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

[Sandylapper]

Thanks so much, Vel! How'd ya do that? @ sign <>?

[Velveeta]

Not a stupid question. It's just that I think Merlin was still able to track the scent even though she may have left in the car.

[Velveeta]

If you don't do any other html, then it does it automatically.

Sleepy now,, goodnight all.

[Sandylapper]

Nite, Vel!

[Sandylapper]

Yep, Yanks and Marlins! Go Marlins!

[STOCKHRSE]

Im WAITING'''''Did you try to say somethihg Oh! just anoter FARD. there is something i do read when you post.....it's the

rooooLOL IT'S THE ONLY THING ON YA TILL WET...;-)

RAY

[STOCKHRSE]

htPeterson Defense: Laci's Body Never In Boat



POSTED: 5:37 p.m. PDT October 16, 2003
UPDATED: 6:06 p.m. PDT 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."
Peterson has been charged with the capital murder of his wife, Laci, and the couple's unborn son. 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. The delay request comes because Peterson attorney Mark Geragos is currently representing a murder defendant in a Los Angeles trial that has been slow in wrapping up.
Laci Peterson disappeared from the couple's modest Modesto home on Christmas Eve day, triggering a highly publicized search effort. At the time of her disappearance, Scott Peterson has told police he was on a day fishing trip to the San Francisco Bay off the Berkeley Marina.
Laci's partially decomposed body and that of her unborn son was discovered in April by dog walkers on successive days on the shoreline of a park in Richmond, just miles north of the Berkeley Marina. Scott Peterson was arrested in San Diego a few days later with his hair dyed blond and $10,000 in cash in his pocket. Authorities have said they feared he was preparing to flee to Mexico.
He has been held without bail in the Stanislaus County Jai


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

Ray

[MaggieMay]

The defense filed this document late yesterday,Oct 16th for the Franks Hearing which will be held the same day as the preliminary.To view the link for the Stranislaus Press Release for new documents(this is a PDF file) Oct 16th,2003:
http://www.pressupdate.info/pdfs/peterson/101603/Defendants_Reply_re_Motion_to_Traverse_Se.pdf

[RGSpincich]

Down Covena ave. over on Yosemite to Las Flores up to Buena Vista up Buena Vista to La Sombra=EAST ON LA SOMBRA

No, she would have had to pass in front of Viv's house. In the link you provided, Viv Mitchell said she was walking South down Buena Vista towards La Sombra and turned before passing in front of the Mitchell home.

2) Down covena to yosemite over to Las Palmas up to Roble down to Bonita ave down to La Sombra east on LA Sombra

She would have missed Viv's intersection all together.

3)Down Covena to Yosemite\over to Santa Ana up to highland down to encina down to buena Vista down to La Sombra=EAST There's more but Ah need a resta while

You have her walking to Yosemite and then back to within a couple of blocks of home, THEN you say she takes off for Mitchell's neighborhood? And you get tired just writing about it. She was 7 1/2 mos. pregnant and having trouble walking according to her friends. There is no way that she made the looping backtracking walks that you describe.

[Devil_Anse]

Yes, interesting! And I'll bet there were several places in the house where they probably sprayed luminol, but didn't find any blood... wonder if they dutifully reported that in subsequent warrant affidavits! If not, wow.

[runningbear]

Hi Maggie... I got delayed this morning... but I started a new thread for today's hearing.... I pinged ya all... ;o)

[MaggieMay]

As always, thanks runningbear,for keeping us all pinged and informed! :)

[Devil_Anse]

Hmm. That blurb U.S. v. Jacobs case looks pretty persuasive. But I notice it's from a different federal circuit than the one in which this prosecution is being held. And I thought this was a state, not a federal, prosecution. I don't think U.S. v. Jacobs is controlling law for the court handling Scott's case.

[MaggieMay]

Thanks for that insight! Its a rainy & windy day in Seattle. I lost power for about 30 seconds,about a hour ago. With all the news today,I will be really upset if the power goes out. :)

[Sandylapper]

Mags, McAllister is stating that Twist is a cadaver dog, not an area search dog that was discussed last night. Do we know for certain, exactly what kind of certification Twist has?

[MaggieMay]

Hi Sandylapper,in answer to your question from the previous post,here is an excerpt from an article on Eloise Anderson and Twist. If you want to read the entire article I have the link listed below. I think this article is from 1999. At the time of this article Twist, was being used as a area search dog,but since then he could have been cross trained as a cadaver dog,I just don't know. My gut feeling is he is not a cadaver do.Twist is mentioned by name in the 5th paragraph. What do you think?
link
http://www.cansel.ca/field/story1.asp

This is Eloise Anderson speaking:"In the type of searches that I perform with my dog there is a great probability that the person being searched for is alive," Anderson explained. "This is opposed to a search where the person being looked for is expected to be dead. In these latter cases, a cadaver dog is used. Cadaver dogs work closer to their handler in a more structured search pattern, which narrows the possibility that evidence will be disturbed. With an area search dog, the animal can be far out of the range of the handler. The dog will search through an area looking for a person. If the dog doesn't find anyone it will continue to search. If a person is found, the dog will pick up an orange rubber ring hanging from her neck called a 'bringsel', and return to the handler. This is her way of telling me, 'I've found someone. Follow me.' Since the dog can be a substantial distance from the handler when she makes the "find", it may take several reports and refinds before the handler actually reaches the lost person."

