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CNN Saturday Morning News
Interview with Kendall Coffey
Aired November 09, 2002 - 09:13 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.
SAN MIGUEL: Sniper suspects John Lee Malvo and John Allen Muhammad appeared separately and in different Virginia courtrooms yesterday. A juvenile court judge found probable cause to hold 17- year-old Malvo in the killing of an FBI analyst gunned down in a Home Depot parking lot. The prosecutor says fingerprints on a gun link him to the shooting.
A separate court proceeding was held for Muhammad to formalize the transfer to from federal custody in Maryland to state custody in Virginia. A defense attorney will be appointed to him on Wednesday.
Both Muhammad and Malvo have been charged or linked to a string of shootings in Maryland, Virginia, Washington, Alabama, Georgia, and Louisiana, but they will be tried first in Virginia.
Former U.S. attorney Kendall Coffey joins us now from Miami for some insight on this complicated and still-expanding case. Mr. Coffey, thanks for being with us this morning.
KENDALL COFFEY, FORMER U.S. ATTORNEY: Hey, good morning, Renay.
SAN MIGUEL: Good morning to you.
Virginia is going to get this case first because, as John Ashcroft says, he wants the suspects to pay "the ultimate sanction," quote unquote, meaning the death penalty. Tell us a little bit about Virginia's death penalty and how it would apply to a juvenile, in this case Malvo.
COFFEY: Well, Virginia has a daunting track record when it comes to death penalty cases, not only in terms of the strength of the death penalty laws but, frankly, in terms of the timetable in which those laws are implemented. In a case where victim closure means the effectuation of the final sentence, the timing and the timetable are important too.
To give you an example of that, next Thursday, Amal Kasi (ph), the Pakistani who was convicted of murdering two CIA employees, will face execution. He was captured in Pakistan in June of 1997, five and a half years. It may sound like a long time, but in death penalty scenarios that's virtually a fast track.
SAN MIGUEL: And Virginia's death penalty scenario also allows for an easier time with juveniles who are committed, if they are judged as to have committed the crime as adults?
COFFEY: Yes, and that's a striking feature that distinguishes it not only from the Maryland sentencing system but also one of the differences with the federal system. One of the important things here is that the federal authorities did actually drop their own charges in order to entrust this matter to state and local authorities.
That's certainly something that sends a powerful message about partnership, and it's also something that I think in large part may have been based upon the fact that under federal law, Malvo would not have faced execution.
SAN MIGUEL: That was indeed in terms of partnership, showing some unity here among all the jurisdictions that are involved. But wasn't there some jockeying going on here? There were some fights, turf fights, if you will, regarding all the different entities that wanted to prosecute first.
As a matter of fact, when John Ashcroft had his press conference this week, somebody was noticeably absent, Montgomery County state's attorney Douglas Gansler. How important was that?
COFFEY: Well, that was striking and conspicuous, and it was a message that the feds are willing to be partners, and that means entrusting these very high-profile, important cases to local authorities.
On the other hand, they expect the local authorities to be partners too, and there was a clear sense that Gansler jumped out in front of the other jurisdictions with his charges and even did something that I was a little surprised by, actually dissing the viability of federal charges.
In a scenario like this, Ashcroft wants to send a message about partnership, and that means a two-way street.
SAN MIGUEL: Got it. I think that actually would have -- probably will be received in Montgomery County.
Tell us what you know about the two prosecutors who will get to try this first, if everything goes as planned, Robert Horan and Paul Ebert.
COFFEY: Well, these are the career prosecutors, to some extent veterans in every way, veterans with the death penalty, exactly the prototype that the Justice Department would have a lot of confidence in handling this kind of cases. They're no-nonsense guys, to some extent veterans in the trenches, and the perfect individuals to handle the case with a minimum of frills, no sense that they're going to be running out doing talk shows live or anything like that anytime soon.
SAN MIGUEL: Well, I'm not sure we want to hear that here at CNN.
COFFEY: Well, yes, I didn't mean...
SAN MIGUEL: We would love to have them on.
COFFEY: ... (UNINTELLIGIBLE) the news.
SAN MIGUEL: I understand that that's probably not going to be the case.
We still don't know if there are going to be other charges filed from any other jurisdiction who can link ballistic evidence to these two suspects. But how likely is it that anybody beyond Virginia is going to get their chance to prosecute Malvo and Muhammad?
COFFEY: Well, Maryland suffered six murders, and I think they are going to consider to bring charges. But -- and you certainly can have serial prosecutions, serial convictions for serial murders.
But when you actually get to the trial of these cases, including the sentencing phases, throughout that process, all of the killings, certainly by the time of sentencing, are going to be presented to the jury, all of the victims are going to have a sense of validation for their losses, because by the time these sentences are finally adjudicated, all of the tragedy, all of the atrocity is going to contribute to the outcome.
And that may be the kind of validation that other communities will find considerable comfort in and may result in others standing back on bringing cases because, among other things, this is going to be a very long, complicated, and expensive case to prosecute.
SAN MIGUEL: Exactly. And if Virginia does have success here, the idea that that would be enough for the other jurisdictions and the other victims involved there.
U.S. attorney -- former U.S. attorney Kendall Coffey joining us from Miami, thanks so much for your time. We do appreciate it.
