Court TV Host: Hello everyone. We're going to be talking to Court TV's newest anchor, Roger Cossack about Florida v. Kipp, the case of an ex-cop facing capital murder charges for the shootings of his wife and her friend. Welcome, thanks for being our guest!

Roger Cossack: Hello to everybody.

Question from sunday: Roger, please give me your thoughts on this trial.

Question from ctv_warhorse2: Welcome to the CTV Anchor line up! We are glad to have you on air. Give us your thoughts on the Kipp trial. Do you think the prosecution is presenting a strong case?

Roger Cossack: The defense has a difficult way to go in this trial. They must convince the jury that although Kipp went to his wife's apartment with a gun, and apparently quite angry, he was not the instigator of this double homicide. They are trying to show that police officers, buddies of the victim Jeffrey Klein, tried to stash Klein's gun in his truck so that investigators wouldn't find it. I think this is a hard way to go.

Question from goober: Is it effective to argue both "heat of passion" and self-defense as a defense?

Roger Cossack: It can be. Apparently the defense is claiming that even though Kipp had momentarily lost his mind he still was defending himself from Klein. Doesn't sound right, does it?

Question from Richard: I know, Roger. But cannot believe that an officer would leave his gun on the seat of his truck while inside having sex with someone.

Roger Cossack: Maybe he was in a hurry.

Question from lynj65: Premeditation can be formed in just seconds according to the legal definition. Will the jury be told that in their charge?

Roger Cossack: Yes, you are correct. Pre-meditation can be formed in an instant, and the jury will be told that.

Question from klowne: If the jury finds heat of passion, does Kipp get off scott free?

Roger Cossack: No. They must find that he was in a state that he was unable to tell right from wrong. Simply being angry and furious is not enough to be considered not guilty by insanity under the law. No matter what your state of mind is, at that moment you must be unable to tell right from wrong.

Question from massviewer: Won't the defense irritate the jury with the 'red herring' of sloppy police work?

Roger Cossack: Hard to say how a jury will react to any defense. I think that the defense has a hard way to go in this trial, but the defense lawyers have to work with the facts they have. I think it may be difficult for this jury to get over the facts that they absolutely know, which is that Kipp walked into that house and started shooting. No one disagrees with that.

Question from Marj: It seems hard to believe that Kipp could have fired so many shots, yet not been hit at all himself. Do you think the jury will buy this?

Roger Cossack: This is a problem for Kipp, but remember Klein was shot 6 or 8 times. Many of the shots fired point blank. It seems, at least the theory is, that he shot Klein first in the back. And then shot him several times, almost point blank from the front. That doesn't sound like self-defense.

Question from wenoyetstildeny: He was an officer, was trained to deal with situations where high levels of emotions are involved.

Roger Cossack: Even police officers , as we have seen time and again, can let their emotions get the best of them. No one is immune from stress.

Question from massviewer: What makes this case a 'capital case'?

Roger Cossack: The death of two people.

Question from maggie: how significant is it going to be that the truck wasn't searched and the gun logged at that time rather than being given to the family

Roger Cossack: That will become only significant if the jury has reason to believe that perhaps a cover-up is going on. The police have tried to explain through their testimony so far that they did not act in any unusual manner in not searching Klein's vehicle. If the jury believes there's a cover-up, the fact that they didn't search the vehicle will become important.

Question from massviewer: Do you think Kipp has to testify?

Roger Cossack: The decision of whether or not a defendant testifies in any criminal case is always a tough one. Remember, the prosecution must prove its case beyond a reasonable doubt, and the defense must prove nothing. The question a defense lawyer must decide is whether or not his client must testify. I think that juries today are more sophisticated about whether or not a defendant must testify. As you all know, the judge instructs the jury that they may not draw negative inferences against the defendant for his failure to testify. Years ago, if someone took the fifth and didn't testify, they were automatically believed to be guilty or hiding something. I do not believe that juries feel that way today.

Question from lynj65: Couldn't the jury just as easily believe that Kipp had two guns as they might believe that Klein had a spare gun besides the 40 mm in the truck?

Roger Cossack: A jury can believe whatever they wish to believe. Remember, there were no weapons found inside the house. However, I do not believe that either side is urging the theory that Kipp had two weapons.

Question from ctv_warhorse2: Do you think the officer not writing a report on the finding the gun for 11 months will be a big factor?

Roger Cossack: It could be. Again, this will depend on whether the jury believes there was a cover-up by the police.

Question from Marj: Were you surprised that the prosecution sought the death penalty in a domestic-type crime? Is it because Klein was a police officer (even though off-duty)?

Roger Cossack: No, I think the reason that the prosecution has asked for the death penalty is because it's a multiple murder.

Question from lynj65: Knowing Kipp's temper would YOU put him on the stand if he were your client?

Roger Cossack: I always started when I did defense work with the presumption that my client was going to get no closer to the witness stand that sitting next to me at counsel table. It was only in rare occasions that I found my client's testimony helpful to his defense.

Question from MLO: if he is found guilty will there be a separate sitting to determine whether the death penalty will be invoked?

Roger Cossack: Yes, there will be. The jury will decide what the penalty will be.

Court TV Host: Any closing thoughts?

Roger Cossack: Thanks for all your questions. I look forward to doing this again with you.

Roger Cossack: I can tell I'm dealing with a very sharp and trial-savvy audience.

Court TV Host: Thanks to everyone for stopping by.