Accountability of the team's efforts is another major problem corrected with the use of GPS.

"Whenever a team returns from a search area the primary factor that a search coordinator must determine is how effective that dog and handler were in their search," said Anderson. "This is called probability of detection (POD). In other terms, what area was covered by the search team and, given the missing person was in that area, what is the percent probability that the search team would have found them? Also, dogs are a lot like people. They have good days and bad days. That's a problem that is effectively observed with the use of GPS".

On October 20, 1996, during a mock search exercise, Anderson and Sheehan strapped a small specially made backpack holding a GeoExplorer II to her four-legged coworker, Twist, and tested their ideas in a demonstration to other members of the Contra Costa County Sheriff's Search and Rescue Team. "This was an opportunity to test equipment and procedures in a non-life-threatening situation," Anderson said.

Four "lost" hikers were hidden in areas of the Mt. Diablo State Park in northern California as part of a mock search exercise. After Twist and Anderson competed each of their assignments, Sheehan downloaded the data obtained during the search using Trimble's Pathfinder Office software to post-process the data. "Not only did we track Twist's search path, but the GeoExplorer II told us that she was searching her assigned area effectively. GPS worked like a charm. The GeoExplorer gave us quality data and the Pathfinder Office software performed elegantly. It showed us where the dog had searched as well as areas where more searching may be needed. Further, we can process the search path data and analyze the terrain over which the dog has covered. The existence of accurate base data was key to our effort."

The effectiveness of a search dog's efforts is affected by many different factors, such as temperature, vegetation cover and wind conditions. All of these factors affect how far a scent can travel. A handler will develop a search strategy that will optimize the search coverage for the given search conditions. The stronger the wind and lighter the vegetation cover, the greater the distance the dog can pick up scent from the missing person. A GIS allows search coordinators to buffer the search path of the dog, providing an accurate measure of the area. A user will buffer the search path a lesser distance within heavier brush, which tends to hold a scent. "With the GPS loaded inside a backpack attached to the search dog we are able to not only collect points everywhere that the dog has been during her search, but we buffer the path to quantify areas the dog has covered with her nose as well," said Anderson. "When this data is restored into ArcView at the conclusion of the search exercise we are able to see with greater accuracy where that dog has been and what areas could be searched more thoroughly. The GeoExplorer takes much of the guesswork out of the estimation process and gives us a better estimate of POD. The POD is much less subjective thanks to the use of Trimble".

[STOCKHRSE]

NA you are kind of lucky you’re not here with me!

You don't make rule one here. The law says “eyewitness”: one location a trip is a sighting: But you know that you ‘re just using up space and my time. the space is JR thing the time is mine; A week ago you told me it would be impossible to get to Mitchell house one na ya wanna show off. Well show off comes expensive.

You told me Mrs. Mitchell saw Laci going east on La Saloma or wherever and that I couldn't get Laci there. Well I go get her there 4 ways now don't bother me unless you have a serious question on this issue and do that freepmail.

I'm busy this morning trying to figure out how LE gonna hold SP if the boat story is true.
You know they had to test it. If they didn't report that on warrant affidavits, and you know they didn't, b/c that boat is at the heart of their probable cause
.
Btw I just glanced down at some of that crap you wrote; typical liberal chicken ship. You supply Longitude and latitude then I will move to that point for whatever amount.

You have her walking to Yosemite and then back to within a couple of blocks of home, THEN you say she takes off for Mitchell's neighborhood? And you get tired just writing about it. She was 7 1/2 mos. pregnant and having trouble walking according to her friends. There is no way that she made the looping backtracking walks that you describe"

" ya say she can't and I’m proving she did. Laci was a walker. You say she was so pregnant I say she was in excellent shape for the shape she's in and so did everyone who saw her walk
.
Just like the route thing; if you have to do it instead of talk it, there is no way; that's you and your kind. You see if you a walker the more often you walk the better you feel it's a damn given.

Laci walked it. She walked it easy,lLaci looked fit when she walked.


BTW are you *sure* you know where Viv’s house is? ;See you later have research to do.

What was that crack about me being tired I got sleep; Wish I could show ya how tired. unnnnnnng

[Sandylapper]

Thanks so very much for the article and info on Twist. You may be right--he may hold a certification as an "area search" dog, and McAllister may be whistling "Dixie" on calling him a cadaver dog. But if it does turn out that Twist has been certified in more recent years as a cadaver dog, then prosecution may have a huge problem. Ray says in the above post to RG that connectivity to Laci and that boat is the heart of prosecution's case, and at this point, I believe him. So, if that's true, then we really need to know exactly whether Twist was ever certified as a cadaver dog in order to get a handle on where this case is headed. JMO

[RGSpincich]

Ray, you've proved nothing except that when you feel threatened you start calling people "liberals".

[Velveeta]

I'm busy this morning trying to figure out how LE gonna hold SP if the boat story is true.

His car and boat looked pretty spic and span to me. Easy answer. He washed the boat.

She did not walk that morning. Scott said she had on black pants, she was found with light colored pants on. She either had on her pants from the night before (light colored) or PJs. Dogwalking eyewitness testimony is unreliable, IMO.