Return to Transcripts main page

CNN Sunday Morning

Legal Roundtable

Aired October 20, 2002 - 08:50   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.


CATHERINE CALLAWAY, CNN ANCHOR: The investigation into the sniper killings is, of course, our topic of today's roundtable. We are taking your phone calls on this. Remember, these are legal questions concerning this topic. Here's the number. It's a free call, 1-800-807-2620.
Joining us this morning, Judge Greg Mathis, the author of "Inner City Miracle," and Michael Smerconish, a talk show host and trial attorney in Philadelphia. Thank you both for being with us this morning.

And judge, you have a show on television, we've seen you, a reality-based show. So if he looks familiar to everyone, that's why. Thank you for being with us. And of course, we have had Michael on just about every weekend, Michael.

But I have to talk with you first, guys, about this Matthew Dowdy, the man who has been charged with the count of knowingly and willfully making some false statements to an officer in the course of this investigation. Of course, he was apparently the one who gave a so-called eyewitness account of the shooting that we saw at Home Depot.

You know, Michael, six months in prison, $1,000 fine. This is apparently the maximum if he's convicted. What do you think about that?

MICHAEL SMERCONISH, TRIAL ATTORNEY: I'd love to see him go to a much bigger woodshed than just that. Because one of the things, Catherine that amazes me about this case, and who knows, maybe there's a great deal that law enforcement is not telling us, but now we have a dozen people who have been shot and there's not even a composite sketch that's been released. I'm amazed at how little, it appears that we, meaning law enforcement and the community, appear to know about the person responsible for these acts, and it's because of a guy like this that they have been on a wild goose chase apparently for at least several days. So that's too light of a punishment.

CALLAWAY: We have received a lot of e-mails on this this morning, some people saying that this is just reprehensible, that he's almost as bad as the sniper. Judge, what are your thoughts on that?

JUDGE GREG MATHIS, AUTHOR, TV HOST: Well, to the extent that he's helping to terrorize the country and he's creating -- he's contributing to this climate of fear, then he is an accomplice to the sniper, because that's the objective of the sniper, is to terrorize the community and create this atmosphere of fear. And that's -- when you mislead and obstruct justice in the case such as this with the sniper, you contribute to creating that atmosphere.

CALLAWAY: Let's get right to the phone calls now. We have Anita from New Jersey, I believe. Good morning, Anita. Do you have a question?

ANITA: Yes. My question actually has to do with the media coverage of the sniper situation. I hear that we're not getting information, information is not forthcoming, we don't have composite sketches. And it really seems to me that Chief Moose is the target of the media, because he's not forthcoming with the information that he doesn't have.

So, now you see other spokespeople, and then in an obvious rush to get information out to the public, there was this eyewitness who was a flake, and they just rushed to give out his information. And I think that the cautious method that Chief Moose was taking, the media just sort of -- they wink-wink and say that he's not forthcoming and he's not telling the truth, or not telling the truth, but he's not letting the people know enough about what's going on.

CALLAWAY: OK, Anita, I think we understand the question. Michael, let me start with you. It's funny she should ask that, because I can't tell you, we have received literally hundreds of e- mails this morning, largely critical of the media for giving out too much information. So, you know, legally, what are they required to give, and could the media be...

SMERCONISH: Catherine, I don't know that this is a legal answer as much as it is a gut reaction. This Chief Moose looks to me like a standup guy, and I like him. He seems steady in his approach. And he's in a bad position, because you have got CNN and some CNN would-be competitors demanding, demanding, demanding information. He's got nothing new to say, and he stands up there day-to-day, and unfortunately is in a bad position because he comes out, he makes a statement, then he gets peppered with question. I'm starting to think that maybe he should reduce his access to the media if there's no new information.

CALLAWAY: Judge Mathis, fine line the officials are walking in this?

MATHIS: Yes, it is. And it's a balancing act that happens with the media sometimes helping this investigation, and in some instances perhaps hurting the investigation. But it's a balancing act that is necessary, because to the extent that the media can help and provide information to the public which might lead to the capture of this sniper, that's the extent that we're all benefiting. So, it's a balancing act I think it's worth taking.

