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American Morning

Victim Harassment

Aired January 15, 2004 - 09:35   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: Authorities in Maine are charging a convicted killer with harassment. Steven Shaw could get six more months in prison for sending a picture of his victim to the man's mother. Eight years ago, Devin O'Brien was shot and killed near Kennebunk, Maine. In July of 2001, a police crime scene photograph of O'Brien's body ended up in a card mailed to Debbie and Jay O'Brien, the victim's parents.
From Maine this morning, Debbie O'Brien is our guest.

Nice to have you. Good morning to you.

DEBBIE O'BRIEN, DEVIN'S MOTHER: Thank you. Good morning.

HEMMER: Take us back to that day when you went to the mailbox and received that mail. Your reaction was what?

O'BRIEN: Well, when I went to the mailbox, it was July 19th of 2001, and I opened it up, it was the day of my son's birthday, and there was a card, and the envelope was marked from the prison, so I knew there was something odd about the envelope. I did go and call the Department of Corrections, asking what I should do. They told me, to notify my local police department. The police officer came over to my home, and opened up the card in front of me. And...

HEMMER: Go ahead, Debbie.

O'BRIEN: It was the card that said, thinking of you. We opened it up. It was a picture of Devin dead in the trunk of the perpetrator's car, and it said, "p.s., happy birthday." I was devastated. It was like he killed me again. Not only by taking my son, but by sending me that type of picture.

HEMMER: Absolute sympathies to you. I know you're fighting this fight again. There's a harassment charge out there that carries a maximum of six months. You're choosing to fight again. Where do you get your strength to do that?

O'BRIEN: Yes. Well, I'll tell you the purpose of it, is that this happened over two years ago, and I was told it would be prosecuted, and of course, have you to understand, he has not been convicted of anything, and that due to a harassment notice that he had signed, he obviously had to get someone else to help him send that card and picture out of the prison, because they were watching his mail. So he did, obviously, get someone else to mail it out. It was a different name, and this name wasn't someone I knew. But I want them both prosecuted. I want justice. And just because you're sitting in a jail cell doesn't mean you can get away with another criminal act toward the family.

HEMMER: Very basic question here, an emotional one, too, Debbie, as a mother. Why is it important for you -- I know you're active in victim's rights there in the state of Maine -- why is it important for to you continue this fight?

O'BRIEN: Because I want to do everything in memory of my son and to know that, when I'm ready to leave this earth, that I've done everything possible in the memory of my son to make justice happen. My son should be walking this earth today with me and be with our family.

HEMMER: Thank you, Debbie. Thanks for sharing your story.

O'BRIEN: Thank you.

HEMMER: Debbie O'Brien there in Kennebunk, Maine.

Legal analysis now from Jeffrey Toobin back in L.A. now.

What's her recourse, Jeff?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, you know, this is a really tricky, painful subject, because prisoners can be restricted in what kind of communication they have. Their mail is often monitored. There are people they can be prohibited from contacting, and that's what this guy is being accused of, But they can't have all their First Amendment rights taken away. They are allowed to communicate with some people outside of prison.

So it's a more difficult legal issue than it seems, deciding what prisoners can -- what contact they can make and what contact they can.

HEMMER: Clearly, though, the definition of harassment is met here if they prove this, right?

TOOBIN: It seems that way, although these are tricky statutes. Their intent -- there's an issue of what was someone's intent, and also, what did they do, what did a possible accomplice do? Unfortunately, it's my job to say these issues often get more complicated than they seem.

HEMMER: Thanks, Jeff, for doing your job. Jeff Toobin there in L.A., nice to talk to you.

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 January 15, 2004 - 09:35   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Authorities in Maine are charging a convicted killer with harassment. Steven Shaw could get six more months in prison for sending a picture of his victim to the man's mother. Eight years ago, Devin O'Brien was shot and killed near Kennebunk, Maine. In July of 2001, a police crime scene photograph of O'Brien's body ended up in a card mailed to Debbie and Jay O'Brien, the victim's parents.
From Maine this morning, Debbie O'Brien is our guest.

Nice to have you. Good morning to you.

DEBBIE O'BRIEN, DEVIN'S MOTHER: Thank you. Good morning.

HEMMER: Take us back to that day when you went to the mailbox and received that mail. Your reaction was what?

O'BRIEN: Well, when I went to the mailbox, it was July 19th of 2001, and I opened it up, it was the day of my son's birthday, and there was a card, and the envelope was marked from the prison, so I knew there was something odd about the envelope. I did go and call the Department of Corrections, asking what I should do. They told me, to notify my local police department. The police officer came over to my home, and opened up the card in front of me. And...

HEMMER: Go ahead, Debbie.

O'BRIEN: It was the card that said, thinking of you. We opened it up. It was a picture of Devin dead in the trunk of the perpetrator's car, and it said, "p.s., happy birthday." I was devastated. It was like he killed me again. Not only by taking my son, but by sending me that type of picture.

HEMMER: Absolute sympathies to you. I know you're fighting this fight again. There's a harassment charge out there that carries a maximum of six months. You're choosing to fight again. Where do you get your strength to do that?

O'BRIEN: Yes. Well, I'll tell you the purpose of it, is that this happened over two years ago, and I was told it would be prosecuted, and of course, have you to understand, he has not been convicted of anything, and that due to a harassment notice that he had signed, he obviously had to get someone else to help him send that card and picture out of the prison, because they were watching his mail. So he did, obviously, get someone else to mail it out. It was a different name, and this name wasn't someone I knew. But I want them both prosecuted. I want justice. And just because you're sitting in a jail cell doesn't mean you can get away with another criminal act toward the family.

HEMMER: Very basic question here, an emotional one, too, Debbie, as a mother. Why is it important for you -- I know you're active in victim's rights there in the state of Maine -- why is it important for to you continue this fight?

O'BRIEN: Because I want to do everything in memory of my son and to know that, when I'm ready to leave this earth, that I've done everything possible in the memory of my son to make justice happen. My son should be walking this earth today with me and be with our family.

HEMMER: Thank you, Debbie. Thanks for sharing your story.

O'BRIEN: Thank you.

HEMMER: Debbie O'Brien there in Kennebunk, Maine.

Legal analysis now from Jeffrey Toobin back in L.A. now.

What's her recourse, Jeff?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, you know, this is a really tricky, painful subject, because prisoners can be restricted in what kind of communication they have. Their mail is often monitored. There are people they can be prohibited from contacting, and that's what this guy is being accused of, But they can't have all their First Amendment rights taken away. They are allowed to communicate with some people outside of prison.

So it's a more difficult legal issue than it seems, deciding what prisoners can -- what contact they can make and what contact they can.

HEMMER: Clearly, though, the definition of harassment is met here if they prove this, right?

TOOBIN: It seems that way, although these are tricky statutes. Their intent -- there's an issue of what was someone's intent, and also, what did they do, what did a possible accomplice do? Unfortunately, it's my job to say these issues often get more complicated than they seem.

HEMMER: Thanks, Jeff, for doing your job. Jeff Toobin there in L.A., nice to talk to you.

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