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CNN Saturday Morning News
Interview with Nelda Blair, Lida Rodriguez-Tassef
Aired January 03, 2004 - 08:16 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.
SEAN CALLEBS, CNN CORRESPONDENT: Well, several cases are making legal headlines, including a scheduled execution in Arkansas and rape accusations against a Kansas State quarterback. We'll explain.
And here to weigh in on these cases are former Texas prosecutor Nelda Blair, in Houston.
Happy New Year to you, Nelda.
Thanks for being here.
NELDA BLAIR, FORMER PROSECUTOR: Thank you.
CALLEBS: And Lida Rodriguez-Taseff, a civil liberties attorney who is joining us from Miami.
And good morning to you, as well.
Thanks very much.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning.
CALLEBS: Let's begin in Arkansas and the scheduled execution is now only three days away, Chares Singleton. This is somebody who has been on death row in Arkansas longer than any other individual. And about this case, Lida, I will begin with you.
Basically, the judge told Arkansas it's OK to keep him on psychotropic drugs, to treat his schizophrenia, to make him well enough to execute.
Your thoughts on this?
RODRIGUEZ-TASEFF: This is a completely bizarre case. I mean what are we teaching people here? What is the lesson? Basically, the lesson is if you're a schizophrenic out there, what you should do is please be aware that you're not to commit murder because if you do, then we will put you on psychotropic drugs to make you sane enough artificially to execute you. There is no logic here. This case is absolutely shows the flaws of the death penalty as it is being applied. There's no sense in executing this man. Just keep him in jail for the rest of his life. Why medicate him only to kill him?
BLAIR: Now, wait a minute, Lida. This man was not a schizophrenic who committed murder. This man committed a very horrible murder, by the way, during a robbery, where he stabbed a woman in the neck and killed her. And then later, after being on death row for eight years...
CALLEBS: Eight years later. Exactly.
BLAIR: ... then he was diagnosed as a schizophrenic.
I say at this point if he needs to be medicated in order to be competent to carry out his sentence, medicate him. What's cruel and unusual is that this man has been on death row for 25 years. It's the unusual cruelness to the victim and her family that is the problem here.
CALLEBS: Well, Nelda, what's wrong with, as one person who, I guess Arkansas just heard an appeal on this and voted 5-1 to go ahead with the execution...
BLAIR: Right.
CALLEBS: What is wrong with sentencing him to life in prison without the possibility of parole?
BLAIR: He's already...
CALLEBS: It ends all the arguments and the cases for the family members and the victims and it ends at that point.
BLAIR: Because the way our justice system works is you commit a crime, you're tried, if you're found guilty, then your sentenced. And a sentence is carried out. He was sentenced to death. Arkansas has the death penalty. He was given the death penalty. And the death penalty is what should have been carried out long before now.
RODRIGUEZ-TASEFF: Oh, but, Nelda, you know very well that if somebody is incompetent to be executed, they can't be executed. So what did Arkansas do? It propped him up with drugs in order to make him artificially sane in order to kill him.
BLAIR: No, no, no.
RODRIGUEZ-TASEFF: What logic does that present?
BLAIR: Lida, even he, even this prisoner says if I weren't going to be executed, I'd take these drugs because I need these drugs. These drugs make me a better person. They make me a more component, sane, able to think person.
RODRIGUEZ-TASEFF: So...
CALLEBS: And I guess they're still...
BLAIR: But since they're going to execute me, I refuse to take them.
CALLEBS: And I guess there is still the chance that the governor could step in. His staff says that usually the governor will wait until the last minute to make a decision like this.
BLAIR: Right. He could.
CALLEBS: It's three days away.
Nelda, any thoughts?
Do you think there's any way that Mike Huckaby will?
BLAIR: I think he might, simply because it's such a controversial case. I do not think he should.
CALLEBS: And Lida?
RODRIGUEZ-TASEFF: I don't think he will, sadly enough. This is about killing. This isn't about keeping us all safe.
CALLEBS: OK, let's move on to the Fiesta Bowl, and a lot being made of this. You have a start quarterback who overcame adversity from last year and injury. This was supposed to be the shining moment -- there he is, L. Roberson -- in his career, and what happens? Twenty-four hours before the big game, a woman accuses him of sexual assault and the case has been spiraling from there.
Nelda, I'll let you weigh in first on this one.
BLAIR: Well, first...
CALLEBS: Did -- was this handled properly? Because the charges are not being pursued.
BLAIR: Exactly. That's exactly what I was going to say. He's not charged. He's accused. And when you are accused in this nation, you are innocent until you're proven guilty, even when you're charged. I do not think he should have been -- I mean he is allowed to play and he should have been allowed to play. I mean if he were later found completely innocent or this woman said well, I really decided differently, and his career were affected, then we'd all be sorry.
But let me say this from the other side, one other thing. This is an athlete.
CALLEBS: Right.
