Theories unfold as hearing nears in Peterson case

The Contra Costa Times ^ | Oct 12, 2003

[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........

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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..........

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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

[STOCKHRSE]

Mitchell said the exact opposite of what you contend Mitchell said the exact opposite of what you contend. Laci was walking east on La Sombra (Right to Left) then turned north (Up) on Buena Vista and continued walking toward La Loma. Complete opposite direction of Yosemite and the dumpsters. Further the dog was found back at the Peterson house at sometime between 10:10 and 10:17 AM, and there is no telling how long it had been there

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.


No NO NOOOOOOOOOOOO. They are both wrongs.



Walking in neighborhood
Vivian Mitchell said she saw Peterson heading south on Buena Vista heading toward La Sombra Avenue.
"She must have come from Kewin Park," she said. "The dog wanted to head toward Yosemite Boulevard. She circled the dog around, and they headed the other way."
A neighbor later reported finding the dog running loose in the neighborhood about 10:30 a.m., and she placed the dog in the Petersons' back yard.
On Dec. 26, police detectives used bloodhounds trained to track people to try to find Peterson. The dogs led their handlers toward Yosemite Boulevard.
Vivian Mitchell
http://www.modbee.com/reports/laci/story/6274768p-7219758c.htm

See ah even put my source

Na what is all this about? Let's see, Mrs Mitchell said the opposite of what I contend.

Ahhh.... I am not contending anything; I don't care where the damn dog lays or when. I don't care about a neighbor, who drove to shop in august and found out she actually did it quicker than on Christmas Eve; She changes the time she on Christmas so (she thinks) the cops kin work a cinch frame on the woman’s husband.

He may have done it but he deserves the same fair trial the constitution guarantees everyone else.

Further Mrs. Mitchell did not say one thing indicative one way or another about my proven fact, that Laci Peterson was alive on Christmas Eve morning. Do you know why?

Because she is the one who originally said that Laci Passed her house 10:00 AM Dec24th. And was told she saw someone else. Mrs. Mitchell knew what she saw b/c Laci passed there all the time. She liked Kerwin Park until she got so pregnant and she always had her golden retriever with her.

Laci Peterson or anyone remotely resembling her ever passed
They’re again. To any fair just minded person tat speaks volumes

It doesn't matter where she was walking. . It’s past all that. The parameters that were working against truth before (The FIX) now are federal evidence, by their guidelines. I can figuratively put Laci anywhere in that park at 10:00AM.

Certainly anywhere that Mrs. Mitchell can see or hear. If you are not a liberal you certainly think and act like one. That is ok by me in fact it's fine. But where do you get do you get those stupid people who you convince by those psuedo logical posits. Two people see a person at a place at about the same time and you get people stupid or lazy enough to believe the weren't there b/c they were walking in the wrong direction.

I kinda liked the dog one too. A pregnant woman is getting murdered; there are eyewitnesses all over, "know" she is there; They hear her scream, and they tell each other; They print leaflets saying she was last seen in the park (Area is park like).

It's 10 Mts. later and now; Bloodhound evidence strongly indicated that the dead woman was alive on the 24th. It had not been applied to the circumstances and distances and other parameters of the eyewitnesses because it led away from the frame IMO. Their story was that it was an impossible match; the dead ladies dog had been back at the house 10 minutes too soon for a prior witness time Therefor the whole thing was impossible. Of course they neglected to say she had changed her arrival time after a time and motion study eight months after the fact. Either way it is specious at best.

Now for now here and federal court forever Laci peterson was alive and at the route that morning.What you and your lib friends need to do now is call a coven meeting and get Brazelton and that Chief to add, pull, create or kill some of the evidence so all those projectionists can get back to climaxing on line. No kidding brazelton is good in his way,but saying he is a good prosecutor is same as saying Dillingeris a good banker.

Oh! RG did ya see that Chicago Tribune Survey on Prosecuorial Misconduct over 30 yearsin Chicago. Look and see what you are a part of if that don't shake ya ya lost! ;-)

That survey is tacked on to my post to CO week or so back. It is a long read but good. By contrast to CA illinois is a picnic, Illinois only has 46% overturn rate CA is 60%.

RG the example walking east on La Sombra she had already been to Yosemite and was going in direction where they grabbed her.

Ray
Been having all kinds of computer trouble sorry for delay

[MaggieMay]

Thanks Hergus for that post and link.

