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CNN Sunday Morning

Legal Roundtable

Aired October 27, 2002 - 08:17   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.


ARTHEL NEVILLE, CNN ANCHOR: The case against the two sniper suspects tops our "Legal Roundtable" this morning. Joining us this morning are Jayne Weintraub, a criminal defense attorney in Miami. Hello, Jayne. Good to see you.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning.

NEVILLE: And there is Michael Smerconish, a talk show host and trial attorney in Philadelphia. Good to see you as well, Michael.

MICHAEL SMERCONISH, TRIAL ATTORNEY: Hey, Arthel.

NEVILLE: Hey. Jayne, you know, I'm going to start with you this morning. Maryland, first to file charges. How does that fact that Maryland has a moratorium on a death penalty and no death penalty for minors play into this case?

WEINTRAUB: Well, it's really a matter of -- it's really a matter of what the Department of Justice decides to do with the case. I don't think a final decision has been made yet. The fact that Maryland wants to file charges first doesn't mean that they will be the first to try him. They can still try him in Virginia state court first. If there is a federal death penalty case to be brought, they can bring that before they even start.

So it really depends on a lot of different factors. Maryland has a moratorium on it. That just means the governor hasn't signed any death warrants. That doesn't mean the case can't proceed to trial. I don't think that Maryland would be the choice place to start first.

NEVILLE: So where would you go first, Michael, if you had your way? Would it be Alabama?

SMERCONISH: Listen, I love the thinking of Alabama. They quickly jumped into the middle of this and they said, well, we're going to prosecute, we're going to seek the death penalty. I'm hoping that it's Alabama, but Virginia is probably the appropriate forum for this.

And Arthel, think of this scenario. The 17-year-old cannot be sentenced to death in the state of Maryland. If Maryland is the first to get to the courthouse, and if that 17-year-old is given life in prison, even if there are followup trials in other jurisdictions, he is going to spend his whole life in prison and never get out to be put to death. So that's why this is a real important determination, and I hope it's Virginia. NEVILLE: So let me understand -- you're saying that you would prefer if there is a conviction that there would be life in prison?

SMERCONISH: Oh, no, no. I think if there is ever a case for the death penalty, it is this case.

NEVILLE: OK.

SMERCONISH: But that Malvo could escape a death sentence if Maryland is the first. And Maryland, they're hypocrites. The idea that they had that press conference on Friday is outrageous, as far as I'm concerned.

NEVILLE: Why do you say that?

SMERCONISH: Because Governor Glendening stood up, and I watched him on CNN, and he said, well, you know, if there were ever a case for the death sentence, it's this kind of a case and we still believe in it here. He is now asking for a discriminate application of the death sentence, the exact same thing that he has railed against in signing the moratorium.

WEINTRAUB: Michael, isn't that what you do? You without even knowing what the evidence is, you want to say it's a death penalty case and you're ready to execute them. We do not know what the evidence is here, and Arthel, we need to focus on the fact that although the crime is horrific and horrible...

NEVILLE: Right, there is no conviction.

WEINTRAUB: ... we need to know what the evidence is before we can even talk about what an appropriate sentence is.

SMERCONISH: Jayne, Jayne, I have a pretty good idea of what the evidence is, and the only evidence I haven't heard is a lawyer such as yourself, respectfully, who is going to now tell us they came from broken homes and they were abandoned as kids and all that garbage.

WEINTRAUB: I'm not saying that at all.

NEVILLE: Jayne, excuse me, guys, Jayne, let me jump in here. Jayne, let's talk about then the burden of proof. Where does it lie?

WEINTRAUB: The burden of proof always remains with the government or the state. They must prove beyond any reasonable doubt that these people that they have charged are guilty of the crimes that they've decided to charge them with.

Let's talk about this 17-year-old. This 17-year-old, number one, can't be put to death under a federal death penalty statute either, Michael. I've tried federal death penalty cases. It's in the statute. No juveniles can be put to death, number one.

Number two, it's my guess as a lawyer that the government is going to squeeze and make a deal with Malvo. He is 17 years old. He's vulnerable. Does he have a valid defense? Maybe. Don't you guys think that he is under the influence, or the direct defense would be applicable? Do you think a 17-year-old has been planning this methodically under the influence of this grown adult, knows any other way? He knows what this man is teaching him.

NEVILLE: And Jayne, that's going to be the final word on this particular segment. Listen, we have some relatives of victims of September 11 suing the Saudi Arabian royal family members. And we're going to talk about that in a moment, so Jayne and Michael, stand by with us, if you will.

(COMMERCIAL BREAK)

NEVILLE: And welcome back, everybody. We're talking to Michael Smerconish and Jayne Weintraub. We're discussing this sniper case.

We're going to move on now to Saudi Arabia, this case where there are relatives of victims from the September 11 attacks who are suing members of the Saudi Arabian royal family. And, Michael, I'll start with you here, asking you, what do you think they will have to approve (ph) in this case, the attorneys?

