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American Morning

'Ask the Attorney'

Aired September 15, 2003 - 07:22   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: Jack Cafferty is off today so we have the duty and the pleasure of welcoming Jeff Toobin on the Cafferty hand over here.
SOLEDAD O'BRIEN, CNN ANCHOR: The duty? The pleasure.

HEMMER: Absolutely.

How are you, OK?

O'BRIEN: How are you?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I'm great.

HEMMER: Well, here's our idea today, just so our viewers know at home.

TOOBIN: OK.

HEMMER: There's a number of legal cases out there and we're going to pick your brain on them throughout the morning and encourage our viewers to write in if they have questions or ideas that they want you to answer.

Our first topic today, the former police chief down in Montgomery County, Charles Moose's new book is out today. It's called "Three Weeks In October: The Manhunt for A Serial Sniper."

There are questions about whether or not there is any information in this book that may interfere with the case.

TOOBIN: Remember, this was a big controversy while he was writing it, because he wanted to write this book. The Montgomery County Board, his bosses, didn't want him to write it. He wound up quitting -- he's not longer the police chief -- in order to write the book. He also promised at one point to run it by the prosecutors. The prosecutors say he went back on that, he did not run it by them.

You know, in fact, I think it's not going to make that much of a difference...

HEMMER: No?

TOOBIN: ... given the amount of publicity the sniper case got. You know, one book, a day's worth of talk show appearances I don't think is going to make a big deal but...

HEMMER: He's doing a lot of interviews, too. In fact, he'll be on AMERICAN MORNING tomorrow morning so.

TOOBIN: He'll be here tomorrow. But he, in terms of, you know, I think we in the press think we have more influence than we actually do.

HEMMER: No, really?

TOOBIN: You know, it's just, you know, I think every time I've watched jury selection in a high profile case -- and it's been a number of times -- people say, yes, you know, I sort of followed it. They're vaguely aware of what's going on, but not -- you know, the day in and day out stuff like a book, people don't really care about.

O'BRIEN: Let's talk about the Kobe Bryant case. What's new in that? And do you think it's possible that the media actually, in the end, will not be allowed to cover this case at all inside the courtroom?

TOOBIN: Well, that's what's interesting. In the preliminary hearing, which is scheduled for October 9, the judge has already ruled no cameras in the courtroom. The defense has now asked for complete privacy, no press, no public in the courtroom. I think that's unlikely to succeed.

But it's indicative of how much the defense fears finally, when we get some real evidence in this case -- remember, we don't even know what the real story is. We'll hear videotaped testimony from the victim, alleged victim. The defense does not want that distributed. I think they won't win on that. It's very hard to close a courtroom completely.

HEMMER: Finally, a case that is near and dear to your heart. This thing just won't go away.

TOOBIN: Right. We were out there together.

HEMMER: Yes, we were, many times. The Michael Skakel case and the murder of Martha Moxley, going back to 1975, some attorneys are claiming on his behalf that there is new evidence out there that may result in another trial.

TOOBIN: Well, you know, this is the unified theory of all scandals, because the person who has come forward is Kobe Bryant's cousin.

O'BRIEN: How bizarre is that?

TOOBIN: Right. And remember, the whole reason the -- one of the main reasons the Skakel case came back to life is because Mark Fuhrman, the detective in the O.J. Simpson case, wrote a book about it. So you have all the scandals converging here.

HEMMER: Right.

TOOBIN: Allegedly the evidence is that two African-American students from the Bronx confessed to Kobe Bryant's cousin that, in fact, they, not Michael Skakel, were the real murderers.

Not clear that there's anything to support this at all. But that's the claim. That's why the defense wants a new trial.

HEMMER: And why is that claim only coming out now?

TOOBIN: Well, you know, it's only been 30 years. You certainly wonder where they've been for all that time.

O'BRIEN: Exactly. Where were these people?

TOOBIN: Many questions to be asked about that.

HEMMER: Listen, Jeff, thanks.

So our viewers know, am@cnn.com. You'll be here throughout the morning...

TOOBIN: If people have any questions...

HEMMER: ... riding shotgun.

TOOBIN: About their will...

O'BRIEN: So you say any questions. I was going to say personal legal issues you want resolved.

TOOBIN: Exactly. That's right. I'll do a house closing before 10, you know?

HEMMER: (UNINTELLIGIBLE) court.

Thanks, Jeff.

TOOBIN: OK.

O'BRIEN: Excellent thing.