[Sandylapper]

Thanks, Maggie. I hadn't checked on what McAllister said, about Twist. I was zeroing in on Merlin and Trimble, the two dogs mentioned in the court documents filed on October 14. The 2 dogs are mentioned in rb's link on her post #71. These are the 2 dogs MG is objecting to. Vel, I think it was page 16, line 19, wasn't it? Or did I just find it en route to looking up something else?

[Velveeta]

I dunno, that would seem to suggest that MPD already thought on the 26th that Laci was dead and that Scott killed her

Arf! Arf! Yes, I think the MPD had a pretty good hunch by the 26th. They got the search warrant to search the house and took the cars on that day, right?

[MaggieMay]

The information on Twist is taken from,Kirk McAllister discussing Eloise Anderson and Twist in his defense motion.

In the DA's points and authorities,support of evidence page 16, it talks about Elosie Anderson and her dog Trimble which is a yellow lab. Trimble, I believe is a cadaver dog. But at this point with all the dogs all with a unique abilities,names and handlers,I think we need a chart.LOL

[Velveeta]

Thanks Maggie. The area search dogs are trained to look for *humans* and not necessarily with a scwnt article. So Twist was down by Dry Creek looking for "any lost human".

Since Laci was not hiding in the boat, Twist didn't hit. Makes sense to me. Either that or I'm getting dog tired.

[MaggieMay]

You know there is a lot of information on the attempt to crosstrain these dogs. But keeping them all straight and which do what,I am just too tired tonight to comptempate it anymore :)

I guess we will have to wait to the preliminary to get all the information we need on these dogs and their trainers.

[hergus]

More about Twist and OTHER things:

"Peterson Defense: Laci's Body Never In Boat

October 16, 2003
MODESTO, Calif. -- On the eve of a court hearing, Scott Peterson's defense team submitted a filing late Thursday claiming that an investigator 'willfully omitted' evidence that allegedly proved the body of Laci Peterson was never in her husband's boat.

According to the filing, the defense believes that the prosecution's claim that Laci Peterson's lifeless body was placed in Scott Peterson's boat and dumped in the San Francisco Bay off the Berkeley Marina on Christmas Eve day is pivotal to the case against the Modesto fertilizer salesman.

Kirk McAllister, a member of Peterson's defense team, asked the court for a 'Franks Hearing' on the alleged omission.

A 'Franks Hearing' is simply an evidentiary hearing on a motion to suppress evidence based on a challenge to the facts included or omitted from a search warrant.

In the filing, McAllister claims that a cadaver dog named Twist was placed in the boat by the Contra Costa County Sheriff's Search and Rescue Team and failed to 'alert' -- to signal that a scent of Laci Peterson had been detected.

"This information was purposely omitted from the search warrant affidavits because it destroys the theory on which the prosecution has based its case," McAllister stated in the filing.

He added that such an omission "fatally undermines a finding of probable cause." McAllister went even further to claim that the "prosecution's own investigation proved that Laci Peterson's body was never in Scott Peterson's boat."
{snip}

A preliminary hearing in the case was scheduled to begin Monday but several reports say that the defense team will ask for at least a one-week delay at Friday's hearing.
{snip}

http://www.ktvu.com/news/2560743/detail.html

[Sandylapper]

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.

Hergus, from the Modbee article you posted, dated today. Don't think I had heard that defense was seeking to bar information from wiretaps, too! Hummnn, doesn't tell us what info they want barred and why, does it?

[nmh]

This is going to get VERY ugly.

Wouldn't surprise me that the creep hired someone to kill her and then threw her body in the water via his new boat that he couldn't afford.

[RGSpincich]

RG the example walking east on La Sombra she had already been to Yosemite and was going in direction where they grabbed her.

Ray, to be walking east on La Sombra to Buena Vista she would have had to have come down (south) El Rio from the direction of the park and La Loma. El Rio doesn't connect to Yosemite.

[STOCKHRSE]

Vel is at least IMO at least half right. The prosecution knows that by federal rules evidence is connective between Laci and the home area. IMHO Brazelton wanted two options to hold Scott b/c face it Scott had to have help for one simple reason--Laci was at home area that morning (a fact) but that was the best protected evidence wise by the perps.
Brazelton knew that ticket meant he had to show how SP did it while driving B/c of the time element etc. So the unknown in his mind, might give him a better arrest chance early. Remember the pressure is unreal.

