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American Morning

Interview With Marcus Dixon

Aired January 22, 2004 - 09:38   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: Attorneys for Marcus Dixon say it's cruel and unusual to keep him behind bars for a period of ten years. Dixon is 19 years old, a top student, high school football star, convicted about a year ago of aggravated child molestation.
Yesterday his lawyers argued before the state supreme court in Georgia that Dixon's sentence is too severe and they argue it was based on part because of his race. He's black, the victim was white.

I spoke with Marcus Dixon yesterday by telephone inside the (UNINTELLIGIBLE) correctional facility in (UNINTELLIGIBLE) Georgia and also his attorney David Balster from Atlanta. First from Marcus on how he's continuing his fight from behind bars.

(BEGIN VIDEOTAPE)

MARCUS DIXON, CONVICTED OF CHILD MOLESTATION: One thing about it. I feel like I just lost everything. Everything was taken away from me in a split second.

HEMMER: What happened that day, Marcus?

DIXON: That day I met up with the girl outside a parking lot and that's when we made plans to meet up in the trailer. And I went to the trailer, met her and that's where we had sex.

HEMMER: Was it consensual?

DIXON: It was consensual sex, yes, sir.

HEMMER: OK, prosecutors alleged rape for awhile. Was that ever a factor?

DIXON: That was never a factor. She was never forced.

HEMMER: Did you have a relationship prior to that point? How well did you know each other?

DIXON: We was just friends. We talked every day in class. We'd see each other in the mall way. Hey, how you doing?

HEMMER: Prosecutors allege that you have a record. I think at one point you were called a sexual deviant. How do you respond to that?

DIXON: I told them I'm not no female (ph) sexual predator. That's not me. I don't have any problems with women. I respect women a lot.

HEMMER: When you think about that day, have you sorted it through your mind? Do you consider it a mistake?

DIXON: I consider it a mistake for both of us. You know, what we did was a sin before God. We had sex before we were married. And you know, we were wrong for having sex on the school property.

But as far as having sex and being locked up for ten years, no possible way. I never thought (UNINTELLIGIBLE) that I would be locked up for ten years.

HEMMER: There's an allegation of race involved in here. Why do you allege that?

DIXON: I think the race issue was involved a little bit, just trying to make an example out of me, as far as being black athlete having sex with a white female.

HEMMER: Marcus, hang on one second there in prison. I want to bring in your attorney here David B. There was an allegation of race in this case. Is that based on opinion or fact?

DAVID BALSTER, DIXON'S ATTORNEY: Well, I mean, there was testimony at trial that the young woman's father was a (UNINTELLIGIBLE) racist and that she made up the story about that this conduct being rape because she was afraid that her father would find out that she willingly had sex with a black boy. Her words.

HEMMER: Just to be fair, it's one thing for her father to be a racist, another thing to find this man guilty because he's a young black teenager.

BALSTER: No. We're not suggesting that the jury found Marcus guilty because he's black and she was white. No one's argued that. No one contends that.

What we contend is that, I believe that had this young woman been African-American and not white, that this never would have seen the light of day. This wouldn't have been -- Marcus wouldn't have been accused of rape and he wouldn't have been charged with rape. He wouldn't find himself in the position he's in right now.

HEMMER: You were in court today arguing before the Georgia supreme court trying to appeal this. Your argument today was what, David?

BALSTER: We made three basic arguments. First, there's a very specific statute that deals with the conduct at issue here, which is teenage sex. And the Georgia general assembly has said that when two teenagers than three years apart, that is a misdemeanor. And, therefore, the same conduct can't be the basis of an aggravated child molestation charge.

(CROSSTALK)

HEMMER: ... miscarriage of justice?

BALSTER: It is a miscarriage of justice. Who believes that consensual sex between an 18-year-old and 15 1/2-year-old should result in a ten-year prison sentence?

HEMMER: What has been the jury reaction once this sentence was handed down?

BALSTER: The jurors have come forward, many have, and said this is not what we intended. We did not believe and understand that Marcus Dixon was going to be going to prison. We thought he was going home. And number of the jurors have said they cannot live with themselves with the result that has occurred here.

(END VIDEOTAPE)

HEMMER: Again from yesterday afternoon, those interviews conducted. The Georgia state supreme court now expected to rule on the case possibly in the spring. We invited the prosecution to talk with us today. They declined that request. The D.A. has said that race is not a factor in that case.

