[Carol Lin, Cnn Anchor:] Sentencing hearings begin next month for Nathaniel Brazill. He is the Florida teenager convicted on a second- degree murder charge yesterday in the killing of his favorite teacher. Here is the verdict being read out loud in court.
[Unidentified Female:] Division V state of Florida vs. Nathaniel Brazill, defendant. Verdict: We the jury finds as follows: "As to count one, we find the defendant guilty of second-degree murder with a firearm, a lesser included defense, as contained in the indictment. We find that the defendant possessed, carried and fired a firearm in committing second-degree murder. As to count two, we find the defendant guilty of aggravated assault with a firearm as charged in the indictment. We find the defendant possessed or carried a firearm in committing aggravated assault." And it's marked "yes." "So say we all, the 16th day of May 2001, West Palm Beach, Palm Beach County, Florida." And it's signed by the foreperson, Mr. Simmons.
[Lin:] By going with the lesser charge of second-degree murder, it gives the judge in this case much wider latitude in terms of Nathaniel Brazill's final sentencing. I'm not sure if that piece of tape actually captured that moment in the courtroom which has been widely described as being incredibly emotional. Let's go right now to Marc Shiner. He was the prosecuting attorney in this case. He joins us this morning. Good morning, Mr. Shiner.
[Marc Shiner, Prosecutor:] Good morning, ma'am.
[Lin:] Can you describe what that moment was like as the moment was leading to hearing the actual verdict? What was the mood, the tension in the courtroom like?
[Shiner:] The tension was extremely high. It was obvious to everyone that this was an extremely emotional case from the very beginning. Everyone in that courtroom has lost something very valuable to them. Our community has lost something. And the tensions were the highest they can be at that point. It was a really, really tough moment for everybody.
[Lin:] You know, here I am talking to you the prosecutor. You know, people typically have a traditional picture of what a courtroom victory is like, with handshakes going all around. What do you say to people as they congratulate you in this case?
[Shiner:] It's not really proper, because absolutely nobody won in this case. No matter what the verdict was, whether it was first- degree murder, second-degree or something lesser, it would have made no difference. Every single person involved in this case, our community, our state, even our nation, we all lost. This is a terrifying incident that occurred and hopefully never gets repeated ever again.
[Lin:] So how is that sentiment likely to be reflected in the judge's final decision in Nathaniel Brazill's sentencing?
[Shiner:] We trust the judge. The judge is a learned judge who's been on the bench for a long time. He's seen all kind of tragedies in his career. And we expect him and fully have confidence in the court and Judge Wennet that he'll do the right thing.
[Lin:] What do you think the right thing is? What is the appropriate sentencing in this case?
[Shiner:] It wouldn't really be fair for us to prejudge that now. There's a lot that goes into a recommendation that we're going to make. We first need to talk to the Grunow family who suffered the most in this case. A lady lost her husband. Two young children lost their dad. He had a very close-knit family, with his mom and brothers and sisters. We need to talk to them and then do some soul-searching within ourselves to determine what we feel the proper sentence is at this point in time.
[Lin:] Is it a pretty wide berth that the judge has to rule on, based anywhere from, you know, no time or time spent already up to 25 years? What is the range here?
[Shiner:] The recommended range that the judge generally has to follow is roughly 22 years up to life in prison and somewhere from that end all the way up to life. And that's completely up to the judge.
[Lin:] So when you talk about soul-searching in this case, are you saying that you have the option of going to the judge and you yourselves asking for a little mercy on his part?
[Shiner:] We certainly do have an obligation and a right to make a recommendation as to what we feel the proper sentence will be. The final call rests solely with the judge. And the family of Mr. Grunow has a right to be heard in how they feel. And Mr. Brazill's family have a right to be heard. And, hopefully, that will occur.
[Lin:] All right. I know this has been a very tough case to prosecute. We are going to get the other side right now. Thank you very much, Mr. Shiner, for joining us. Robert Udell was Nathaniel Brazill's defense attorney. And he joins us this morning from Stuart, Florida. Good morning, Mr. Udell.
[Robert Udell, Attorney For Nathaniel Brazill:] Good morning.
[Lin:] What was that day like for you, that the moment that the verdict was read?
[Udell:] Well, somewhat like Nathaniel, I was slightly confused. We weren't sure what verdict she had read. Then, when we heard it, like Nathaniel, I thought: not too bad. This could have been worse. We were relieved that, you know, there is at least a light at the end of this tunnel.
[Lin:] You know, when I was looking at the videotape of Nathaniel's reaction, I'm not sure quite how to read it. He looked at first perplexed. And then he looked, frankly, extremely annoyed. I'm not sure what followed. What is your read on how he really felt at that moment and what he understood of the verdict?
[Udell:] Well, I'm telling you, he originally was not sure what he had heard. My ear was right next to his ear and I wasn't sure what the verdict was either. Then, when I think the words got through to his head, he was trying to figure out what it all meant. He wasn't annoyed. He was relieved.
[Lin:] Relieved. What are the options that you see the judge having here? And what's your prediction in the sentencing?
[Udell:] Well, we disagree with the state. We think the judge can go as low as three years and up to life. At the same time, we understand that Judge Wennet is going to impose a significant term of imprisonment. What that term of imprisonment is, we'll have to wait and see.
[Lin:] Does Nathaniel have to serve time in a state prison, or is there an option of serving it out in a juvenile facility?
[Udell:] Well, as of right now, he would be sent to the Florida Receptionist Center [sic], where all persons convicted and serving time as adults serve their sentences. We understand that Governor Bush has a bill presently before the legislature to change that. Whether or not it would effect Nathaniel, we don't know.
[Lin:] As you look back on this case and your courtroom strategy, what do you think was the turning point for the jury: why they opted to go with second-degree and not first-degree murder?
[Udell:] Well, I think they accepted the fact that Nathaniel clearly did not go to the school with the intent of harming or killing Mr. Grunow. I think they reached the conclusion that, whatever his intent, it was not formed until that four-second period before the shot finally rang out. And they concluded that that was not enough time to premeditate, form the intent, and then reflect upon it.
[Lin:] Do you have any regrets about putting your client on the stand?
[Udell:] None whatsoever. You can't try an accident case without putting your client on the stand. This is not New York or Boston or Philly. Nobody down here believes in the presumption of innocence. Nobody down here believes in the Fifth Amendment right not to be compelled to testify. Jurors down here, if you are innocent, expect you to look them in the eye and tell them that.
[Lin:] Well, it is it sounds like your understanding that Nathaniel will have to serve a certain amount. And it could be a fair amount of time in this case. Have you prepared him at all for that possibility and what his time may be like behind bars?
[Udell:] Well, he's had one year in jail. You know, I don't know what better preparation he could get. No. He's 13 years old. You know, we've talked to him about 10 years, 20 years, 30 years, 40 years. These are all life sentences to a 13-year-old. Nothing we could say to him would prepare him for this.
[Lin:] And if it goes to the worst-case scenario, do you expect any sort of clemency, mercy from the governor of Florida? Will you be going to him then?
[Udell:] Well, we're going to let the legal process take its natural course. We'll let Judge Wennet impose sentence. We'll follow the appeal to the 4th District Court of Appeals. We'll see how they rule. And then when we see what the bottom line is a year down the road, we'll see what avenues are open to us at that time.
[Lin:] All right, thank you very much, Robert Udell, Nathaniel Brazill's attorney. The little boy is now 14 years old. And sentencing is scheduled for June 29. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com