BLAIR: And a young athlete needs to be taught responsibility. This man had an 11:00 p.m. curfew and at 3:30 a.m. he's out with this woman before a game.
CALLEBS: Yes, and apparently, from some of the quotes from his teammates, this is a coach who, throughout the year, had repeatedly stressed obey curfew, don't do anything stupid, stay away from women and do not put yourself in this situation.
Lida, any concern -- I guess some people are talking about it -- that maybe since this was a star athlete, and sports pages read more like a police blotter these days, that the cops are going more lightly on him?
RODRIGUEZ-TASEFF: Absolutely not. What the cops did here was absolutely appropriate. They said this is an accusation, we're investigating it and, you know, it's up to the prosecutor to file charges. I think the interesting thing here is how this got out. According to the cops, the reason that this story got out is that they put out a press release only after media inquiries. If that holds out to be true, then they behaved appropriately.
If it is not true, then shame on the police for putting the spotlight on an accusation just because this is an athlete.
CALLEBS: And Roberson is not out of the woods yet. It goes to the Maricopa County attorney's office and he, theoretically, could still pursue charges.
BLAIR: Right.
CALLEBS: And I think we've all read stories about the sheriff from that area. Could, is there any way he could lean on folks and say let's take another look at this?
Nelda?
BLAIR: Well, sure he could. And, also, you know, there's medical evidence that they are testing. And that's not come back yet. So when we find out if perhaps there's more than we know right now, there may be some charges filed. It's, you're right, he's not out of the woods yet. The case is not over yet.
CALLEBS: Lida, what about the school letting him not only play in the game, but issuing a comment saying there's no evidence of a crime and the accusations were simply "not just?" Did the school do the right thing stepping up to the plate, very quickly?
RODRIGUEZ-TASEFF: Well, that's their athletic opinion. Clearly, they did the right thing by allowing him to play until he is charged with a crime or arrested. There is no reason why he should be deprived of the ability to play. So the issue for the school was whether or not he violated football regulations or their policies. They determined that it was OK for him to play. That was their issue.
Now, you know, going out and saying well, we don't think he committed a crime, that's a little much. That's not their call. Certainly the fact that they allowed him to play was more than fair.
CALLEBS: OK, Lida Rodriguez-Taseff, a civil rights attorney, joining us from Miami, I'm sure this is a story we'll be hearing more about in the coming days. And, as always, a pleasure, both of you. Nelda Blair, a former prosecutor in Texas, we appreciate it.
BLAIR: Thank you.
RODRIGUEZ-TASEFF: 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 January 3, 2004 - 08:16 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SEAN CALLEBS, CNN CORRESPONDENT: Well, several cases are making legal headlines, including a scheduled execution in Arkansas and rape accusations against a Kansas State quarterback. We'll explain.
And here to weigh in on these cases are former Texas prosecutor Nelda Blair, in Houston.
Happy New Year to you, Nelda.
Thanks for being here.
NELDA BLAIR, FORMER PROSECUTOR: Thank you.
CALLEBS: And Lida Rodriguez-Taseff, a civil liberties attorney who is joining us from Miami.
And good morning to you, as well.
Thanks very much.
LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: Good morning.
CALLEBS: Let's begin in Arkansas and the scheduled execution is now only three days away, Chares Singleton. This is somebody who has been on death row in Arkansas longer than any other individual. And about this case, Lida, I will begin with you.
Basically, the judge told Arkansas it's OK to keep him on psychotropic drugs, to treat his schizophrenia, to make him well enough to execute.
Your thoughts on this?
RODRIGUEZ-TASEFF: This is a completely bizarre case. I mean what are we teaching people here? What is the lesson? Basically, the lesson is if you're a schizophrenic out there, what you should do is please be aware that you're not to commit murder because if you do, then we will put you on psychotropic drugs to make you sane enough artificially to execute you. There is no logic here. This case is absolutely shows the flaws of the death penalty as it is being applied. There's no sense in executing this man. Just keep him in jail for the rest of his life. Why medicate him only to kill him?
BLAIR: Now, wait a minute, Lida. This man was not a schizophrenic who committed murder. This man committed a very horrible murder, by the way, during a robbery, where he stabbed a woman in the neck and killed her. And then later, after being on death row for eight years...
CALLEBS: Eight years later. Exactly.
BLAIR: ... then he was diagnosed as a schizophrenic.
I say at this point if he needs to be medicated in order to be competent to carry out his sentence, medicate him. What's cruel and unusual is that this man has been on death row for 25 years. It's the unusual cruelness to the victim and her family that is the problem here.
CALLEBS: Well, Nelda, what's wrong with, as one person who, I guess Arkansas just heard an appeal on this and voted 5-1 to go ahead with the execution...
BLAIR: Right.
CALLEBS: What is wrong with sentencing him to life in prison without the possibility of parole?
BLAIR: He's already...
CALLEBS: It ends all the arguments and the cases for the family members and the victims and it ends at that point.
