I've been involved in cases and I am right now where even when you're walking around, until you're actually involved in the literal cross- examination of the witness or showing of the exhibit where you get, as the lawyer, you're totally caught up in what you're doing so that you don't look at the cameras, all those other instances, we all know the cameras there are. How about the when judges have the spouses there?
I mean things come up in these cases that just shouldn't be. And I think it always takes away from the dignity and the integrity of the process. That's why in federal court they don't let cameras anywhere in the country in a courtroom.
HEMMER: Good to see you as always, Jayne. Thanks. Jayne Weintraub in Miami.
WEINTRAUB: Thanks, Bill.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
