Theories unfold as hearing nears in Peterson case

The Contra Costa Times ^ | Oct 12, 2003

[RGSpincich]

Oops, I'm losing it. Make that (Left to Right) on La Sombra ;). As if they were coming from the house in an opposite direction from what Homer says he saw.

[Sandylapper]

While there's a lull in this case right now, I have a question about the dogs, Merlin and Trimble, who/which were working to find Laci. It's complicated, and I hope I can explain it so here goes:

1) We have 2 dogs that prosecution wants to include as evidence. Defense wants excluded.

2) The dogs are Merlin, a human scent dog, and Trimble, a cadaver dog.

3) The dog Merlin, a bloodhound, was used twice that we know of. Once on December 26th in Laci's neighborhood. He was the dog that supposedly went in an opposite direction (from other police dogs) and led MPD to a dumpster behind a wine gallery. If this dog, Merlin, a human scent dog, is to be believed, then Laci probably took a walk on December 24th. This would comport with defense's scenario (and Scott's story), whereby Laci was alive and walking on Christmas Eve. It would rebutt prosecution's theory that Laci was killed in her home on December 23rd.

4) Another scenario at the bay at another time (don't know when), Merlin and Trimble (the cadaver dog) both made a hit.

I think my question is, based on the earliest use of Merlin, why is prosecution wanting to use a dog that destroys their theory, and why is defense wanting to exclude that same dog that would help them prove their theory?

[hergus]

This is in response to your question about people near the warehoue being questioned by LE:

February 20, 2003

"Investigators have also questioned people who work near a warehouse used by Scott Peterson.

"A few weeks ago, they came in and asked about if we'd seen Scott, or seen him with his truck or his boat," said Tony Sexton. "They asked a few questions about ready-mix concrete -- if we'd seen any ready-mix concrete in the dumpster. And they actually got in the dumpster, and looked to see if there were any bags, or empty bags, or anything."

http://beta.kpix.com/news/local/2003/02/20/Peterson_Investigators_Ask_Questions_About_Concrete.html

[Velveeta]

Regarding you #3, it may not refute the prosecution's theory. I saw a map somewhere that shows that Winery location is on the way to SP's warehouse. Plus, we don't know what (if anything) was found in the dumpster.

[MaggieMay]

Sandykapper,I have not had a chance yet to read through your post and look up an answer but something does jump out at me.

At one of the big hearings,Kirk McAllister referred to the dogs as cadaver dogs. I guess the point is he could have called them human scent dogs and cadaver dogs but he didn't. He defiantly said,"cadaver dogs".

It's time to go get my son. I will back later on hopefully with some additonal information.

[Sandylapper]

Thanks a bunch, hergus! Now, we just need to know what the workers told MPD, don't we? Specifically, did anyone at the warehouse see Laci alive and well at the warehouse on or around December 23rd! It would also be interesting to know the date for the purpose of asking, "did they have dogs with them"?

[hergus]

You're welcome, the interesting details are well hidden for now. At least we know they talked to people around the warehouse.

Laci Peterson Disappearance

[Sandylapper]

Thanks, Vel, but my point is, if Merlin is a human scent tracking dog, don't such dogs only track live human beings? Police are saying Laci was killed in her home on the December 23rd. But you're quite right, we don't know what, if anything, they found in the dumpster. Once I heard something about a sandal or shoe in the neighborhood, but was never sure if it was Laci's or not.

[hergus]

Kristen Dempewolf's pic is on the front page of my website, along with this article:

"Evidence Gained Under Hypnosis Won't be Used at Peterson Hearing

October 16, 2003
Prosecutors changed course Wednesday and said they will not introduce evidence from a hypnotized witness at Scott Peterson's preliminary hearing on double murder charges.

But prosecutors still intend to call the woman to testify if the case goes to trial, according to documents filed Wednesday in Stanislaus County Superior Court.

The decision appears to delay a legal showdown over whether Kristen Dempewolf, who may have resembled Peterson's pregnant wife at the time that she disappeared, will be allowed to testify.

