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CNN Saturday Morning News

Interview With John Rosenberg

Aired January 12, 2002 - 08:13   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.
KYRA PHILLIPS, CNN ANCHOR: We're going to take a closer look now at the hockey death trial. Now that Thomas Junta has been found guilty of involuntary manslaughter the big question is what will his sentence be?

Joining me from Boston to talk about this is John Rosenberg, a criminal defense attorney and former federal prosecutor.

John, good to see you this morning.

JOHN ROSENBERG, FORMER FEDERAL PROSECUTOR: Good to be here. Thank you, Kyra.

PHILLIPS: Well, I first want to know, of course, your reaction to the verdict.

ROSENBERG: I think the verdict was, it's a fair, sustainable, supportable verdict. I think that voluntary manslaughter would also have been supportable. I think an outright acquittal would have surprised many people, including myself.

PHILLIPS: Why do you think it was involuntary manslaughter? Is this sort of the more humane decision to be made on behalf of the jurors?

ROSENBERG: I don't know if it's the more humane, but again, it's certainly supported by the evidence. The fundamental difference between the voluntary and involuntary manslaughter is whether Junta intended to kill or inflict serious bodily harm on Mr. Costin. And what the jury is saying is that while his acts were intentional, he assaulted and battered Mr. Costin, he didn't intend to kill him. And I think that's fully supportable by the evidence that was presented.

PHILLIPS: Don't you wonder what Junta was thinking, though, when this man died?

ROSENBERG: Thinking during the assault or afterwards?

PHILLIPS: Both.

ROSENBERG: I think during the assault, well, to prove that he intended to kill him, that's a heavy, heavy burden. But, you know, he's enraged. He comes back into the rink, having left, you know, after the first altercation, and he just really, based on the evidence, pummeled this fellow.

I was in court for part of the testimony and I have to say Mr. Junta is a very, very big, imposing, I mean it's 275 pounds, tall and powerful. His fists, which I was able to see, are really, really big and really set -- you get the sense that this man could inflict serious bodily harm.

PHILLIPS: What did you think of his testimony?

ROSENBERG: It's always a risk when you put a defendant on the stand. I believe the defense had to and I think his testimony was credible enough for, you know, it reduced it to involuntary manslaughter. Clearly the jury did not have a doubt, did not have a reasonable doubt about self-defense. They did not accept the self- defense theory.

PHILLIPS: Let's talk about the sentence. What's next?

ROSENBERG: Well, the sentence for voluntary or involuntary manslaughter, the potential sentence is the same, from probation to 20 years. In Massachusetts, there are proposed or suggested guidelines. The judge is not bound by them, but they sort of give you a road map to follow. The suggested guidelines for this offense with this defendant's record are somewhere between three or three and a half and five years. The judge can depart from that upward if there are aggravating factors. He can depart downward if there are mitigating factors. And it's hard to say what this judge will do at this point.

PHILLIPS: Well, I've been told he's been known to send messages. Do you agree?

ROSENBERG: This is a fair judge, but a firm judge, who understands his role and will discharge his duties irrespective of what he thinks public sentiment are. And this is a message case and that's not inappropriate for sentencing. You have to punish a defendant but also deter future conduct. And, you know, this was a kid's hockey game and you now have someone dead and another father facing anywhere up to 20 years in prison. The judge, I think, will want to send a message to others, which is don't do this. This has tragic consequences all around.

PHILLIPS: And we'll be following the sentencing.

John Rosenberg, thank you so much for your insight this morning.

ROSENBERG: Happy to be here, Kyra.

PHILLIPS: Thank you.

For more detailed coverage of the hockey death trial, including the victim's family's reaction to the verdict, click on your Web site at cnn.com, AOL keyword: CNN.

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