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CNN Live Sunday

Interview With Kendall Coffey

Aired April 20, 2003 - 18:00   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.


SOPHIA CHOI, CNN ANCHOR: Right now Scott Peterson is in a California jail cell awaiting charges that he murdered his pregnant wife Laci and their unborn son Conner.
We are waiting a news conference from the Stanislaus County Sheriff's Department, and in the meantime, we want to talk with our David Mattingly, who is on the telephone.

We have him live, and we'd like to go to him now. David, I understand that "TIME" magazine obtained an exclusive online interview with Scott's biggest defenders, his parents, and you have more on that.

DAVID MATTINGLY, CNN CORRESPONDENT: That's right, Sophia. His parents coming out today, possibly laying the groundwork for his public defense.

Right now we're standing shoulder to shoulder here outside the county courthouse. Waiting for a representative from the sheriff's department to come out here and brief us on what may be going on as Scott Peterson remains incarcerated here at the jail.

In the meantime, his parents speaking out for the first time since his arrest, obviously very angry about the way this investigation has been carried out, and upset with investigators with some comments that have been made recently.

In fact, "TIME" magazine quoting Scott's mother, Jackie Peterson, saying you have a district attorney calling this a slam-dunk before there's even an arraignment. I'm feeling like I'm living in Nazi Germany or the Soviet Union.

Then his parents went on to say that he's not been a flight risk, as characterized by authorities and they've also been critical of investigators for not paying more attention to what they felt were more credible Laci sightings that should have deserved, they believe, more attention as opposed to all the attention that was given to finding evidence against their son.

In fact, Scott's father also reaching out to Laci's family, also telling "TIME" magazine in another quote, "Our family is just as devastated, and we feel an equal amount of pain for the Roche family, but our son is innocent. We know that and we've know it from day one."

Of course, from day one there's been a tremendous amount of feeling, concern for Laci Peterson here in Modesto -- that feeling today manifesting itself in the front yard of the house she shared with her husband Scott.

So many items being left behind by well-wishers. Now just look, this is right out in their front yard, people, strangers from all over, leaving all kinds of flowers, cards, and baby items. Remembering Laci and her unborn son.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Because it's horrible what happened, and this sort of puts an ending to it. My wife's been feeling real bad regarding it and I think this brings us all together.

(END VIDEO CLIP)

MATTINGLY: And, Sophia, everyone might be getting tired of looking at this microphone stand right now, but this is where the story is going to move from here on. Waiting for a spokesperson from the County Sheriff's office to come out here and talk to us.

Scott still incarcerated here at this jail. He's been segregated from the general population for his own protection. He's in a six by nine foot cell, by himself, and we hope to get a few more details about what he's doing and possibly about what visitors he may be expecting while he's here -- Sophia.

CHOI: OK, David, we will go back to you when that news conference begins. In the meantime, let's talk a little more about this case.

Prosecutors haven't said whether they will seek the death penalty against Scott Peterson in a case the California Attorney General is now calling a slam-dunk, as you heard David Mattingly just refer to.

Kendall Coffey is a former U.S. Attorney now in private practice in Miami. He joins us now to talk about what it's like to defend someone in a case that's received so much publicity.

Thanks so much for joining us. I want to get your reaction, real quick, to what Scott Peterson's family is saying. We had -- we have some graphics that we want to put up for you.

One quote, you have a district attorney calling this a slam-dunk before there is even an arraignment. "I'm feeling like I'm living in Nazi Germany or the Soviet Union." That from Jackie Peterson, Scott Peterson's father (sic).

They went on to say it's another smear on him, that he was going to run into Mexico, and how ridiculous, the kid lives here, they run him out of Modesto, he can't use his home, they've got his car, where's he supposed to go, he came to us and he was not running."

That from Lee Peterson, Scott Peterson's father.

What's your reaction to the Peterson's coming out and saying these types of statements? Is it a smart thing to do at this point?

KENDALL COFFEY, FORMER U.S. ATTORNEY: It's understandable, the words of anguished parents. No one can blame them for feeling as they do.

On the other hand, what they're hearing about is some very, very difficult evidence to over come. Whether they think it's a flight risk or not, he had $10,000 reportedly in cash, was changing his appearance, and yes, he was fairly close to Mexico at the time.

And whether or not this is a slam dunk, it's clear that the prosecution thinks they have a strong case and I think we're going to hear more, perhaps in a little, while if not in the coming days, about some of the things that haven't been publicly reported that constitute some of the evidence in the case against Scott Peterson.

CHOI: From what you've seen about this case, does the prosecution have enough evidence to call this a slam-dunk case?

COFFEY: They have a good case. What I assume we're going to see that takes it from being a good circumstantial case to being a slam- dunk might be some of the results of the analysis they have been doing all along.