BLAIR: Because the way our justice system works is you commit a crime, you're tried, if you're found guilty, then your sentenced. And a sentence is carried out. He was sentenced to death. Arkansas has the death penalty. He was given the death penalty. And the death penalty is what should have been carried out long before now.
RODRIGUEZ-TASEFF: Oh, but, Nelda, you know very well that if somebody is incompetent to be executed, they can't be executed. So what did Arkansas do? It propped him up with drugs in order to make him artificially sane in order to kill him.
BLAIR: No, no, no.
RODRIGUEZ-TASEFF: What logic does that present?
BLAIR: Lida, even he, even this prisoner says if I weren't going to be executed, I'd take these drugs because I need these drugs. These drugs make me a better person. They make me a more component, sane, able to think person.
RODRIGUEZ-TASEFF: So...
CALLEBS: And I guess they're still...
BLAIR: But since they're going to execute me, I refuse to take them.
CALLEBS: And I guess there is still the chance that the governor could step in. His staff says that usually the governor will wait until the last minute to make a decision like this.
BLAIR: Right. He could.
CALLEBS: It's three days away.
Nelda, any thoughts?
Do you think there's any way that Mike Huckaby will?
BLAIR: I think he might, simply because it's such a controversial case. I do not think he should.
CALLEBS: And Lida?
RODRIGUEZ-TASEFF: I don't think he will, sadly enough. This is about killing. This isn't about keeping us all safe.
CALLEBS: OK, let's move on to the Fiesta Bowl, and a lot being made of this. You have a start quarterback who overcame adversity from last year and injury. This was supposed to be the shining moment -- there he is, L. Roberson -- in his career, and what happens? Twenty-four hours before the big game, a woman accuses him of sexual assault and the case has been spiraling from there.
Nelda, I'll let you weigh in first on this one.
BLAIR: Well, first...
CALLEBS: Did -- was this handled properly? Because the charges are not being pursued.
BLAIR: Exactly. That's exactly what I was going to say. He's not charged. He's accused. And when you are accused in this nation, you are innocent until you're proven guilty, even when you're charged. I do not think he should have been -- I mean he is allowed to play and he should have been allowed to play. I mean if he were later found completely innocent or this woman said well, I really decided differently, and his career were affected, then we'd all be sorry.
But let me say this from the other side, one other thing. This is an athlete.
CALLEBS: Right.
BLAIR: And a young athlete needs to be taught responsibility. This man had an 11:00 p.m. curfew and at 3:30 a.m. he's out with this woman before a game.
CALLEBS: Yes, and apparently, from some of the quotes from his teammates, this is a coach who, throughout the year, had repeatedly stressed obey curfew, don't do anything stupid, stay away from women and do not put yourself in this situation.
Lida, any concern -- I guess some people are talking about it -- that maybe since this was a star athlete, and sports pages read more like a police blotter these days, that the cops are going more lightly on him?
RODRIGUEZ-TASEFF: Absolutely not. What the cops did here was absolutely appropriate. They said this is an accusation, we're investigating it and, you know, it's up to the prosecutor to file charges. I think the interesting thing here is how this got out. According to the cops, the reason that this story got out is that they put out a press release only after media inquiries. If that holds out to be true, then they behaved appropriately.
If it is not true, then shame on the police for putting the spotlight on an accusation just because this is an athlete.
CALLEBS: And Roberson is not out of the woods yet. It goes to the Maricopa County attorney's office and he, theoretically, could still pursue charges.
BLAIR: Right.
CALLEBS: And I think we've all read stories about the sheriff from that area. Could, is there any way he could lean on folks and say let's take another look at this?
Nelda?
BLAIR: Well, sure he could. And, also, you know, there's medical evidence that they are testing. And that's not come back yet. So when we find out if perhaps there's more than we know right now, there may be some charges filed. It's, you're right, he's not out of the woods yet. The case is not over yet.
CALLEBS: Lida, what about the school letting him not only play in the game, but issuing a comment saying there's no evidence of a crime and the accusations were simply "not just?" Did the school do the right thing stepping up to the plate, very quickly?
RODRIGUEZ-TASEFF: Well, that's their athletic opinion. Clearly, they did the right thing by allowing him to play until he is charged with a crime or arrested. There is no reason why he should be deprived of the ability to play. So the issue for the school was whether or not he violated football regulations or their policies. They determined that it was OK for him to play. That was their issue.
Now, you know, going out and saying well, we don't think he committed a crime, that's a little much. That's not their call. Certainly the fact that they allowed him to play was more than fair.
CALLEBS: OK, Lida Rodriguez-Taseff, a civil rights attorney, joining us from Miami, I'm sure this is a story we'll be hearing more about in the coming days. And, as always, a pleasure, both of you. Nelda Blair, a former prosecutor in Texas, we appreciate it.
BLAIR: Thank you.
RODRIGUEZ-TASEFF: 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
