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CNN Live Sunday

Legal Analysis Of Michael Jackson Situation

Aired November 23, 2003 - 16:22   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.


CATHERINE CALLAWAY, CNN ANCHOR: Well, for more legal insight on what could well be the trial of the decade, Michael Jackson's child molestation case, we're joined from Miami by former U.S. attorney Kendall Coffey, who is now in private practice. Kendall, it's great to have you on today.
KENDALL COFFEY, CNN ANCHOR: Great to be with you, Catherine.

CALLAWAY: This Michael Jackson case, the charges that they're discussing that will be levied against him, how difficult will they be to prosecute, because isn't it largely based on intent?

COFFEY: Exactly. It's no slam dunk by any means. We talked about, for example, in the Kobe Bryant case the prosecution challenges of the he said, she said. This, Catherine, is an adult said, child said case where the intent, the lewd, the lascivious the sexually oriented intent is critical.

It's going to be very important to see what happens in the coming days. Did the prosecution find during the search evidence within Neverland to indicate, for example, that he has a sexual rather than an innocent interest in children? And the other question is going to be are any other alleged child victims going to come forward?

CALLAWAY: All right. But it looks like this case is going to be based largely on testimony from this 13-year-old.

COFFEY: That's right. And again, if it's an adult said versus child said, not an easy case by any means.

CALLAWAY: Will he be under scrutiny? Will his family history be under scrutiny and will that help him or hurt him? I believe he's a cancer victim as well.

COFFEY: Well, unfortunately, a lot of the issues about the alleged victim will be examined. In particular, whether or not, because the case is going to rest on the testimony of a child perhaps, whether or not this child has ever had any history that could indicate exaggeration, problems of perception, even his medical treatment, the kind of medications he's on could be a factor.

CALLAWAY: And Jermaine Jackson, we heard him say on CNN's air, what he called a modern day lynching, which of course brings up race. Is this going to be a factor in this trial? And what kind of effect would it have?

COFFEY: Well, the family members are understandably very upset and coming to the defense of Michael Jackson. But I don't believe there's any evidence that the prosecution is motivated by race. What they're motivated by, I think, is an accusing witness and the very unusual history and interest of Michael Jackson. He's not an ordinary kind of a guy. Whether it's innocent or not, it's certainly something that prosecutors are going to be concerned about.

CALLAWAY: But that brings up the D.A. himself, who is now under scrutiny, some of his actions being questioned, even asking if there's anyone out there with allegations to bring them forward. What are your thoughts on that?

COFFEY: Well, that's standard law enforcement. You always want to say if an investigation's ongoing, we encourage witnesses to come forward. But the other question is going to be could the D.A. be an issue himself? The allegations of personal vendetta are very common, but here you've got an unusual history, and let's face, it it's not every D.A. in America that's had a mega superstar record that basically is dissing the D.A.

CALLAWAY: And once that happens, once the suspect and his supporters are bringing up the D.A. and that becomes part of the case, should he not recuse himself and have someone else handle the case?

COFFEY: Well, I think he's going to look at that down the road. Right now it's easy to look at this as standard stuff. How many times have we heard at the beginning of the case that somebody says it's a personal vendetta? But if that allegation gets legs by the time of trial, the D.A. May very well have to consider whether or not he wants to be one of the issues in the trial where the really important issue is putting the evidence forward and getting a fair decision from the jury.

CALLAWAY: And isn't it premature for attorneys like Gloria Allred to be already calling for Jackson's children to be taken away?

COFFEY: Well, you know, as the sheriff himself said, there is a presumption of innocence in this society. I don't think it would be inappropriate for child protective services to undertake some kind of initial inquiry. They could certainly interview the children. But to say without any evidence that the children themselves are in peril or in jeopardy, that they can be taken away, is not accurate. In fact, it would require what amounts to a separate civil litigation over the unfitness of Michael Jackson as a father.

CALLAWAY: All right, Kendall. Thank you for setting us straight. Kendall Coffey. Good talking with you. Hope to see you soon.

