Kendall Coffey on the Rights of Life

Flickr CC via Mercy Health

Kendall Coffey discussed a case in Texas with Steve Malzberg last week.  There is a law in Texas that is keeping a woman on life support because she is 14 weeks pregnant. Here is Kendall Coffey's commentary on the case:

The family is frustrated with the law, and they’re considering whether to in affect file a court challenge.  The essence of the court challenge would be that she has this tragically impaired woman has some right of privacy to determine her own death with dignity.  What I haven’t developed in the law, and certainly, other people who are not carrying a human life inside them, no question can provide living wills that specify under certain conditions.  Such as when someone’s brain does not seem to have maintained cognitive ability, they have a constitutional right to terminate their life. 

This situation, though I haven’t seen a court that says she has the right to end her own life if it eliminates the life of an unborn child.  That is the decision that has to be accepted.  Nor do I know, and haven’t been able to find the details whether she still wanted her own life terminated if she were pregnant. Surely this is not a situation that they would have anticipated at the time that the directive was given, but I would suggest that from a constitutional standpoint, that she is being described as virtually brain dead, it seems to be that there has to be a greater respect for the life of the unborn child, where her own life is irretrievably damaged.

This is not the normal situation of a Roe v. Wade where you have a healthy vibrant person who is in full possession of their power and chooses to invoke a decision of their constitutional right to privacy.  This is someone who is no longer capable of making any decision at all.  So in that situation, do you override the laws of Texas, which says that if there is an ability to keep an unborn fetus alive to maturity then that is what the law requires?  It’s very different than some the cases we’ve been talking about.

I think it’s a fundamentally different question if the woman is pregnant, and I don’t know if there is any evidence that she said she would want to be taken off of life support even with an unborn child.  There’s a lot of discussion between balancing the rights of a woman and the later months in pregnancy.  It’s a much more difficult question when the only life that is able to be saved is that of the child.

Kendall Coffey on Elian Gonzalez Interview

Kendall Coffey- Elian Gonzalez

When Elian Gonzalez was six years old, he was fighting to stay in the United States, according to most who knew them.  Kendall Coffey was a U.S. attorney at the time of the high profile case.  Eventually Gonzalez went back to Cuba, where his father resides. 

In a recent interview with Cuban media, Elian Gonzalez denounced the United States government as imperialist and said that anti-Cuban freedom fighters only caused harm and pain.  Kendall Coffey told Steve Malzberg on Newsmax that his words were straight from the mouth of the Cuban government. 

“He was very happy to be in the United States when he was here," said Kendall Coffey.

"Of course he wanted his father to be with him, but he was very happy to be here at the time. We predicted at the time that he would become a trophy of the Castro regime, and that he would be indoctrinated and be fed a script of whatever the regime wanted him to say.  You and listeners can decide whether that prediction has come to pass. With respect to his mother, which is someone who we all feel very strongly about, she sacrificed her life to bring her son to freedom.  Many have lost their lives to come here and it’s a reminder of how incredibly lucky we are to live in the United States, because 90% of the rest of the world would give most anything to be here where you and I walk and breathe and enjoy life everyday.”

Some speculate that the Elian Gonzalez interview was an attempt by Cuba to start negotiations to free five men convicted of espionage in Miami.  Gonzalez called for President Obama to pardon them in the piece.  

Gonzalez was found near the shores of Florida in 1999, after a boat escaping Cuba had capsized and killed most of the passengers, including Gonzalez' mother.  Relatives in the United States fought to keep Gonzalez, but he was eventually sent back to Cuba.

Kendall Coffey on Spike Lee Tweet Lawsuit

Former U.S. Attorney Kendall Coffey appeared on the Steve Malzberg Show last week to discuss current legal cases.  One of the cases involved a family that is suing film maker Spike Lee.  Lee posted an address on Twitter that he claimed was the address of George Zimmerman, the man who shot Florida teen Trayvon Martin.  The address was incorrect, however, and the couple actually at the posted address recieved threatening letters and harassment.

Spike Lee tweeted an address he thought was George Zimmerman's

The George Zimmerman case gained a lot of attention from racial equality advocates and Lee was likely trying to incite the harassment directed at Zimmerman.  The couple is suing Spike Lee for either defamation or intentional infliction of emotional distress.  Kendall Coffey explained that while the case is sympathetic there may not be enough legal grounds for the lawsuit.