Dempewolf, 33, could be used to counter witnesses who contend that they saw Laci Peterson after her husband said he left for a solo fishing trip the day she was reported missing.
{snip}

Dempewolf, who lives several blocks from the Petersons' home in Modesto's La Loma neighborhood, was at roughly the same stage of pregnancy.

Peterson's attorneys have asked the judge to exclude Dempewolf's testimony, saying investigators failed to follow strict legal requirements for allowing testimony from hypnotized witnesses in a criminal case.

Her testimony is part of a collection of evidence that the defense is seeking to bar from court, including information from wiretaps, scent-tracking dogs, GPS tracking devices and a hair found on pliers in Peterson's boat. A DNA test shows that the hair could have come from Laci Peterson, according to prosecution documents filed in court.

Judge Al Girolami is likely to hear arguments on the evidence issues at Peterson's preliminary hearing, which is set for Monday but may be delayed.

Prosecutors indicated earlier in court that they would call Dempewolf to testify at the hearing.

In more than 450 pages of documents filed Wednesday, prosecutors said they reserved the right to address the issue of introducing Dempewolf's testimony in the future.

They also contend that the defense objection to Dempewolf's testimony must also apply to Diane Jackson, a second neighbor who went under hypnosis for police.

Jackson is not cooperating with the defense, who notified her that she may be called to testify as a witness.

Jackson told police that she saw three suspicious men standing near a tan van parked directly across the street from the Peterson home at 11:40 a.m. Dec. 24, according to a report of her account.

In Dempewolf's case, defense attorney Mark Geragos contends that authorities did not meet California's stringent conditions for hypnotizing a witness, including accurately recording their prehypnotic memory and having the hypnosis conducted by an experienced professional without law enforcement present.

The defense also is arguing, among other things, that global positioning satellite tracking devices placed on Peterson's vehicles are new technology whose reliability has not been sufficiently demonstrated in court.

"GPS is used extensively throughout the world," Senior Deputy District Attorney Rick Distaso countered in documents filed Wednesday.
{snip}

http://www.modbee.com/local/story/7599015p-8507353c.html

[hergus]

"Prosecutors Defend Evidence; Prelim May Be Delayed

10/16
"In another development, the Modesto Bee -- quoting sources in the case -- has reported that defense attorney Mark Geragos will ask that the preliminary hearing scheduled to begin Oct. 20 be delayed until at least Oct. 27 because of a conflict with a case he is currently trying in Los Angeles.It would be the third time the proceeding have been delayed.
{snip}

On the delay request, expected to be made during Friday's scheduling hearing, Geragos has a conflict with the murder trial of alleged Armenian gang members Karen Terteryan (Geragos client) and Rafael Gevorgyan. The two are charged with beating a teenager to death. The trial was delayed two days because a Los Angeles County sheriff's deputies sickout in response to slow contract negotiations and likely will not be wrapped up by Oct. 20."

http://www.ktvu.com/news/2554506/detail.html

[Velveeta]

if Merlin is a human scent tracking dog, don't such dogs only track live human beings?

Ok, don't tease me for knowing the answer to this. A friend of mine is friends with the owner of a large SAR-Dog facility. If I remember correctly:

A scent dog is given a scent article of the *specific* person who is the subject of the search. These dogs are the ones on long leashes and are either called tracking or trailing dogs.

The cadaver dog is not leashed and is trained to scent for decomposing flesh. I believe that cadaver dogs do *not* receive a specific scent article.

I remember her telling me that there are also different "levels" of tracking dogs, kind of like specialties, I guess. The dogs are tested through all their levels. For example, you can have a dog that started as a scent dog later specialize in cadaver scent after it has passed the training and testing process.

So maybe in this case, Merlin followed Laci's specific scent while Trimble on the same path followed a cadaver scent.

[Velveeta]

Thanks Hergus!

[Canadian Outrage]

If I recall correctly, Merlin is the dog that stopped dead in his tracks at the end of Peterson's driveway, THEN went the opposite direction of the Park and eventually stopped at the dumpster site. I don't know why you would think the Prosecutors would use evidence that destroys what is obviously their job to prove. That makes no sense to me anyway. I don't think ANY of us knows exactly what these dogs did and what they are qualified to do. All we know is what is leaked in the press. Fact is, NONE of us knows a LOT of the evidence they have. We have snippits and tidbits overall. We most certainly don't have "the picture".