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 23, 2003 - 16:22   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CATHERINE CALLAWAY, CNN ANCHOR: Well, for more legal insight on what could well be the trial of the decade, Michael Jackson's child molestation case, we're joined from Miami by former U.S. attorney Kendall Coffey, who is now in private practice. Kendall, it's great to have you on today.
KENDALL COFFEY, CNN ANCHOR: Great to be with you, Catherine.

CALLAWAY: This Michael Jackson case, the charges that they're discussing that will be levied against him, how difficult will they be to prosecute, because isn't it largely based on intent?

COFFEY: Exactly. It's no slam dunk by any means. We talked about, for example, in the Kobe Bryant case the prosecution challenges of the he said, she said. This, Catherine, is an adult said, child said case where the intent, the lewd, the lascivious the sexually oriented intent is critical.

It's going to be very important to see what happens in the coming days. Did the prosecution find during the search evidence within Neverland to indicate, for example, that he has a sexual rather than an innocent interest in children? And the other question is going to be are any other alleged child victims going to come forward?

CALLAWAY: All right. But it looks like this case is going to be based largely on testimony from this 13-year-old.

COFFEY: That's right. And again, if it's an adult said versus child said, not an easy case by any means.

CALLAWAY: Will he be under scrutiny? Will his family history be under scrutiny and will that help him or hurt him? I believe he's a cancer victim as well.

COFFEY: Well, unfortunately, a lot of the issues about the alleged victim will be examined. In particular, whether or not, because the case is going to rest on the testimony of a child perhaps, whether or not this child has ever had any history that could indicate exaggeration, problems of perception, even his medical treatment, the kind of medications he's on could be a factor.

CALLAWAY: And Jermaine Jackson, we heard him say on CNN's air, what he called a modern day lynching, which of course brings up race. Is this going to be a factor in this trial? And what kind of effect would it have?

COFFEY: Well, the family members are understandably very upset and coming to the defense of Michael Jackson. But I don't believe there's any evidence that the prosecution is motivated by race. What they're motivated by, I think, is an accusing witness and the very unusual history and interest of Michael Jackson. He's not an ordinary kind of a guy. Whether it's innocent or not, it's certainly something that prosecutors are going to be concerned about.

CALLAWAY: But that brings up the D.A. himself, who is now under scrutiny, some of his actions being questioned, even asking if there's anyone out there with allegations to bring them forward. What are your thoughts on that?

COFFEY: Well, that's standard law enforcement. You always want to say if an investigation's ongoing, we encourage witnesses to come forward. But the other question is going to be could the D.A. be an issue himself? The allegations of personal vendetta are very common, but here you've got an unusual history, and let's face, it it's not every D.A. in America that's had a mega superstar record that basically is dissing the D.A.

CALLAWAY: And once that happens, once the suspect and his supporters are bringing up the D.A. and that becomes part of the case, should he not recuse himself and have someone else handle the case?

COFFEY: Well, I think he's going to look at that down the road. Right now it's easy to look at this as standard stuff. How many times have we heard at the beginning of the case that somebody says it's a personal vendetta? But if that allegation gets legs by the time of trial, the D.A. May very well have to consider whether or not he wants to be one of the issues in the trial where the really important issue is putting the evidence forward and getting a fair decision from the jury.

CALLAWAY: And isn't it premature for attorneys like Gloria Allred to be already calling for Jackson's children to be taken away?

COFFEY: Well, you know, as the sheriff himself said, there is a presumption of innocence in this society. I don't think it would be inappropriate for child protective services to undertake some kind of initial inquiry. They could certainly interview the children. But to say without any evidence that the children themselves are in peril or in jeopardy, that they can be taken away, is not accurate. In fact, it would require what amounts to a separate civil litigation over the unfitness of Michael Jackson as a father.

CALLAWAY: All right, Kendall. Thank you for setting us straight. Kendall Coffey. Good talking with you. Hope to see you soon.

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