For Modesto, Peterson slaying cements dark notoriety

The Mercury News ^ | Oct 27, 2003 | Julia Prodis Sulek

[runningbear]

For Modesto, Peterson slaying cements dark notoriety

Posted on Mon, Oct. 27, 2003

For Modesto, Peterson slaying cements dark notoriety
CASE TOUCHES NERVE IN TOWN FAMILIAR WITH TRAGIC TALES
By Julia Prodis Sulek

Mercury News

MODESTO - Twice a week, locals get a shadowy glimpse of Scott Peterson as he strolls around the fenced roof of the downtown jail. The time varies, just in case someone tries to take a shot at him.

Some people are withholding judgment about whether the 30-year-old fertilizer salesman is guilty of killing his pregnant wife and her fetus, at least until prosecutors reveal their case during a preliminary hearing beginning Wednesday. But many in this conservative Central Valley town of farmers and commuters made up their minds long ago.

And the feelings are visceral.

``Hang Scott Peterson today and have a fair trial next week,'' said Rita Sorenson, 69, who has followed the case on TV while recuperating from a heart bypass operation and hip-replacement surgery at a local convalescent home. ``He's guilty as sin. Guilty, guilty, guilty.''

Modesto has had more than its share of grisly tales in recent years -- from the murders of three Yosemite tourists by Cary Stayner, a motel handyman who grew up in the Modesto area, to the slaying of Chandra Levy, 24, a Modesto native who was having an affair with 54-year-old local congressman Gary Condit in Washington, D.C.

But it's the Peterson case that has pushed Modesto over the edge, giving this humble community an international reputation as a place stricken by awful things.

About the only good to come from this macabre notoriety is that the newly refurbished State Theater downtown has less trouble booking musical acts. They've heard of Modesto, all right.

`So much sadness'

This is the place where Laci Peterson, the 27-year-old substitute teacher with the dimpled smile, disappeared on Christmas Eve. This is where her husband, who was having an affair with a massage therapist, begged townspeople to help with a widespread search for his wife. And this is where Peterson was charged with two counts of first-degree murder after the bodies of his wife and her fetus washed up separately on the eastern edge of San Francisco Bay.

``We have had so much sadness here,'' said Tracie Medlin, 43, who moved with her two children to Modesto from Soquel 11 years ago. ``People are just disgusted.''

As much as the Peterson killing is a riveting story making the covers of supermarket tabloids and dominating cable talk shows, for Modesto residents, it's personal. It's not just what Peterson may have done to his wife, it's what has happened to their town. And if he did it, what he has done to them.

Many people heeded Peterson's tearful pleas and fruitlessly searched, hung fliers and prayed at candlelight vigils for his wife's safe return. So when Peterson was arrested four months later -- with a beard, dyed hair and a reported $10,000 in cash -- they felt betrayed.

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Peterson case comes back to light this week

Posted 10/26/2003 10:49 PM Updated 10/27/2003 4:51 AM

Peterson case comes back to light this week

By John Ritter, USA TODAY

SAN FRANCISCO — Almost from the moment Laci Peterson vanished, police and the public fingered her husband, Scott. When Laci's body and her unborn son's washed up in San Francisco Bay four months later, he was charged with a crime that had become a national fixation.

Scott Peterson, right, goes on trial this week for the murder of wife Laci, left.

By The Modesto Bee

Even California Attorney General Bill Lockyer fueled the widespread belief that Scott Peterson was guilty by calling the case a "slam dunk."

Now comes Peterson's first chance to punch holes in that perception.

At a preliminary hearing beginning Wednesday in Modesto, the public gets its first look at how prosecutors will try to tie the former fertilizer salesman to a double murder.

His lawyers will try to persuade Judge Al Girolami to throw out key evidence investigators obtained from wiretaps, bloodhounds, hypnosis, DNA analysis and tracking by global positioning systems.

The Peterson case has always been more than just another brutal domestic crime.

Its titillating details sucked America in: the attractive mother-to-be missing on Christmas Eve, the tight-knit community's anguished search, the stunning revelation that her husband had been having an affair, his lawyers' theory that a Satanic cult was involved and fresh allegations from a jail inmate in Fresno that Scott had tried to hire neo-Nazi gangsters to kill his wife.

