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Theories unfold as hearing nears in Peterson case
The Contra Costa Times ^ | Oct 12, 2003

Posted on 10/14/2003 5:36:21 AM PDT by runningbear

Theories unfold as hearing nears in Peterson case

Posted on Sun, Oct. 12, 2003

Theories unfold as hearing nears in Peterson case

By Julia Prodis Sulek

SAN JOSE MERCURY NEWS

MODESTO - Nazi Low Riders named Dirty and Skeeter, an old Satanic cult called the Order of the Lion, and bizarre paintings of decapitated women and floating fetuses. These are the latest surreal elements in the Laci Peterson slaying case.

Who could have guessed that the death of this pregnant homemaker who watched "Martha Stewart Living" each morning and had a wine-of-the-month club membership would be intertwined with such seamy images?

But no theory, it seems, is too farfetched for a case that feeds tabloid headlines and talk-show debates. Two especially macabre scenarios have bubbled to the surface as the Oct. 20 preliminary hearing approaches.

One centers on a jailhouse informant who passed a lie-detector test after claiming two gang thugs were hired to kill Scott Peterson's wife. The other resurrects a decade-old quadruple homicide outside Modesto by devil worshipers who believed the purest sacrifice is the killing of a newborn baby.

One scenario could send Peterson to the death chamber. The other could set him free. Could either be true? Or has a thirst for the sensational spawned titillating tales when the reality may be something far simpler: a cheating husband killing his wife to be with his mistress?

The prosecution is expected to push that more simple theory when it lays out its case for the first time at Peterson's preliminary hearing in Modesto. But, until then, the focus has shifted to bald, tattooed gangsters and robe-clad Satanists.

The Nazi Low Riders

It was only two weeks ago that Cory Carroll, a Fresno jail inmate, issued a startling statement: Scott Peterson used him to set up a murder-for-hire.

According to Carroll's lawyer, Frank Muna, it started in early November last year at a Fresno strip club called City Lights. After seeing Carroll's prison identification card when he paid for a drink, Peterson struck up a conversation. They spent the next several hours together watching the dancers, shooting pool and bar hopping.

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Passage of 'partial-birth abortion' ban could encourage other life-protecting legislation

Passage of 'partial-birth abortion' ban could encourage other life-protecting legislation

By Karen Addy Herald Columbia Bureau

(Published October 13‚ 2003)

COLUMBIA -- S.C. legislators and lobbyists predict that right-to-life legislation pending in the General Assembly could gain momentum if the first federal abortion ban in U.S. history becomes law.

"Every time lawmakers pass life-protecting legislation, it encourages other life-protecting legislation," said Holly Gattling, executive director of S.C. Citizens for Life.

Pro-choice advocates claim South Carolina already is in the forefront of national efforts to limit the reproductive rights of women and girls in favor of fetal rights.

Co-sponsored by U.S. Sen. Lindsey Graham, the federal ban would send doctors to prison for performing late-term "partial-birth abortions" except in instances where the mother's life is threatened. The ban is more restrictive than one passed by the S.C. Legislature in 1997, in that it does not allow doctors to use the procedure to preserve the mother's health.

All six U.S. House members from South Carolina voted in favor of the "partial-birth abortion" ban earlier this month; the Senate is expected to vote soon.

Trey Walker, spokesperson for the state Attorney General's office, said federal regulations normally replace similar state laws when stipulations are stricter. Rep. Gary Simrill, R-Rock Hill, one of the original sponsors of the state's 'partial-birth abortion' ban, and Sen. Wes Hayes, R-Rock Hill, said the federal vote would bolster the state law.

Opponents say the federal bill's broad wording could be applied to other types of abortion, and they predict the bill will not survive challenges to it in court. Three years ago, the Supreme Court struck down Nebraska's version of the 'partial-birth abortion' ban.

But South Carolina's law has never been challenged, Walker said.

According to Clair Boatwright, spokeswoman for the state Department of Health and Environmental Control, 10,124 South Carolina residents aborted pregnancies in 2001, the most recent figure available. The procedures were performed in South Carolina, North Carolina and Georgia. Of that group, 5,028 were white and 5,045 were women of color. The majority were in their 20s and early 30s.

The 2001 total included 306 York residents, 67 Lancaster residents and 79 Chester residents.

Nationally, approximately 90 percent of women who terminate their pregnancies each year do so within 12 weeks of conception. Scientists say a fetus reaches "viability," the point when it potentially can survive on its own outside the mother's womb, at between 24 and 26 weeks gestation........