[Sandylapper]

A scent dog is given a scent article of the *specific* person who is the subject of the search. These dogs are the ones on long leashes and are either called tracking or trailing dogs.

Okay, I won't laugh at you, if you won't laugh at me. For purposes of the most efficient tracking scent article given to a "tracking" dog, it would seem that, if a shoe is available, a shoe would be that specific article. That leads me to believe that Merlin supposedly put his nose to the ground, and tracked by "shoe scent". Laci's "tracks" went in an opposite direction from that of other police dogs, and WALKED away from the house according to Merlin. If she walked, according to Scott, it was Christmas Eve. According to MPD, they think Laci was already dead. I'm sure I must not be making sense, but I make sense to me. ;^)

[Sandylapper]

Below is my original question.

I think my question is, based on the earliest use of Merlin, why is prosecution wanting to use a dog that destroys their theory, and why is defense wanting to exclude that same dog that would help them prove their theory?

CO, my question, in my mind's eye, fits what we have been told. Some of my info re Merlin and Trimble are in court filed documents. I'm just trying to pose a logical question and keep the thread going since there's much ado about the dogs. Now, if that offends anyone, I sincerely apologize.

[Velveeta]

The scent dogs can follow the scent in the air or in the ground, in a freezer, under concrete, in a car etc. It's air scent.

See, if Merlin is highly trained, he's going to track the scent that is most fresh. Since a cadaver scent is stronger than a one or two or three day old scent, my guess is that is why *both* dogs ended up at the bay. And we know she didn't walk to the bay!

[Sandylapper]

So, and it's true we don't know what "article" was given to Merlin. But if Merlin used his nose to track the ground, then the article that was given him was Laci's shoe. Some of my speculation comes from the fact that we used to have bassett hounds, which are at least akin to bloodhounds. Our bassett hounds always checked to ground first.

[Velveeta]

But if Merlin used his nose to track the ground, then the article that was given him was Laci's shoe.

LOL, No! Not necessarily, they could have given the dog "anything" of Laci's. Pillowcase, robe, socks.....anything...even if the dog is tracking the ground.

[Sandylapper]

Okay, and I'm not really a dog, LOL, but to me the most efficient way for one to track a human being would be to give the dog a shoe, if available, so that he doesn't temporarily lose the scent by picking up a dog-in-heat scent somewhere in the air, have to stop periodically, throw his nose in the air, sniff around, and perhaps lose the scent. I'll tell ya, girl, I'm not dog, but have a really good rapport with 'em.

What you're saying suggests that Scott put her in the truck and drove her to/by the dumpster, if Merlin is correct, dumped something and then went on to the warehouse (all on Christmas Eve). I dunno, that would seem to suggest that MPD already thought on the 26th that Laci was dead and that Scott killed her, if they didn't first check the "shoe" theory to see if she left by foot. Follow me?

[MaggieMay]

In my post #205,I mention McAllister in his discussion of discovery,calls the dogs(area search,cadaver)all cadaver dogs.The reason he did this is, he is claiming that LE omitted from an affidavit for wiretaps,the fact that a dog (Twist) did not alert his handler Eloise Anderson,in Scott's boat on Dec 27th,2002.The thing that McAllister is misrepresenting is,Twist is not a "cadaver" dog,rather he is a "area search dog". So it is ridiculous for McAllister to claim LE omited from an affidavit the fact that a trained "area search" dog failed to get a "cadaver" scent.According to McAllister,the fact Twist did not get a "hit" destroys the theory on which the prosecution based it's case to get wiretaps.

To provide some information on Twist,this is a paragraph on him and his handler,"Contra Costa Conty Sheriff's Dept. dog handler Eloise Anderson and Twist,a lab, search along Dry Creek East La Loma Park in Modesto on Friday(this is on Dec.27th,2003