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 22, 2004 - 09:38   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Attorneys for Marcus Dixon say it's cruel and unusual to keep him behind bars for a period of ten years. Dixon is 19 years old, a top student, high school football star, convicted about a year ago of aggravated child molestation.
Yesterday his lawyers argued before the state supreme court in Georgia that Dixon's sentence is too severe and they argue it was based on part because of his race. He's black, the victim was white.

I spoke with Marcus Dixon yesterday by telephone inside the (UNINTELLIGIBLE) correctional facility in (UNINTELLIGIBLE) Georgia and also his attorney David Balster from Atlanta. First from Marcus on how he's continuing his fight from behind bars.

(BEGIN VIDEOTAPE)

MARCUS DIXON, CONVICTED OF CHILD MOLESTATION: One thing about it. I feel like I just lost everything. Everything was taken away from me in a split second.

HEMMER: What happened that day, Marcus?

DIXON: That day I met up with the girl outside a parking lot and that's when we made plans to meet up in the trailer. And I went to the trailer, met her and that's where we had sex.

HEMMER: Was it consensual?

DIXON: It was consensual sex, yes, sir.

HEMMER: OK, prosecutors alleged rape for awhile. Was that ever a factor?

DIXON: That was never a factor. She was never forced.

HEMMER: Did you have a relationship prior to that point? How well did you know each other?

DIXON: We was just friends. We talked every day in class. We'd see each other in the mall way. Hey, how you doing?

HEMMER: Prosecutors allege that you have a record. I think at one point you were called a sexual deviant. How do you respond to that?

DIXON: I told them I'm not no female (ph) sexual predator. That's not me. I don't have any problems with women. I respect women a lot.

HEMMER: When you think about that day, have you sorted it through your mind? Do you consider it a mistake?

DIXON: I consider it a mistake for both of us. You know, what we did was a sin before God. We had sex before we were married. And you know, we were wrong for having sex on the school property.

But as far as having sex and being locked up for ten years, no possible way. I never thought (UNINTELLIGIBLE) that I would be locked up for ten years.

HEMMER: There's an allegation of race involved in here. Why do you allege that?

DIXON: I think the race issue was involved a little bit, just trying to make an example out of me, as far as being black athlete having sex with a white female.

HEMMER: Marcus, hang on one second there in prison. I want to bring in your attorney here David B. There was an allegation of race in this case. Is that based on opinion or fact?

DAVID BALSTER, DIXON'S ATTORNEY: Well, I mean, there was testimony at trial that the young woman's father was a (UNINTELLIGIBLE) racist and that she made up the story about that this conduct being rape because she was afraid that her father would find out that she willingly had sex with a black boy. Her words.

HEMMER: Just to be fair, it's one thing for her father to be a racist, another thing to find this man guilty because he's a young black teenager.

BALSTER: No. We're not suggesting that the jury found Marcus guilty because he's black and she was white. No one's argued that. No one contends that.

What we contend is that, I believe that had this young woman been African-American and not white, that this never would have seen the light of day. This wouldn't have been -- Marcus wouldn't have been accused of rape and he wouldn't have been charged with rape. He wouldn't find himself in the position he's in right now.

HEMMER: You were in court today arguing before the Georgia supreme court trying to appeal this. Your argument today was what, David?

BALSTER: We made three basic arguments. First, there's a very specific statute that deals with the conduct at issue here, which is teenage sex. And the Georgia general assembly has said that when two teenagers than three years apart, that is a misdemeanor. And, therefore, the same conduct can't be the basis of an aggravated child molestation charge.

(CROSSTALK)

HEMMER: ... miscarriage of justice?

BALSTER: It is a miscarriage of justice. Who believes that consensual sex between an 18-year-old and 15 1/2-year-old should result in a ten-year prison sentence?

HEMMER: What has been the jury reaction once this sentence was handed down?

BALSTER: The jurors have come forward, many have, and said this is not what we intended. We did not believe and understand that Marcus Dixon was going to be going to prison. We thought he was going home. And number of the jurors have said they cannot live with themselves with the result that has occurred here.

(END VIDEOTAPE)

HEMMER: Again from yesterday afternoon, those interviews conducted. The Georgia state supreme court now expected to rule on the case possibly in the spring. We invited the prosecution to talk with us today. They declined that request. The D.A. has said that race is not a factor in that case.

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