"People who value the law as you and I do like to say that for every wrong there must be a remedy.  This certainly seems like a wrong, at least the way it’s presented by the plaintiffs.  And one might think there must be some kind of remedy if indeed they suffered what we understand could well have been a firestorm of threats and abuse. 
"But a few years back the Supreme Court of Florida decided that the kind of claim for what they call violation of privacy, putting somebody or casting somebody in a false light through publicity that’s damaging, that by itself is no longer, in the state of Florida, a valid basis to bring a claim for damages. 
"What these individuals would have to claim is either something called intentional infliction of emotional distress, and it’s hard to think that they can show enough intentionality.  Maybe they can on the part of Spike Lee.  Or, they can present it as a claim of defamation, maybe they can get somewhere.  But, despite what makes us all sympathetic, if indeed what happened here is as they describe it, I’m not convinced they’re going to get to first base, and certainly not to second base, in terms of a lawsuit.  Given that the decision the Supreme Court of Florida made, which actually gives less protection for individuals whose privacy rights are invaded and are wrongly subjected to negative publicity.”

Kendall Coffey: Abortion Law has Political Agenda

Abortion Bill protest in Austin/ Flickr CC via Do512

A new law in Texas includes some of the toughest restrictions on abortion in the country.  The legal battle over the legality of some of the rules has been fierce.  Last week a judge ruled that the law would prevent a woman's right to an abortion and blocked its implementation.  Another court refuted that several days later.

The biggest issue in the law requires doctors that perform abortions to have admitting privileges at a hospital within thirty miles of the site. Another provision bans abortions after twenty weeks, except if the health of the woman is in danger. If a pregnant woman wants to induce an abortion by taking a pill, the state will require the pills to be taken in the presence of a doctor at a certified abortion facility. Lastly, beginning next September, all abortions must take place in a facility that meets the infrastructure requirements for an ambulatory surgical center.

Steve Malzeberg asked Kendall Coffey about the Texas law during the weekly "Spinning the Law" segment on the Steve Malzberg Show on Newsmax.  Malzberg commented on the requirement for doctors to have hospital practice privileges.  This is what Kendall Coffey said:

 

“That is certainly one of the issues.  Advocates of the law would say that abortion doctors had to be admitted with privileges in a nearby hospital, within thirty miles.  As you know, one of the things that establishes a credential for a doctor is to be granted privileges to practice in a local hospital.  It’s not automatically done, it’s not rightly done, it’s not as easy, frankly, as getting admitted to the state bar association.  It’s a significant validation of your professionalism and ability to grant the privileges to practice in a hospital.   

"Apparently a number of the doctors that perform this kind of procedure don’t have those privileges within thirty miles.  The Texas legislature has said that it’s a requirement and the judge following what is the law as of today presumably made the right decision of the existing law but advocates of these kind of laws, they aren’t simply trying to thumb their nose at the U.S. constitution.  They have a very thoughtful strategy for picking particular issues.  This is a type of strategy that no one should dismiss.  The outcome of this particular issue at the lower court level is not surprising.  But what’s going to happen when it gets to Washington and the nine Supreme Court justices will look at it? That’s much harder to predict.”

Wendy Davis/ Flickr CC via Do512

The law received the most media attention when legislator Wendy Davis performed a marathon filibuster to try and prevent it from being passed.  Wendy Davis is now running for governor of Texas.

Kendall Coffey on Teen Murderers

Danvers, MA/ Flickr CC via Jimmy Emerson

Kendall Coffey appeared on the Steve Malzberg show for his regular "Spinning the Law" segment last Friday.  Malzberg asked Coffey about two grisly murders in the news, one recent and one resurfaced case from decades ago.  Both murders were committed by juvenile offenders, but both could serving out long sentences as adults.  

Colleen Ritzer, a 24 year old teacher in Danvers, Massachusetts,  was slain earlier this month.  Her body was found in the woods near the high school where she taught math.  A 14 year old student, Philip Chism, has been charged with her murder.  Chism is currently being held without bail and will be tried as an adult.  Steve Malzberg asked Kendall Coffey about the legal perspective of trying teenagers who commit violent crimes as adults.

The other murder discussed was the appeal of Michael Skakel, a nephew of Robert Kennedy, serving prison time for a murder committed over 30 years ago.  Skakel is appealing on the ground of ineffective assistance from his defense attorney.  The murder of Martha Moxley occurred when Skakel was 15.

“The perspective of the law has shifted quite a bit over the last 30 years.  It’s not just about the so-called alleged offender, but the victims.  This 24 year old teacher was apparently was absolutely loved, appreciated and respected, and there’s no difference in a brutal murder whether it was a child or an adult," said Coffey.