-------------------------------------------------------------------------------------------------------------------------------

Frey, family shared feelings

Frey, family shared feelings

By GARTH STAPLEY

and JOHN COTÉ

Published: October 12, 2003, 08:26:03 AM PDT

As observers across the world earlier this year waited for word on the missing Laci Peterson, secret, emotional bonds apparently developed between her loved ones and her husband's lover.

Amber Frey, who emerged Jan. 24 with a bombshell revelation of her romance with Scott Peterson, the next day began calling friends and family of Laci Peterson, according to partial telephone records.

By March 14, Frey had reached out 53 times to people close to Laci Peterson, totaling nearly 6 1/2 hours of telephone time.

Well-placed sources say Frey hoped to assure Laci's loved ones that Frey did not know that Scott Peterson was married when they began dating Nov. 20. Frey also shared with them her hope, sources say, that the missing pregnant woman and her baby would be found safe.

It was not to be. The bodies of mother and son were recovered in mid-April along the shore of San Francisco Bay.

Peterson, 30, has pleaded not guilty to double-murder charges. Prosecutors are seeking the death penalty.

Peterson talked with Frey in February about him taking a lie-detector test, according to two sources. The phone records show that Frey called a respected polygrapher in Fresno, but the test never occurred, sources said.

Frey, a 28-year-old Fresno massage therapist, continued talking with Peterson for almost four weeks after she publicly acknowledged their romance, phone records reveal.

She appeared at the same time to have a direct line to authorities, who were secretly wiretapping Peterson's phones. Frey reported to her police handler immediately following many of her conversations with Peterson, the records show.

"I hand it to Amber for doing the right thing," said Ron Grantski, Laci Peterson's stepfather.

Most of the people connected to Laci Peterson who were called by Frey declined to comment. Grantski said they do not want to violate a court-imposed gag order preventing potential witnesses from discussing the case.

Frey did not return calls seeking comment.

Grantski indicated that some of the conversations with Frey included details of the investigation.

"A lot of it does pertain to the case," Grantski said. "It'll all come out in court; at least I hope it will."

Grantski declined to comment further.

More than half of Frey's phone time with Laci Peterson's family and associates was spent with Lori Ellsworth, a close friend of the then-missing woman. She spoke with Frey at least 20 times totaling nearly 3 1/2 hours, phone records show.

Ellsworth declined to comment.

Expert sees emotion behind calls

Frey dialed three phones used by Laci Peterson's brother, Brent Rocha, nine times over the six-week period. She called Laci's sister, Amy Rocha, twice in February.

Frey called the home number of Grantski and Laci's mother, Sharon Rocha, twice, and dialed Rocha's cell phone twice, once talking for 22 minutes..........

_-------------------------------------------------------------------------------------------------------------

Peterson case delay possible

Peterson case delay possible

By JOHN COTÉ

BEE STAFF WRITER

Published: October 11, 2003, 02:04:31 PM PDT

Scott Peterson's defense team will ask a judge to postpone his much anticipated preliminary hearing, sources close to the case said Friday.

Peterson's lead attorney, Mark Geragos, was looking to push back the Oct. 20 hearing because a Los Angeles murder trial in which he represents one of the defendants is behind schedule, sources said.

After two weeks of testimony, prosecutors in that case still have five to seven more witnesses to call before the defense can begin, said Darrell Mavis, the Los Angeles County deputy district attorney prosecuting the case.

"We've qualified the jury through Oct. 31, and that's what we're sticking by," Mavis said Friday.

A formal motion to delay Peterson's double-murder hearing had not been filed as of Friday in Stanislaus County Superior Court.

Court Executive Officer Michael Tozzi said there was a "strong likelihood" a request to reschedule will be made at a procedural hearing Friday.

The defense is seeking to push the hearing to Oct. 27, a source said.

Modesto attorney Kirk McAllister, part of the Peterson defense team, said Friday that a gag order in the case prevented him from commenting. Geragos could not be reached.

It was unclear how Judge Al Girolami would rule on a request to delay the hearing, where prosecutors are expected to lay out some of their evidence against the 30-year-old fertilizer salesman.

Peterson is charged with two counts of murder in the deaths of his wife, Laci, and the couple's son, Conner. Laci Peterson was almost eight months pregnant at the time prosecutors contend she was killed.

Girolami previously had said a Sept. 9 date for the preliminary hearing was "set in stone." After pushing that to Oct. 20, the judge said, "It will be highly unlikely that it will be continued again."