"It's got a lot of human intrigue," says Laurie Levenson, a law professor at Loyola University in Los Angeles. "But the main reason it's gotten so much attention is that you had a whole community that spent their Christmas dinner looking for Laci Peterson, a whole community invested in this case.

"It became a cause celebre ."

Legal experts say the preliminary hearing could preview battles at Peterson's trial next year.

Look for his lead lawyer, Mark Geragos, to try to discredit the police investigation and maybe float other scenarios of how Laci died.

He may try to lock in the testimony of prosecution witnesses, hoping later to show inconsistencies with their trial testimony.

"Usually the defense uses these hearings as a chance to learn and to probe," says Erwin Chemerinsky, a University of Southern California law professor.

Assistant District Attorney David Harris is .......

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Cast of Characters: A Witness - Frey romance turned the case to full boil

Cast of Characters: A Witness - Frey romance turned the case to full boil

By GARTH STAPLEY
BEE STAFF WRITER

Published: October 26, 2003, 04:39:53 PM PST

Of the many bombshells in the Peterson case, none has burst with greater force than that of Scott Peterson's romance with Amber Frey.

Many observers say that Frey's testimony might be the key to locking away her former boyfriend -- or sending him to his death.

The Fresno massage therapist and single mother appeared joyful in photos showing her cozying up to Peterson by a Christmas tree. Friends say the happiness turned to horror when she realized her beau was not only married, but also a suspected killer.

Laci Peterson was small, dark-haired and outgoing. Amber Frey is tall, blond and quiet. She has said she didn't know Peterson was married when they met Nov. 20. People close to Frey say she quickly fell in love with Peterson.

Phone records show that Frey first contacted police at 1:43 a.m. Dec. 30. They also suggest that she maintained an active phone relationship with Peterson as investigators bugged his cell phones.

Frey, 28, also dialed family and friends of Laci Peterson -- 53 times. She hoped to assure them she had no idea Peterson was married, and that she prayed for the return of his wife and their son, sources said.

If Frey was chatty with Laci Peterson's loved ones, she's the opposite with media. Frey has spoken publicly only twice: in a January news conference arranged by police and in May to announce she had hired a lawyer.

Gloria Allred, a self-proclaimed feminist attorney, has been at the center of many gender-issue cases. Her clients include Pamela Anderson, Paula Jones and the family of murder victim Nicole Brown Simpson.

Allred has one focus: to protect Frey's reputation and -- by extension -- her credibility. That could be hugely important to prosecutors as well.

Reporters of all stripes have pursued Frey relentlessly, turning up nude and semi-nude photos she had posed for four years ago, when she hoped to become a model. A tabloid published some in February; a porn broker said he bought rights to the pictures and posted them on his Web site in September, charging $19.95 for peeks. Last week, she sued the broker for $6 million.

Also figuring in Frey's entourage is her father, Ron. Initially eager to comment, he has drifted to the background.

Lana Romano, who worked for Ron Frey's construction ............

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Actor leads bikers on Peterson ride

The Fabulous Blue Notes play at the Fruit Yard for the Laci Peterson memorial. DEBBIE NODA/THE BEE

Shawn Rocha organized the event to thank volunteers for helping search for his cousin Laci Peterson. DEBBIE NODA/THE BEE

Above, the Homewreckers entertain at the blues concert held Saturday at the Fruit Yard. Hundreds of Harley-Davidson owners proudly turned out for the occasion. DEBBIE NODA/THE BEE

Actor leads bikers on Peterson ride

By KEN CARLSON
BEE STAFF WRITER

Published: October 26, 2003, 04:36:31 PM PST

Shawn Rocha, the cousin of homicide victim Laci Peterson, had met actor and fellow motorcycle enthusiast Mickey Jones only once. They had shaken hands at a bikers' rally some time ago.

But somehow Rocha knew Jones was the right person to host a memorial event for his cousin and her son, Conner.

The event, called the Laci Peterson Memorial Day & Concert, was held Saturday at the Fruit Yard on Highway 132 to thank people who had worked and prayed for Peterson's safe return.

The bodies of Laci and Conner Peterson were recovered in April along the shore of San Francisco Bay. Her husband, Scott, is charged with their murders.

"When I got an e-mail from Shawn, he said, 'I am sure you are asked to do this all the time,'" Jones recalled Saturday.

"I do a lot of events that I get paid for, but sometimes you have to do what your heart tells you is the right thing to do."