COFFEY: Thank you.
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 November 9, 2002 - 09:13 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SAN MIGUEL: Sniper suspects John Lee Malvo and John Allen Muhammad appeared separately and in different Virginia courtrooms yesterday. A juvenile court judge found probable cause to hold 17- year-old Malvo in the killing of an FBI analyst gunned down in a Home Depot parking lot. The prosecutor says fingerprints on a gun link him to the shooting.
A separate court proceeding was held for Muhammad to formalize the transfer to from federal custody in Maryland to state custody in Virginia. A defense attorney will be appointed to him on Wednesday.
Both Muhammad and Malvo have been charged or linked to a string of shootings in Maryland, Virginia, Washington, Alabama, Georgia, and Louisiana, but they will be tried first in Virginia.
Former U.S. attorney Kendall Coffey joins us now from Miami for some insight on this complicated and still-expanding case. Mr. Coffey, thanks for being with us this morning.
KENDALL COFFEY, FORMER U.S. ATTORNEY: Hey, good morning, Renay.
SAN MIGUEL: Good morning to you.
Virginia is going to get this case first because, as John Ashcroft says, he wants the suspects to pay "the ultimate sanction," quote unquote, meaning the death penalty. Tell us a little bit about Virginia's death penalty and how it would apply to a juvenile, in this case Malvo.
COFFEY: Well, Virginia has a daunting track record when it comes to death penalty cases, not only in terms of the strength of the death penalty laws but, frankly, in terms of the timetable in which those laws are implemented. In a case where victim closure means the effectuation of the final sentence, the timing and the timetable are important too.
To give you an example of that, next Thursday, Amal Kasi (ph), the Pakistani who was convicted of murdering two CIA employees, will face execution. He was captured in Pakistan in June of 1997, five and a half years. It may sound like a long time, but in death penalty scenarios that's virtually a fast track.
SAN MIGUEL: And Virginia's death penalty scenario also allows for an easier time with juveniles who are committed, if they are judged as to have committed the crime as adults?
COFFEY: Yes, and that's a striking feature that distinguishes it not only from the Maryland sentencing system but also one of the differences with the federal system. One of the important things here is that the federal authorities did actually drop their own charges in order to entrust this matter to state and local authorities.
That's certainly something that sends a powerful message about partnership, and it's also something that I think in large part may have been based upon the fact that under federal law, Malvo would not have faced execution.
SAN MIGUEL: That was indeed in terms of partnership, showing some unity here among all the jurisdictions that are involved. But wasn't there some jockeying going on here? There were some fights, turf fights, if you will, regarding all the different entities that wanted to prosecute first.
As a matter of fact, when John Ashcroft had his press conference this week, somebody was noticeably absent, Montgomery County state's attorney Douglas Gansler. How important was that?
COFFEY: Well, that was striking and conspicuous, and it was a message that the feds are willing to be partners, and that means entrusting these very high-profile, important cases to local authorities.
On the other hand, they expect the local authorities to be partners too, and there was a clear sense that Gansler jumped out in front of the other jurisdictions with his charges and even did something that I was a little surprised by, actually dissing the viability of federal charges.
In a scenario like this, Ashcroft wants to send a message about partnership, and that means a two-way street.
SAN MIGUEL: Got it. I think that actually would have -- probably will be received in Montgomery County.
Tell us what you know about the two prosecutors who will get to try this first, if everything goes as planned, Robert Horan and Paul Ebert.
COFFEY: Well, these are the career prosecutors, to some extent veterans in every way, veterans with the death penalty, exactly the prototype that the Justice Department would have a lot of confidence in handling this kind of cases. They're no-nonsense guys, to some extent veterans in the trenches, and the perfect individuals to handle the case with a minimum of frills, no sense that they're going to be running out doing talk shows live or anything like that anytime soon.
SAN MIGUEL: Well, I'm not sure we want to hear that here at CNN.
COFFEY: Well, yes, I didn't mean...
SAN MIGUEL: We would love to have them on.
COFFEY: ... (UNINTELLIGIBLE) the news.
SAN MIGUEL: I understand that that's probably not going to be the case.
We still don't know if there are going to be other charges filed from any other jurisdiction who can link ballistic evidence to these two suspects. But how likely is it that anybody beyond Virginia is going to get their chance to prosecute Malvo and Muhammad?
COFFEY: Well, Maryland suffered six murders, and I think they are going to consider to bring charges. But -- and you certainly can have serial prosecutions, serial convictions for serial murders.
But when you actually get to the trial of these cases, including the sentencing phases, throughout that process, all of the killings, certainly by the time of sentencing, are going to be presented to the jury, all of the victims are going to have a sense of validation for their losses, because by the time these sentences are finally adjudicated, all of the tragedy, all of the atrocity is going to contribute to the outcome.
And that may be the kind of validation that other communities will find considerable comfort in and may result in others standing back on bringing cases because, among other things, this is going to be a very long, complicated, and expensive case to prosecute.
SAN MIGUEL: Exactly. And if Virginia does have success here, the idea that that would be enough for the other jurisdictions and the other victims involved there.
U.S. attorney -- former U.S. attorney Kendall Coffey joining us from Miami, thanks so much for your time. We do appreciate it.
COFFEY: Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