They impounded the boat; they impounded the Ford pickup truck of Scott Peterson. They've been going through that microscopically with forensic testing. We may find out what if anything they've found. They did a two-day search in mid-February taking out 50 bags of evidence.

We don't know what that's going to disclose but if they get some additional circumstances in addition to what's already publicly reported, it's going to be a very strong case.

CHOI: Do you think that Scott Peterson has been his own worst enemy in this case so far?

COFFEY: Well, I think he is definitely dug himself in a very deep crater. It begins with the fact that he is the one that places himself at the same area where the bodies were found.

He is the one that was very specific in saying he had gone to that marina and of course as we now know that was within a couple of miles of where the bodies were found.

The other thing he did is he lied. He lied about the affair, he's probably lied based on what the police are suggesting on a number of other things.

And the last thing somebody should do if they really are innocent is lie about anything -- big things, small things -- it all strongly suggests that you're guilty if you're lying about some of the details along the way.

CHOI: Weighing all of those things, if you're his defense attorney, how do you defend him? COFFEY: Well, first of all, you shut him up, which I think the police have done by arresting him.

Second, you pick it apart. If at the end of the day it's a circumstantial case, you find some kind of explanation, which you suggest to the jury, for everything.

He dyed his hair not because he was running to Mexico, but because he was tired of being harassed by the press. He was out fishing, he didn't have anything to do with the death -- in fact, he wouldn't have told the world that he was fishing in the same location where the bodies were left.

He will have and we will hear an explanation for everything. Whether those explanations add up to a reasonable doubt, though, is going to be a very difficult question for the defense.

CHOI: What about the prosecutions case? Any weaknesses that you can see at this point?

COFFEY: It looks strong, but I think what is going to be more difficult for the prosecution if they have no evidence, forensically, through DNA, that puts Laci Peterson on the truck at around the time of December 24 on the boat then some of what seemed to be the very strong points, again, the very strongest thing is that Scott Peterson was fishing on December 24 the same place where the bodies turned up.

But if the prosecution can't get some additional specifics, some of the muddy areas in this are going to be more difficult and remember; this is not the strongest case in the world with respect to motive.

He seemed, according to witnesses, friends and family, to be excited about the upcoming birth of their son Conner. He does not fit the profile of your classic murderer, by any means.

CHOI: Kendall Coffey, it was nice chatting with you. Kendall Coffey, former U.S. Attorney now in private practice in Miami. Glad to have your thoughts on this case. Thanks.

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 April 20, 2003 - 18:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOPHIA CHOI, CNN ANCHOR: Right now Scott Peterson is in a California jail cell awaiting charges that he murdered his pregnant wife Laci and their unborn son Conner.
We are waiting a news conference from the Stanislaus County Sheriff's Department, and in the meantime, we want to talk with our David Mattingly, who is on the telephone.

We have him live, and we'd like to go to him now. David, I understand that "TIME" magazine obtained an exclusive online interview with Scott's biggest defenders, his parents, and you have more on that.

DAVID MATTINGLY, CNN CORRESPONDENT: That's right, Sophia. His parents coming out today, possibly laying the groundwork for his public defense.

Right now we're standing shoulder to shoulder here outside the county courthouse. Waiting for a representative from the sheriff's department to come out here and brief us on what may be going on as Scott Peterson remains incarcerated here at the jail.

In the meantime, his parents speaking out for the first time since his arrest, obviously very angry about the way this investigation has been carried out, and upset with investigators with some comments that have been made recently.

In fact, "TIME" magazine quoting Scott's mother, Jackie Peterson, saying you have a district attorney calling this a slam-dunk before there's even an arraignment. I'm feeling like I'm living in Nazi Germany or the Soviet Union.

Then his parents went on to say that he's not been a flight risk, as characterized by authorities and they've also been critical of investigators for not paying more attention to what they felt were more credible Laci sightings that should have deserved, they believe, more attention as opposed to all the attention that was given to finding evidence against their son.

In fact, Scott's father also reaching out to Laci's family, also telling "TIME" magazine in another quote, "Our family is just as devastated, and we feel an equal amount of pain for the Roche family, but our son is innocent. We know that and we've know it from day one."

Of course, from day one there's been a tremendous amount of feeling, concern for Laci Peterson here in Modesto -- that feeling today manifesting itself in the front yard of the house she shared with her husband Scott.

So many items being left behind by well-wishers. Now just look, this is right out in their front yard, people, strangers from all over, leaving all kinds of flowers, cards, and baby items. Remembering Laci and her unborn son.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Because it's horrible what happened, and this sort of puts an ending to it. My wife's been feeling real bad regarding it and I think this brings us all together.

(END VIDEO CLIP)

MATTINGLY: And, Sophia, everyone might be getting tired of looking at this microphone stand right now, but this is where the story is going to move from here on. Waiting for a spokesperson from the County Sheriff's office to come out here and talk to us.