SMERCONISH: Well, I was very concerned, Arthel, at the end of this week when it was reported that the Bush administration may ask or try and intervene and get this lawsuit dismissed. This is a lawsuit by victims' families seeking to tie the Saudis and some members of the Saudi royal family to the events of 9/11. Fifteen of the 19 known hijackers were Saudis, and I want this litigation to go forward.

When I talked about it on Friday on my radio program, out of the blue I got a phone call from the wife of Victor Sarasini (ph), the captain of flight 175, which hit the south tower. We owe that woman and all the other victims answers, and I hope the administration doesn't try and muddy the waters.

NEVILLE: So, Jayne, do you think the administration will, in fact, try to do just that?

WEINTRAUB: Yes, I do. I think that the United States is going to interfere or try to intervene because it's going to affect public policy. And I agree with Michael. Of course I would like to see it go forward because I would like to see the truth come out, I'd like to see these victims vindicated and the reparations come through.

However, the Bush administration is going to say that it interferes with public policy. These wealthy Saudi people are not going to come here because if they come here their assets can be seized and the moneys can be frozen, which, of course, is just what Michael and I would like to see happen as lawyers and compassionate people for these victims.

NEVILLE: Arthel, there is a perception out there, and I know I hear it from radio callers, that the whole Middle East situation, all the business in Iraq is only about oil and it's not about weapons of mass destruction. And that argument is going to be strengthened if all of a sudden the administration says, oh, no, no, we don't want you suing the Saudi family. Let that lawsuit go forward. NEVILLE: Listen, the relatives hired Ron Motley out of Charleston, South Carolina, and you know he won the landmark $350 billion suit against tobacco. What sort of road blocks, Jayne, do you think he will have in this case?

WEINTRAUB: Well, I think the biggest roadblock that he's going to have is just what we're talking about, that the United States government is going to seek literally to intervene in the lawsuit. They're going to seek to become a party to be heard by the judge and move to dismiss the case for public policy.

They're going to say that this could affect the whole economic situation in the United States, and I think the judge will probably listen. But that's the biggest roadblock Mr. Motley is going to have to overcome to go forward.

NEVILLE: So Michael, if they pursue this, how do you see it ending?

SMERCONISH: I want to see some folks put under oath. I want to see some subpoenas slapped on members of the royal family and make them answer questions in a public forum, produce all their documentation, and if there is nothing to it, then the lawsuit can be dismissed, but at this juncture it ought to go forward so that we can get to the bottom of what really happened on 9/11.

NEVILLE: Michael Smerconish, Jayne Weintraub, thank you very much, and I hope to see both of you on TALKBACK LIVE soon.

SMERCONISH: Thank you, Arthel.

WEINTRAUB: Thank you, Arthel. Have a good day.

NEVILLE: You too.

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 27, 2002 - 08:17   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ARTHEL NEVILLE, CNN ANCHOR: The case against the two sniper suspects tops our "Legal Roundtable" this morning. Joining us this morning are Jayne Weintraub, a criminal defense attorney in Miami. Hello, Jayne. Good to see you.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Good morning.

NEVILLE: And there is Michael Smerconish, a talk show host and trial attorney in Philadelphia. Good to see you as well, Michael.

MICHAEL SMERCONISH, TRIAL ATTORNEY: Hey, Arthel.

NEVILLE: Hey. Jayne, you know, I'm going to start with you this morning. Maryland, first to file charges. How does that fact that Maryland has a moratorium on a death penalty and no death penalty for minors play into this case?

WEINTRAUB: Well, it's really a matter of -- it's really a matter of what the Department of Justice decides to do with the case. I don't think a final decision has been made yet. The fact that Maryland wants to file charges first doesn't mean that they will be the first to try him. They can still try him in Virginia state court first. If there is a federal death penalty case to be brought, they can bring that before they even start.

So it really depends on a lot of different factors. Maryland has a moratorium on it. That just means the governor hasn't signed any death warrants. That doesn't mean the case can't proceed to trial. I don't think that Maryland would be the choice place to start first.

NEVILLE: So where would you go first, Michael, if you had your way? Would it be Alabama?

SMERCONISH: Listen, I love the thinking of Alabama. They quickly jumped into the middle of this and they said, well, we're going to prosecute, we're going to seek the death penalty. I'm hoping that it's Alabama, but Virginia is probably the appropriate forum for this.

And Arthel, think of this scenario. The 17-year-old cannot be sentenced to death in the state of Maryland. If Maryland is the first to get to the courthouse, and if that 17-year-old is given life in prison, even if there are followup trials in other jurisdictions, he is going to spend his whole life in prison and never get out to be put to death. So that's why this is a real important determination, and I hope it's Virginia. NEVILLE: So let me understand -- you're saying that you would prefer if there is a conviction that there would be life in prison?

SMERCONISH: Oh, no, no. I think if there is ever a case for the death penalty, it is this case.

NEVILLE: OK.

SMERCONISH: But that Malvo could escape a death sentence if Maryland is the first. And Maryland, they're hypocrites. The idea that they had that press conference on Friday is outrageous, as far as I'm concerned.

NEVILLE: Why do you say that?

SMERCONISH: Because Governor Glendening stood up, and I watched him on CNN, and he said, well, you know, if there were ever a case for the death sentence, it's this kind of a case and we still believe in it here. He is now asking for a discriminate application of the death sentence, the exact same thing that he has railed against in signing the moratorium.