CALLAWAY: And there are benefits in helping to catch someone. But Michael, you are a trial attorney. You certainly know the effects that media can have on the case.

SMERCONISH: Here's the question for you and for his honor. Could we as a nation live without knowing in the end the name or the photograph of the individual or individuals responsible for this? Because this whack job in the end wants his day in the sun, and I'd love to see us deny that person the fame that they are looking for. But could we live without knowing what's the name of the person, and what do they look like? I could.

MATHIS: Well, I suppose some of us could, but some of us would continue to live in fear. And that's one of the objectives of both obtaining and capturing this criminal is to eliminate and reduce the fear among the citizenry, and secondly, it's also so that the media can be able to say that they have contributed in this way, and our public will feel comfortable knowing that we have an honest media that will report the honesty of what occurs within the police investigation.

CALLAWAY: You know, Michael, we have actually had e-mail from people this morning saying that the media should be held liable for giving out too much information in this and that they're hampering the police efforts.

SMERCONISH: Well, I don't know if it's the media's fault. Let me tell you who I'm upset with. I'm upset with the Pentagon for revealing -- and again, maybe there's a method to their madness -- but why in the world did they announce that a reconnaissance aircraft was going to be utilized in an effort to catch the sniper? It seems to me in that instance, whomever was responsible for that information has some culpability. Not in a legal sense, but it just seems like it was a foolish thing to do.

CALLAWAY: But was it, Judge, an effort to comfort society that everything is being done, because indeed, we have seen the public through e-mail and other avenues saying that they feel like the military should be involved.

MATHIS: I think that's exactly the purpose of that announcement. It was to calm the fears of the public, so we don't create more panic so that more people don't stop staying in their homes and continue to come out and shop at the grocery store. Because you don't want to cause the economy to collapse in metro Washington, D.C., and that's what would happen if the fears continued to increase. So the government has to do something to try and calm the fears of the people.

CALLAWAY: All right. Thank you both for being with us. Judge Mathis, we'll see you on TV, and Michael, we will listen to you on the radio. You media stars, you. Thank you for being with us this morning.

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 October 20, 2002 - 08:50   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CATHERINE CALLAWAY, CNN ANCHOR: The investigation into the sniper killings is, of course, our topic of today's roundtable. We are taking your phone calls on this. Remember, these are legal questions concerning this topic. Here's the number. It's a free call, 1-800-807-2620.
Joining us this morning, Judge Greg Mathis, the author of "Inner City Miracle," and Michael Smerconish, a talk show host and trial attorney in Philadelphia. Thank you both for being with us this morning.

And judge, you have a show on television, we've seen you, a reality-based show. So if he looks familiar to everyone, that's why. Thank you for being with us. And of course, we have had Michael on just about every weekend, Michael.

But I have to talk with you first, guys, about this Matthew Dowdy, the man who has been charged with the count of knowingly and willfully making some false statements to an officer in the course of this investigation. Of course, he was apparently the one who gave a so-called eyewitness account of the shooting that we saw at Home Depot.

You know, Michael, six months in prison, $1,000 fine. This is apparently the maximum if he's convicted. What do you think about that?

MICHAEL SMERCONISH, TRIAL ATTORNEY: I'd love to see him go to a much bigger woodshed than just that. Because one of the things, Catherine that amazes me about this case, and who knows, maybe there's a great deal that law enforcement is not telling us, but now we have a dozen people who have been shot and there's not even a composite sketch that's been released. I'm amazed at how little, it appears that we, meaning law enforcement and the community, appear to know about the person responsible for these acts, and it's because of a guy like this that they have been on a wild goose chase apparently for at least several days. So that's too light of a punishment.

CALLAWAY: We have received a lot of e-mails on this this morning, some people saying that this is just reprehensible, that he's almost as bad as the sniper. Judge, what are your thoughts on that?

JUDGE GREG MATHIS, AUTHOR, TV HOST: Well, to the extent that he's helping to terrorize the country and he's creating -- he's contributing to this climate of fear, then he is an accomplice to the sniper, because that's the objective of the sniper, is to terrorize the community and create this atmosphere of fear. And that's -- when you mislead and obstruct justice in the case such as this with the sniper, you contribute to creating that atmosphere.