Jones has appeared in numerous television and movie roles, including the science-fiction thriller "Total Recall" and the ABC comedy series "Home Improvement." He is in the recently released film "The Fighting Temptations."

Jones also serves as a spokesman for Indian Motorcycle Corp. He made the trip from Southern California with his wife, Phyllis, who arrived by car.

Also attending the free blues concerts were numerous motorcycle clubs from Northern California, some of which provided volunteers to help stage the event.

"Bikers come out stronger than anyone else for support when others are down," said Rocha, a Harley-Davidson owner who estimated that 600 to 700 bikers participated.

Original idea scrapped

Rocha first planned a large memorial ride in memory of Laci and Conner, but insurance issues convinced him to scuttle the idea in favor of the concert.

Saturday morning, some of the bikers met up at Mitchell's Modesto Harley-Davidson shop on Carpenter Road and rode to Burwood Cemetery near Escalon to visit the gravesites of Laci and Conner.

Jones said he was moved.

"I can't imagine what this family is dealing with," he said. "As of today, I got to know Laci."

Jones later took to the Fruit Yard stage to introduce the bands, the Fabulous Blue Notes and the Homewreckers, and also to help Rocha announce the raffle winners.

Volunteers said fund-raising activity, such as the raffle and T-shirt sales, was for a new nonprofit foundation whose name and purpose is yet to be announced.

Kevin Scott of the Modesto Harley Owners Group said the club was more than willing to provide people to help with the concert.

"As soon as Shawn made the call, it was like bees to honey," he said. "A lot of people have asked how they can help the Petersons. This is the best tribute you can give them."

Other clubs represented at the event included American Legion Riders of Turlock, the Livermore HOG chapter and the Blue Knights, a group of retired peace officers.........

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Peterson stage is set

Media hordes will again descend on Modesto's streets this week. AL GOLUB/THE BEE

Peterson stage is set

By JOHN COTÉ
BEE STAFF WRITER

Published: October 27, 2003, 05:02:57 AM PST

The public's first real look at evidence against accused double-murderer Scott Peterson is expected Wednesday, when prosecutors begin laying out a legal case that has been under wraps for 10 months.

"Everything will be a revelation to us," said Ruth Jones, a criminal law professor at McGeorge School of Law in Sacramento and a former prosecutor. "This case is unique in that sense."

Peterson's preliminary hearing, which likely will last five days, could demonstrate the strength of the prosecution's case and outline the possible trial.

The hearing that begins Wednesday is to determine whether there is enough evidence to try Peterson in the deaths of his 27-year-old wife, Laci, and their son, Conner. Prosecutors are seeking the death penalty.

It's unclear how much evidence the prosecution will unveil at the hearing, because it's relatively easy to have a defendant held for trial. For that reason, the defense rarely calls witnesses, protecting them from cross-examination.

But this case is different, legal observers said, pointing to widespread public scrutiny that has influenced legal tactics and might affect the trial.

"There are two battles going on here," San Francisco Deputy District Attorney James Hammer said. "The legal battle and the PR battle."

In the legal battle, attorneys are poised to spar over an array of evidence the defense wants kept out of court, including information from wiretaps, electronic tracking devices, DNA testing and scent-tracking dogs.

The judge also is to hear a defense argument that a potentially key piece of evidence -- a single hair found attached to a pair of needle-nose pliers in Peterson's boat -- likely was "altered" while in police possession.

Prosecutors contend that the hair simply broke inside an evidence bag.

The hair could be a critical piece of physical evidence linking Laci Peterson to the boat her husband said he took fishing on Christmas Eve, the day she was reported missing.

The defense's challenge of the evidence signals a wider tactic of trying to show that investigators acted improperly, echoing the O.J. Simpson murder trial, legal observers said. A jury acquitted the former football star in 1995 of killing his ex-wife and her friend.

"It's a very important strategy," said Professor George Bisharat, a criminal ...........

[drjulie]

Looks like Amber will be testifying. I just found this...sorry if it has already been posted.

http://www.modbee.com/reports/laci/story/7656368p-8561883c.html

[Sandylapper]

Thanks, drjulie! Good article!

[Devil_Anse]

I hadn't seen that one--thanks!!

Well, group... less than a day b/f they bore everyone's socks off with arguing those motions... hope they get through with that rapidly and bring on the actual live human beings!