Scott still incarcerated here at this jail. He's been segregated from the general population for his own protection. He's in a six by nine foot cell, by himself, and we hope to get a few more details about what he's doing and possibly about what visitors he may be expecting while he's here -- Sophia.

CHOI: OK, David, we will go back to you when that news conference begins. In the meantime, let's talk a little more about this case.

Prosecutors haven't said whether they will seek the death penalty against Scott Peterson in a case the California Attorney General is now calling a slam-dunk, as you heard David Mattingly just refer to.

Kendall Coffey is a former U.S. Attorney now in private practice in Miami. He joins us now to talk about what it's like to defend someone in a case that's received so much publicity.

Thanks so much for joining us. I want to get your reaction, real quick, to what Scott Peterson's family is saying. We had -- we have some graphics that we want to put up for you.

One quote, you have a district attorney calling this a slam-dunk before there is even an arraignment. "I'm feeling like I'm living in Nazi Germany or the Soviet Union." That from Jackie Peterson, Scott Peterson's father (sic).

They went on to say it's another smear on him, that he was going to run into Mexico, and how ridiculous, the kid lives here, they run him out of Modesto, he can't use his home, they've got his car, where's he supposed to go, he came to us and he was not running."

That from Lee Peterson, Scott Peterson's father.

What's your reaction to the Peterson's coming out and saying these types of statements? Is it a smart thing to do at this point?

KENDALL COFFEY, FORMER U.S. ATTORNEY: It's understandable, the words of anguished parents. No one can blame them for feeling as they do.

On the other hand, what they're hearing about is some very, very difficult evidence to over come. Whether they think it's a flight risk or not, he had $10,000 reportedly in cash, was changing his appearance, and yes, he was fairly close to Mexico at the time.

And whether or not this is a slam dunk, it's clear that the prosecution thinks they have a strong case and I think we're going to hear more, perhaps in a little, while if not in the coming days, about some of the things that haven't been publicly reported that constitute some of the evidence in the case against Scott Peterson.

CHOI: From what you've seen about this case, does the prosecution have enough evidence to call this a slam-dunk case?

COFFEY: They have a good case. What I assume we're going to see that takes it from being a good circumstantial case to being a slam- dunk might be some of the results of the analysis they have been doing all along.

They impounded the boat; they impounded the Ford pickup truck of Scott Peterson. They've been going through that microscopically with forensic testing. We may find out what if anything they've found. They did a two-day search in mid-February taking out 50 bags of evidence.

We don't know what that's going to disclose but if they get some additional circumstances in addition to what's already publicly reported, it's going to be a very strong case.

CHOI: Do you think that Scott Peterson has been his own worst enemy in this case so far?

COFFEY: Well, I think he is definitely dug himself in a very deep crater. It begins with the fact that he is the one that places himself at the same area where the bodies were found.

He is the one that was very specific in saying he had gone to that marina and of course as we now know that was within a couple of miles of where the bodies were found.

The other thing he did is he lied. He lied about the affair, he's probably lied based on what the police are suggesting on a number of other things.

And the last thing somebody should do if they really are innocent is lie about anything -- big things, small things -- it all strongly suggests that you're guilty if you're lying about some of the details along the way.

CHOI: Weighing all of those things, if you're his defense attorney, how do you defend him? COFFEY: Well, first of all, you shut him up, which I think the police have done by arresting him.

Second, you pick it apart. If at the end of the day it's a circumstantial case, you find some kind of explanation, which you suggest to the jury, for everything.

He dyed his hair not because he was running to Mexico, but because he was tired of being harassed by the press. He was out fishing, he didn't have anything to do with the death -- in fact, he wouldn't have told the world that he was fishing in the same location where the bodies were left.

He will have and we will hear an explanation for everything. Whether those explanations add up to a reasonable doubt, though, is going to be a very difficult question for the defense.

CHOI: What about the prosecutions case? Any weaknesses that you can see at this point?

COFFEY: It looks strong, but I think what is going to be more difficult for the prosecution if they have no evidence, forensically, through DNA, that puts Laci Peterson on the truck at around the time of December 24 on the boat then some of what seemed to be the very strong points, again, the very strongest thing is that Scott Peterson was fishing on December 24 the same place where the bodies turned up.

But if the prosecution can't get some additional specifics, some of the muddy areas in this are going to be more difficult and remember; this is not the strongest case in the world with respect to motive.

He seemed, according to witnesses, friends and family, to be excited about the upcoming birth of their son Conner. He does not fit the profile of your classic murderer, by any means.

CHOI: Kendall Coffey, it was nice chatting with you. Kendall Coffey, former U.S. Attorney now in private practice in Miami. Glad to have your thoughts on this case. Thanks.

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