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CNN Saturday Morning News
Interview With Cynthia Alksne
Aired January 12, 2002 - 10:23 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've been talking about the hockey trial that we've been covering for the past couple of weeks and of course, the closing arguments and the verdict and also, the compelling testimonies. We're going to bring in our Cynthia Alksne now, former federal prosecutor. She was there observing the entire trial. We're going to have a bit of analysis now.
Cindy, good to see you.
CYNTHIA ALKSNE, FORMER FEDERAL PROSECUTOR: Good morning.
PHILLIPS: Well, let's talk about the sentencing now. Obviously, the verdict came down, involuntary manslaughter for Thomas Junta. How is the sentencing going to work?
ALKSNE: Well, the judge set sentencing for January 25 and what will happen in between now and January 25, well, first off, the defendant is in jail awaiting sentencing and that's a big change in the case, number one. And it does -- and that indicates to you that the judge is going to give him some jail time.
The next -- the number two thing that's going to happen is there's going to be victim impact statements prepared by the prosecution for the family members of the decreased. So they can ask for what they want in the sentencing. Now, as we all know by now, the general rule for involuntary manslaughter in Massachusetts, even though the top limit is 20 years, is really of 40 to 60 months or of three to five years, but the judge can change that.
So now, the whole focus of our interest is what did the judge think of the evidence. You know, for this week, it's been what does the jury think. Now, it's what does the judge think because if the judge thinks that the victim was the aggressor, as many do in this case, that the victim started the fight, and then Mr. Junta just took it to the next level and smashed his head and basically, severed his head from his body and made his whole brain bleed. If the judge believes the victim started the fight, he could give him dramatically less time. He could get probation. He could get as little as a year and we'll just have to see how that goes.
PHILLIPS: If he got probation, boy, there would be quite a public outcry, don't you think?
ALKSNE: I think there would be public outcry and I think it's unlikely he'll get probation. Although, it's not going to surprise me if he gets less than the three to five years because of the role the victim may have played in this and because the family members, the Costin family members, seem to be viewing this as a double tragedy for both families. And it's not clear to me that they will be demanding jail time for retribution. So we'll have to see what their statement looks like, but more importantly, what the judge, how the judge views the evidence.
PHILLIPS: Now, whether it's probation five years, six years 20 years, I'm curious to know about the psychological aspect. No matter what, will he have to go through some type of counseling or psychological help since this?
ALKSNE: No, jails are not in charge of psychological help. I mean we just don't have, in the United States justice system, as much as we'd like to have counseling and drug treatment and all of those things. The truth of the matter is when you're in jail; you're just sitting in jail.
PHILLIPS: So what do you know about this judge, anything?
ALKSNE: I don't because I'm not from Massachusetts. I don't know. He's considered fair and firm. That's his reputation, but I don't now much more about him than that.
PHILLIPS: He could send out quite a message with what he decides, isn't that true, he could make quite an impact?
ALKSNE: Well, I think the jury has sent a pretty strong message already that we're not going tolerate these -- this type of fighting and just even the police department's arrest of this man and the prosecution, a competent, fair prosecution by the DA's office has sent a message as well.
PHILLIPS: Well, it will be interesting to follow the rest of the this throughout. Cynthia Alksne, former federal prosecutor, thanks for your insight this morning.
ALKSNE: You're welcome.
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