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 September 15, 2003 - 07:22   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Jack Cafferty is off today so we have the duty and the pleasure of welcoming Jeff Toobin on the Cafferty hand over here.
SOLEDAD O'BRIEN, CNN ANCHOR: The duty? The pleasure.

HEMMER: Absolutely.

How are you, OK?

O'BRIEN: How are you?

JEFFREY TOOBIN, CNN LEGAL ANALYST: I'm great.

HEMMER: Well, here's our idea today, just so our viewers know at home.

TOOBIN: OK.

HEMMER: There's a number of legal cases out there and we're going to pick your brain on them throughout the morning and encourage our viewers to write in if they have questions or ideas that they want you to answer.

Our first topic today, the former police chief down in Montgomery County, Charles Moose's new book is out today. It's called "Three Weeks In October: The Manhunt for A Serial Sniper."

There are questions about whether or not there is any information in this book that may interfere with the case.

TOOBIN: Remember, this was a big controversy while he was writing it, because he wanted to write this book. The Montgomery County Board, his bosses, didn't want him to write it. He wound up quitting -- he's not longer the police chief -- in order to write the book. He also promised at one point to run it by the prosecutors. The prosecutors say he went back on that, he did not run it by them.

You know, in fact, I think it's not going to make that much of a difference...

HEMMER: No?

TOOBIN: ... given the amount of publicity the sniper case got. You know, one book, a day's worth of talk show appearances I don't think is going to make a big deal but...

HEMMER: He's doing a lot of interviews, too. In fact, he'll be on AMERICAN MORNING tomorrow morning so.

TOOBIN: He'll be here tomorrow. But he, in terms of, you know, I think we in the press think we have more influence than we actually do.

HEMMER: No, really?

TOOBIN: You know, it's just, you know, I think every time I've watched jury selection in a high profile case -- and it's been a number of times -- people say, yes, you know, I sort of followed it. They're vaguely aware of what's going on, but not -- you know, the day in and day out stuff like a book, people don't really care about.

O'BRIEN: Let's talk about the Kobe Bryant case. What's new in that? And do you think it's possible that the media actually, in the end, will not be allowed to cover this case at all inside the courtroom?

TOOBIN: Well, that's what's interesting. In the preliminary hearing, which is scheduled for October 9, the judge has already ruled no cameras in the courtroom. The defense has now asked for complete privacy, no press, no public in the courtroom. I think that's unlikely to succeed.

But it's indicative of how much the defense fears finally, when we get some real evidence in this case -- remember, we don't even know what the real story is. We'll hear videotaped testimony from the victim, alleged victim. The defense does not want that distributed. I think they won't win on that. It's very hard to close a courtroom completely.

HEMMER: Finally, a case that is near and dear to your heart. This thing just won't go away.

TOOBIN: Right. We were out there together.

HEMMER: Yes, we were, many times. The Michael Skakel case and the murder of Martha Moxley, going back to 1975, some attorneys are claiming on his behalf that there is new evidence out there that may result in another trial.

TOOBIN: Well, you know, this is the unified theory of all scandals, because the person who has come forward is Kobe Bryant's cousin.

O'BRIEN: How bizarre is that?

TOOBIN: Right. And remember, the whole reason the -- one of the main reasons the Skakel case came back to life is because Mark Fuhrman, the detective in the O.J. Simpson case, wrote a book about it. So you have all the scandals converging here.

HEMMER: Right.

TOOBIN: Allegedly the evidence is that two African-American students from the Bronx confessed to Kobe Bryant's cousin that, in fact, they, not Michael Skakel, were the real murderers.

Not clear that there's anything to support this at all. But that's the claim. That's why the defense wants a new trial.

HEMMER: And why is that claim only coming out now?

TOOBIN: Well, you know, it's only been 30 years. You certainly wonder where they've been for all that time.

O'BRIEN: Exactly. Where were these people?

TOOBIN: Many questions to be asked about that.

HEMMER: Listen, Jeff, thanks.

So our viewers know, am@cnn.com. You'll be here throughout the morning...

TOOBIN: If people have any questions...

HEMMER: ... riding shotgun.

TOOBIN: About their will...

O'BRIEN: So you say any questions. I was going to say personal legal issues you want resolved.

TOOBIN: Exactly. That's right. I'll do a house closing before 10, you know?

HEMMER: (UNINTELLIGIBLE) court.

Thanks, Jeff.

TOOBIN: OK.

O'BRIEN: Excellent thing.

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