But a defense request could be difficult to turn down because of delays in the Los Angeles murder trial of Karen Terteryan, 21, and Rafael Gevorgyan, 18, alleged members of an Armenian gang.

Prosecutors contend that Terteryan and Gevorgyan fatally beat and stabbed a high school senior, Raul Aguirre, when he intervened in a fight between the defendants and his friend.

Geragos represents Terteryan, who faces life in prison without parole if convicted. Gevorgyan faces a possible term of 25 years to life.

The trial was delayed two days because a sickout by Los Angeles County sheriff's deputies engaged in contract negotiations left the court without bailiffs.

Regardless of when Peterson's hearing begins, it will be heralded by an army of television trucks converging on downtown Modesto.

Modesto police officials unveiled their plan Friday to handle the media crush. The plan calls for closing off a handful of streets near the courthouse, starting Friday night if the preliminary hearing proceeds on Oct. 20.

"We realize parking is a premium in that area," said Lt. Dan Inderbitzen, who heads the Police Department's traffic unit.

A mobile police command post will be set up and five or so additional officers will patrol outside the courthouse, Inderbitzen said.

A firetruck will be on hand when fuel tankers are brought in to refuel the diesel generators that power satellite trucks, officials said.

Television companies will pay for the extra personnel and equipment, which also could include a generator, portable toilets and garbage bins.............

-----------------------------------------------------------------------------------------------------------------------New link to Prelim hearing Court info:

Prelim Hearing Info

(Excerpt) Read more at bayarea.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: California
KEYWORDS: avoidingchildsupport; baby; babyunborn; conner; deathpenaltytime; dontubelievemyalibi; getarope; ibefishing; laci; lacipeterson; nlr; smallbaby; smallchild; sonkiller; unborn; wifekiller
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To: RGSpincich; STOCKHRSE
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.
201 posted on 10/16/2003 7:39:36 AM PDT by RGSpincich
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To: MaggieMay; STOCKHRSE; Devil_Anse; Velveeta; Canadian Outrage; runningbear; All
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?
202 posted on 10/16/2003 2:16:59 PM PDT by Sandylapper
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To: Sandylapper; All
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
203 posted on 10/16/2003 2:56:51 PM PDT by hergus
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To: Sandylapper
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.
204 posted on 10/16/2003 3:02:44 PM PDT by Velveeta
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To: Sandylapper; hergus; Velveeta; runningbear; Devil_Anse; All
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.
205 posted on 10/16/2003 3:14:37 PM PDT by MaggieMay (A blank tag is a terrible thing to waste)
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To: hergus
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"?
206 posted on 10/16/2003 3:20:35 PM PDT by Sandylapper
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To: Sandylapper
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

207 posted on 10/16/2003 3:25:00 PM PDT by hergus
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To: Velveeta
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.
208 posted on 10/16/2003 3:26:17 PM PDT by Sandylapper
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To: All
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
209 posted on 10/16/2003 3:32:29 PM PDT by hergus
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To: All
"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
210 posted on 10/16/2003 3:43:30 PM PDT by hergus
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To: Sandylapper
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.

211 posted on 10/16/2003 4:09:02 PM PDT by Velveeta
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To: hergus
Thanks Hergus!
212 posted on 10/16/2003 4:10:36 PM PDT by Velveeta
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To: Sandylapper
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".
213 posted on 10/16/2003 4:24:30 PM PDT by Canadian Outrage (All us Western Canuks belong South)
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To: Velveeta
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. ;^)

214 posted on 10/16/2003 4:34:28 PM PDT by Sandylapper
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To: Canadian Outrage
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.

215 posted on 10/16/2003 4:48:07 PM PDT by Sandylapper
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To: Sandylapper
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!

216 posted on 10/16/2003 4:49:24 PM PDT by Velveeta
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To: Velveeta
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.
217 posted on 10/16/2003 4:57:21 PM PDT by Sandylapper
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To: Sandylapper
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.

218 posted on 10/16/2003 5:32:11 PM PDT by Velveeta
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To: Velveeta
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?

219 posted on 10/16/2003 6:05:21 PM PDT by Sandylapper
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To: Sandylapper; Devil_Anse; Velveeta; Jackie-O; runningbear; Canadian Outrage; All
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
220 posted on 10/16/2003 6:28:09 PM PDT by MaggieMay (A blank tag is a terrible thing to waste)
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