CALLAWAY: Let's get right to the phone calls now. We have Anita from New Jersey, I believe. Good morning, Anita. Do you have a question?

ANITA: Yes. My question actually has to do with the media coverage of the sniper situation. I hear that we're not getting information, information is not forthcoming, we don't have composite sketches. And it really seems to me that Chief Moose is the target of the media, because he's not forthcoming with the information that he doesn't have.

So, now you see other spokespeople, and then in an obvious rush to get information out to the public, there was this eyewitness who was a flake, and they just rushed to give out his information. And I think that the cautious method that Chief Moose was taking, the media just sort of -- they wink-wink and say that he's not forthcoming and he's not telling the truth, or not telling the truth, but he's not letting the people know enough about what's going on.

CALLAWAY: OK, Anita, I think we understand the question. Michael, let me start with you. It's funny she should ask that, because I can't tell you, we have received literally hundreds of e- mails this morning, largely critical of the media for giving out too much information. So, you know, legally, what are they required to give, and could the media be...

SMERCONISH: Catherine, I don't know that this is a legal answer as much as it is a gut reaction. This Chief Moose looks to me like a standup guy, and I like him. He seems steady in his approach. And he's in a bad position, because you have got CNN and some CNN would-be competitors demanding, demanding, demanding information. He's got nothing new to say, and he stands up there day-to-day, and unfortunately is in a bad position because he comes out, he makes a statement, then he gets peppered with question. I'm starting to think that maybe he should reduce his access to the media if there's no new information.

CALLAWAY: Judge Mathis, fine line the officials are walking in this?

MATHIS: Yes, it is. And it's a balancing act that happens with the media sometimes helping this investigation, and in some instances perhaps hurting the investigation. But it's a balancing act that is necessary, because to the extent that the media can help and provide information to the public which might lead to the capture of this sniper, that's the extent that we're all benefiting. So, it's a balancing act I think it's worth taking.

CALLAWAY: And there are benefits in helping to catch someone. But Michael, you are a trial attorney. You certainly know the effects that media can have on the case.

SMERCONISH: Here's the question for you and for his honor. Could we as a nation live without knowing in the end the name or the photograph of the individual or individuals responsible for this? Because this whack job in the end wants his day in the sun, and I'd love to see us deny that person the fame that they are looking for. But could we live without knowing what's the name of the person, and what do they look like? I could.

MATHIS: Well, I suppose some of us could, but some of us would continue to live in fear. And that's one of the objectives of both obtaining and capturing this criminal is to eliminate and reduce the fear among the citizenry, and secondly, it's also so that the media can be able to say that they have contributed in this way, and our public will feel comfortable knowing that we have an honest media that will report the honesty of what occurs within the police investigation.

CALLAWAY: You know, Michael, we have actually had e-mail from people this morning saying that the media should be held liable for giving out too much information in this and that they're hampering the police efforts.

SMERCONISH: Well, I don't know if it's the media's fault. Let me tell you who I'm upset with. I'm upset with the Pentagon for revealing -- and again, maybe there's a method to their madness -- but why in the world did they announce that a reconnaissance aircraft was going to be utilized in an effort to catch the sniper? It seems to me in that instance, whomever was responsible for that information has some culpability. Not in a legal sense, but it just seems like it was a foolish thing to do.

CALLAWAY: But was it, Judge, an effort to comfort society that everything is being done, because indeed, we have seen the public through e-mail and other avenues saying that they feel like the military should be involved.

MATHIS: I think that's exactly the purpose of that announcement. It was to calm the fears of the public, so we don't create more panic so that more people don't stop staying in their homes and continue to come out and shop at the grocery store. Because you don't want to cause the economy to collapse in metro Washington, D.C., and that's what would happen if the fears continued to increase. So the government has to do something to try and calm the fears of the people.

CALLAWAY: All right. Thank you both for being with us. Judge Mathis, we'll see you on TV, and Michael, we will listen to you on the radio. You media stars, you. Thank you for being with us this morning.

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