WEINTRAUB: Michael, isn't that what you do? You without even knowing what the evidence is, you want to say it's a death penalty case and you're ready to execute them. We do not know what the evidence is here, and Arthel, we need to focus on the fact that although the crime is horrific and horrible...

NEVILLE: Right, there is no conviction.

WEINTRAUB: ... we need to know what the evidence is before we can even talk about what an appropriate sentence is.

SMERCONISH: Jayne, Jayne, I have a pretty good idea of what the evidence is, and the only evidence I haven't heard is a lawyer such as yourself, respectfully, who is going to now tell us they came from broken homes and they were abandoned as kids and all that garbage.

WEINTRAUB: I'm not saying that at all.

NEVILLE: Jayne, excuse me, guys, Jayne, let me jump in here. Jayne, let's talk about then the burden of proof. Where does it lie?

WEINTRAUB: The burden of proof always remains with the government or the state. They must prove beyond any reasonable doubt that these people that they have charged are guilty of the crimes that they've decided to charge them with.

Let's talk about this 17-year-old. This 17-year-old, number one, can't be put to death under a federal death penalty statute either, Michael. I've tried federal death penalty cases. It's in the statute. No juveniles can be put to death, number one.

Number two, it's my guess as a lawyer that the government is going to squeeze and make a deal with Malvo. He is 17 years old. He's vulnerable. Does he have a valid defense? Maybe. Don't you guys think that he is under the influence, or the direct defense would be applicable? Do you think a 17-year-old has been planning this methodically under the influence of this grown adult, knows any other way? He knows what this man is teaching him.

NEVILLE: And Jayne, that's going to be the final word on this particular segment. Listen, we have some relatives of victims of September 11 suing the Saudi Arabian royal family members. And we're going to talk about that in a moment, so Jayne and Michael, stand by with us, if you will.

(COMMERCIAL BREAK)

NEVILLE: And welcome back, everybody. We're talking to Michael Smerconish and Jayne Weintraub. We're discussing this sniper case.

We're going to move on now to Saudi Arabia, this case where there are relatives of victims from the September 11 attacks who are suing members of the Saudi Arabian royal family. And, Michael, I'll start with you here, asking you, what do you think they will have to approve (ph) in this case, the attorneys?

SMERCONISH: Well, I was very concerned, Arthel, at the end of this week when it was reported that the Bush administration may ask or try and intervene and get this lawsuit dismissed. This is a lawsuit by victims' families seeking to tie the Saudis and some members of the Saudi royal family to the events of 9/11. Fifteen of the 19 known hijackers were Saudis, and I want this litigation to go forward.

When I talked about it on Friday on my radio program, out of the blue I got a phone call from the wife of Victor Sarasini (ph), the captain of flight 175, which hit the south tower. We owe that woman and all the other victims answers, and I hope the administration doesn't try and muddy the waters.

NEVILLE: So, Jayne, do you think the administration will, in fact, try to do just that?

WEINTRAUB: Yes, I do. I think that the United States is going to interfere or try to intervene because it's going to affect public policy. And I agree with Michael. Of course I would like to see it go forward because I would like to see the truth come out, I'd like to see these victims vindicated and the reparations come through.

However, the Bush administration is going to say that it interferes with public policy. These wealthy Saudi people are not going to come here because if they come here their assets can be seized and the moneys can be frozen, which, of course, is just what Michael and I would like to see happen as lawyers and compassionate people for these victims.

NEVILLE: Arthel, there is a perception out there, and I know I hear it from radio callers, that the whole Middle East situation, all the business in Iraq is only about oil and it's not about weapons of mass destruction. And that argument is going to be strengthened if all of a sudden the administration says, oh, no, no, we don't want you suing the Saudi family. Let that lawsuit go forward. NEVILLE: Listen, the relatives hired Ron Motley out of Charleston, South Carolina, and you know he won the landmark $350 billion suit against tobacco. What sort of road blocks, Jayne, do you think he will have in this case?

WEINTRAUB: Well, I think the biggest roadblock that he's going to have is just what we're talking about, that the United States government is going to seek literally to intervene in the lawsuit. They're going to seek to become a party to be heard by the judge and move to dismiss the case for public policy.

They're going to say that this could affect the whole economic situation in the United States, and I think the judge will probably listen. But that's the biggest roadblock Mr. Motley is going to have to overcome to go forward.

NEVILLE: So Michael, if they pursue this, how do you see it ending?

SMERCONISH: I want to see some folks put under oath. I want to see some subpoenas slapped on members of the royal family and make them answer questions in a public forum, produce all their documentation, and if there is nothing to it, then the lawsuit can be dismissed, but at this juncture it ought to go forward so that we can get to the bottom of what really happened on 9/11.

NEVILLE: Michael Smerconish, Jayne Weintraub, thank you very much, and I hope to see both of you on TALKBACK LIVE soon.

SMERCONISH: Thank you, Arthel.

WEINTRAUB: Thank you, Arthel. Have a good day.

NEVILLE: You too.

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