I don't think we can know the reasons cause we do not know all the variables.

But one thing is now certain, in federal court the dog or dogs will be admitted if it is needed by the defense for support. Ok I didn’t tell brazeltons trash but I gotta tell on Geragos. If the defense feels in real trouble Geragos could try to get it out if only temporarily so Scott could sue for overturn if he was successful b/c of incompetence. Most good defense attorneys give their clients that gift which is supposed to compensate for leaving them penniless

Now that's as nice as I can be to Brazelton

[Sandylapper]

I think the MPD had a pretty good hunch by the 26th.

I think they did, too, but at that point in time, when the family was saying, "no way" about Scott--why he and Laci were the perfect couple! Guess Scott had already been down to the station and refused to take an LD test, and only "somewhat cooperated"? So, MPD brings in Merlin on the 26th and gives him Laci scarf or pillowcase to track Laci because they already knew she was dead and didn't walk away from the house? Gosh, they were working fast! And they didn't charge or arrest him for months!

Trust me, I'm not taking up for Scott because I do believe he had some serious knowledge and probably a hand in Laci's death, but LE's story or lack thereof, doesn't quite work for me.

[MaggieMay]

This is concerning the Franks Hearing on the wiretaps. McAllister is saying that the wiretaps should not have been approved,because Jacobsen failed to give the judge the infomation about the dog not hitting on the boat.

Thanks hergus for that link and post on Twist.

[Sandylapper]

Thanks, Maggie! Now I need to go read up on Twist. Maybe this isn't too complicated. Eloise Anderson must at least have two dogs, Trimble (cadaver) and Twist (area search). So Twist didn't make the boat hit, according to Geragos. But old Trimble picked up a scent at the bay and so did Merlin, who belongs to Cindee. Okay, that's got three dogs sort of, kind of, sorted out. LOL

[Devil_Anse]

That was Matt Dalton, who claimed to have a pair of Laci's shoes which he or someone else had found in another part of her neighborhood.

[Devil_Anse]

I see your point! I think what we need to do is learn to better understand exactly how these people use the various dogs. I sure don't know the details about what those dogs do!

I definitely remember (and so does everyone else here, I think) that the police said that they had concluded that Laci left her house for the last time by VEHICLE, not on foot. I believe they concluded this b/c of what one of the dogs (don't know which one) did when he got to the end of her driveway. I got the impression that the dog followed her scent to the end of the driveway, then perhaps sat down, not going any further, b/c her scent on the ground had ended. (?)

I got the impression that they then put the dog in a police car and drove him to other locations. Or they took other dogs and put them near certain locations in the neighborhood--perhaps b/c of something someone thought they saw. I'm not sure how the dog ended up "hitting" on that dumpster near the Gallo winery, but I never got the impression that he led them on foot from Laci's house to that dumpster.

Of course, it's all impressions. But one thing for sure: the cops said she left in a vehicle, and they said they concluded that b/c of something a search dog did.

[Devil_Anse]

The winery is on the way to Scott's warehouse? Hey, do you suppose the dog was allowed to sniff around in and outside the warehouse, and that he maybe led them from the warehouse to the Gallo winery dumpster??

[Canadian Outrage]

Sorry for the long delay. Very busy at work. I got one minute to make a post and had to log out. Then I just got home from grocery shopping. Sandy, you aren't offending me, I just can't understand why you would be surprised by a Defense filing and them calling the evidence wrong.The Defense stating that the DA is demolishing his case is probably standard Defense speak. Even from afar,and without knowing most of the facts, this appears to me, anyway, as a strong case. You may see it as a weak case right now, I just don't. I don't think WE need to look for Prosecutorial wrongs, the Defense will do that every minute. Maggie, thanks for the info on Twist. I had not heard of that dog by name before. You are correct, McAllister's point is truly rediculous. In fact his point, misses the point. They (the Defense) are gonna pick, pick, pick and twist statements around and question motives etc.I'm of the opinion that THEY have trashed their case not the other way around. They have made complete fools of themselves with their theory of the week baloney. Their theories are not even good ones!! Judges, thank God, are familiar with cutting through all verbose fluff and getting to the factual matters.

[Devil_Anse]

Wow, lots of info in here that I'd never heard of. You've been reading the pleadings, is that where this came from? Thanks for the detailed explanation!