[drjulie]

How long do you think these motions will last? A full day? Does anyone know what time they will start tomorrow? Are you surprised that Amber may testify? Most of the talking heads say that they shouldn't put her on the stand until the trial. I wonder if MG will do a bruising cross examination?

[Devil_Anse]

I assume they'll start tomorrow at 9 a.m. I think the motions will last longer than just one day, especially that mitochondrial DNA business.

The article you posted explains pretty well the pros and cons of actually calling Amber. It points out that they don't HAVE to call her, since hearsay is allowed at this type of hearing, and therefore a police detective could get up there and recount information that Amber told them. Then the article points out that "sometimes prosecutors want to make a show of strength in order to cow the defense." Not an exact quote, but more or less. And also the article says, "Would YOU like to be the prosecutor who held back his crucial witness(es) and then didn't have enough evidence to meet the probable cause threshhold?"

If no probable cause is found, I believe that the state could still prosecute the case, as in sending it to a grand jury. However, if no probable cause were found now, Scott would be freed while the state dropped back and got its act together, perhaps presenting the case to a grand jury.

So I think the state will make sure and present enough this week to ASSURE that the judge has something on which to find probable cause.

[drjulie]

Thank you!

[Velveeta]

So, you have a working title! Certainly a good start.

I can see where one chapter might be titled:

"What you should know (that Snotty didn't) about fishing for sturgeon as an alibi"

"1. Buy bait"

[Velveeta]

Fingers crossed!

[Velveeta]

There you go again, asking logical questions.

Um....um...okay, maybe he only had to tip the boat part-way.

We know he may have been tied to the buoy so the boat wouldn't get away from him. Why would he need to tie up the boat to the buoy if he was going to just dump her and go?

(DO NOT tell me he didn't have any anchors left to simply drop the anchor!)

[Velveeta]

Can you imagine how tough it's going to be for Amber to face him? Not to mention having to deal with Geragos.

[Velveeta]

Would you know, in terms of a percentage, how often is it that a preliminary hearing defendant is NOT held over for trial?

[Velveeta]

Lookie here, I more than funkled!

[Paulus Invictus]

I once thought that Modesto was a quiet little farm town and that our former residence just north in Stockton was the crime center of the US. Then we heard about such Modesto (alleged) perps as Condit, the Sierra killer and Peterson as well as IGore's RAT henchman, Tony Coelho. Stockton's reputation, in comparison, looks somewhat better.

[Devil_Anse]

No, I don't know a percentage. I suppose I could just say that of the ones I've seen and/or participated in, only a small number have failed to be bound over. In making this statement, I'm considering only the prelims where both sides were in fact ready to proceed.

Sometimes, in a drug case, the state fails to have lab work. If they don't get their act together after a couple of continuances, the judge will often dismiss such cases.

[Devil_Anse]

ROFL!!!

(Ah, these nitpicking little details, what's a murderer to do??)

[Devil_Anse]

"Drat! Ran out of anchors!!"

LOL!!

Seems like he'd have wanted to tie up to the buoy just for the sake of stability. Dumping the large, weighted bundle out of the boat would certainly rock the boat. Maybe he just felt safer tying up to, or steadying his boat against, the buoy. Plus, the buoy has a light in it.

[drjulie]

"Can you imagine how tough it's going to be for Amber to face him? Not to mention having to deal with Geragos."

It's going to be a very difficult experience. I hope someone is preparing her emotionally & psychologically. I know many don't like her but I really think she will end up being a sympathetic figure. If Gergaos attacks her it may backfire on him in terms of public sentiment. All that said, I'd sure like to be in the courtroom to see Scott's response (albeit nonverbal) to Amber.

[Devil_Anse]

She's dead. Do they need to drag the remains into the courtroom to prove that?

There were no signs of suicide, and even if she'd had a great desire to go throw herself and her baby into San Francisco Bay, evidence showed her car was sitting in the driveway the whole time, 80+ miles away from the bay.

He had a mistress whom he'd expressed a desire to permanently take up with. They can prove that.

There is no person (that we know of) other than himself who can vouch for his whereabouts during the night of Dec. 23-24, or, for that matter, for most of Dec. 24. Coincidentally, there is evidence he was right near where the bodies later surfaced.

I'd say they were over halfway to probable cause, just with the above proof.