The former U.S. attorney Kendall Coffey continued, "That’s part of the perspective, but the other thing is just recognition that young offenders commit terrible crimes and seem capable of making the choices.  Over the years, it used to be that the average killer was in their twenties.  Now a lot of alleged killers are in their teens.  So the system, to really deal with that kind of threat needs to recognize that someone who is able to carry out a brutal premeditated plan like this has the sufficient capabilities to be accountable as an adult.”

See the video of the interview below.  
 

Kendall Coffey Talks Bullies and Prisons on News Max TV

Kendall Coffey appeared on the Steve Malzberg show last week on October 18 to discuss legal cases such as the Rebecca Sedwick suicide in Florida and the California Supreme Court ordering reductions of prison populations.

Malzberg asked Kendall Coffey about the Polk County Sheriff's investigation into the parents of two alleged bullies. Twelve year old Rebecca Sedwick committed suicide last month. It is believed her death was caused by continual harassment from peers, primarily online. Police arrested two girls, 12 and 14, in connection with the case. When parents did not appear to comply with authorities requests to keep the girls off of social media, the sheriff decided to launch investigation into liability of the parents.

While Coffey expressed that the parents involvement is not the best example of parenting, the Florida attorney insisted that no crime has been committed.

She the whole video of Kendall Coffey on The Steve Malzberg Show below 

August 15th Spinning the Law with Kendall Coffey

A new Spinning the Law Segment featuring Kendall Coffey on the Steve Malzberg Show was released this week.  Kendall Coffey appears on the show to answer questions about a recent New Mexico Supreme Court ruling and about Eric Holder's statements on drug crimes.


The state supreme court in New Mexico recently ruled that citizens who are native Spanish speakers still have a right to serve on a jury even if they do not have a strong grasp of English.  The case involved a convicted murderer's appeal based on the dismissal of a juror who did not have strong understanding the language.

Kendall Coffey notes that while it is a constitutional right, he was baffled and confused that the court would not see language barriers as grounds for dismissal.

"This is more than a head scratcher... this has got your jaw dropping and your eyes rolling.  The constitutional right to a fair trial, where everybody completely understands the proceedings at every level is vitally important. And you know... the one thing we agree with opposing counsel on is... if there is any indication that a juror does not truly understand and is comfortable with the English language, you can be assured that's the one thing that both sides agree on!  It just doesn't help the system of justice to have it." -Kendall Coffey on New Mexico court ruling.

Steve Malzberg then asked Coffey his opinion on Attorney General Eric Holder's remarks on Monday about how federal prosecutors will stop seeking mandatory sentences for drug offenses.  Some have said that instructing federal prosecutors to ignore the law is illegal in and of itself.  Kendall Coffey said that in general federal prosecutors generally have a lot of discretion in which cases to try.  He went on to say that the war on drugs has been too downplayed in recent years.

"Crime is down, and certainly back in the 90's and 80's, there has been an astronomical correlation between street crime and drugs.  So much so that they would test people when they picked up off the streets and remarkable percentage of people were positive for using drugs at the time of the crime... We have had success with in enforcement, and its a success that's been consistent.  I suppose you could say its harsh... but to have something that's effective, what really needs to come across, is there needs to be a serious punishment each time, every time."

Kendall Coffey went on to say he is probably in the majority of that opinion but stands by it.  Steve Malzberg agreed with Coffey, saying that people who knowingly break the law need to face consequences. 

Kendall Coffey "Spinning The Law" segment on Newsmax TV

Former U.S. Attorney Kendall Coffey will now appear in a new weekly segment called “Spinning The Law.” The segment which runs on Newsmax TV’s “The Steve Malzberg Show” provides legal commentary and insights on high profile cases just like Coffey’s book also titled “Spinning The Law.”

In the first segment of “Spinning The Law”, Malzberg and Coffey discuss recent comments made by former Supreme Court Justice Sandra Day O Connor over the Florida Election recount of 2000. In an interview with the Chicago Tribune, O’Connor expressed regret over the Bush vs. Gore ruling.

“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”

Kendall Coffey said he disagrees with the Supreme Court’s decision but it isn’t a good look for the image of the court to be second-guessing itself. He believes the system has to move on.

“It’s all about accepting and respecting their decisions and accepting finality when it’s a final decision. I appreciate her candor, but I’m not sure if it’s a great thing for the institution of the Supreme Court,” said Kendall Coffey.

Coffey and Malzberg also discuss the possibility of capital punishment in the Boston Marathon bombing case and California’s new legislation that could potentially make non-citizens eligible for jury service.

Watch the rest of the “Spinning The Law” segment here.