Laci Peterson hearing set to begin

USAToday ^ | Posted 10/29/2003 6:53 AM | Al Golube

[runningbear]

Laci Peterson hearing set to begin

Scott Peterson, left, and defense attorney Kirk McAllister enter the courtroom on Oct. 24. By Al Golub, AP

Laci Peterson hearing set to begin

SACRAMENTO (AP) — For months, there have only been glimpses into why prosecutors believe Laci Peterson's husband killed her and their unborn son.

A clearer picture of their case was expected to emerge Wednesday with the start of a preliminary hearing to determine whether Scott Peterson must stand trial on murder charges that could bring the death penalty.

Observers believe the hearing in Modesto will reveal the most detail to date of the evidence amassed by investigators in the case that riveted the nation after the substitute teacher disappeared on Christmas Eve.

Scott Peterson reported his wife missing when he returned home from a solo fishing trip near Berkeley. His 27-year-old wife was eight months pregnant with a boy they planned to name Conner.

After Peterson and other family members led hundreds of volunteers to search canals, reservoirs and wildlands, the decomposed remains of the woman and her fetus were found nearly four months later in April by dog walkers, within miles of where Peterson said he had been fishing Dec. 24.

The arrest and subsequent hearings did little to unveil what clues led investigators to suspect her husband from the beginning.

Leaks led Judge Al Girolami to impose a gag on participants in the case and seal most of the police records to protect Peterson's right to a fair trial.

Voluminous court filings have provided glimpses of the evidence defense lawyers will try to prevent prosecutors from presenting: DNA analysis of Laci Peterson's hair found on pliers in Scott Peterson's boat, bloodhounds used to pick up the scent of Laci Peterson in the boat or at a storage warehouse her husband rented, and wiretaps and global positioning systems used to monitor and track Scott Peterson.

The 31-year-old former fertilizer salesman has been held without bail since he was arrested in San Diego County — not far from the Mexico border — with his hair bleached and $10,000 cash.

Defense attorney Mark Geragos has said he would not only prove Peterson innocent, but would find the "real killers." The defense team has intimated that a satanic cult may have been responsible. Police have disputed such claims.

Prosecutors are expected to present enough evidence so the charges stick, but not so much that they expose witnesses to tough .........

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Peterson Preliminary Hearing Set To Begin
Prosecution To Reveal Evidence

Peterson Preliminary Hearing Set To Begin
Prosecution To Reveal Evidence

POSTED: 6:47 PM PST October 28, 2003
UPDATED: 11:03 PM PST October 28, 2003

MODESTO, Calif -- After months of speculation, the prosecution will reveal the evidence it has against accused killer Scott Peterson, as his preliminary hearing is set to begin Wednesday.

Peterson's attorneys had boxes of evidence dropped off at the Modesto courthouse Tuesday afternoon.

FeedRoom

Peterson Hearing Wednesday

Legal experts expect the prosecution to lay out its strongest evidence against Laci Peterson's husband -- not only to convince the judge Peterson should stand trial for murdering his pregnant wife, but to sway public opinion.

"This case has taken on a life of its own. I think we'll have a lot of testimony you wouldn't normally have at this stage," said Alexander Wolfe, a former district attorney.

The preliminary hearing is expected to ..........

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Calif. Prosecutors Ready for Laci Peterson Hearing

Calif. Prosecutors Ready for Laci Peterson Hearing

Tuesday, October 28, 2003 6:02 p.m. ET

By Michael Kahn

SAN FRANCISCO (Reuters) - Nearly one year after a pregnant Laci Peterson disappeared from her California home, prosecutors on Wednesday will finally lay out evidence they say shows Scott Peterson killed his wife and unborn son.

The eagerly-anticipated preliminary hearing in Modesto is expected to last up to five days after which Stanislaus County Superior Court Judge Al Girolami will decide whether there is enough evidence to merit a trial for the 31-year-old salesman.

Scott Peterson, who has been in jail since his April arrest, is charged with two counts of murder and could face the death penalty if convicted in the case that has attracted exhaustive press coverage. He has pleaded not guilty.

A gag order has also kept a lid on much of the evidence so far and lawyers following the case said the preliminary hearing will likely showcase new details.

"There are going to be some surprises," said Jim Hammer, a prosecutor with San Francisco's district attorney's office. "It is a little like we have been waiting for the movie to start and we have been watching previews for the past month."

He pointed out that wiretaps, which the defense has been trying to suppress, would let people hear Scott Peterson's words as police were investigating his wife's disappearance from her home some 85 miles from San Francisco.

There is also rising speculation prosecutors will call the woman with whom Peterson was having an affair -- Amber Frey -- to testfy.

"Although I don't think he confessed to the murder, I think the prosecution has some highly damaging or at least embarrassing evidence in the terms of Scott Peterson's words on those tapes," Hammer said.

A heavily pregnant Laci Peterson disappeared on Christmas ............

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Amber Frey to testify at Peterson hearing
Fresno woman is suspect's former girlfriend

Amber Frey to testify at Peterson hearing
Fresno woman is suspect's former girlfriend.

By Garth Stapley
The Modesto Bee

(Published Tuesday, October 28, 2003, 10:18 AM)

The "other woman" romanced by Scott Peterson before his wife's disappearance has been called to testify at his double-murder preliminary hearing, a source said Monday. Fresno massage therapist Amber Frey, who has cooperated with authorities since the case became a national obsession, has spent hours with legal experts practicing for the hearing, the source said.

Peterson is charged with killing his 27-year-old wife, Laci, who was eight months pregnant when she was reported missing Dec. 24, and their son, Conner.

Prosecutors are seeking the death penalty.

The preliminary hearing is scheduled to start Wednesday in Stanislaus County Superior Court.

At the conclusion, Judge Al Girolami is expected to rule whether evidence is strong enough to warrant a trial for the 31-year-old fertilizer salesman.

Girolami's gag order has kept veiled most aspects of the high-profile case, including witness lists.

Speculation has swirled over whether Frey might testify. The source, fearing possible repercussions because of the gag order, spoke on condition of anonymity.

California and other states allow law enforcement officers to relate testimony from witnesses at preliminary hearings.

Prosecutors may have put Frey on notice for this week's hearing because her testimony "has a lot more impact coming out of her mouth than some cop's mouth," said Ernie Spokes, a Modesto defense lawyer and former prosecutor.

Telephone records show that Frey and Peterson exchanged at least 76 calls over nine weeks starting nine days before Laci Peterson's family reported her missing Christmas Eve. Some were recorded by wiretaps on Scott Peterson's phones.

Spokes speculated that Peterson may have said something incriminating to his former lover. Otherwise, Peterson's defense team -- led by celebrity attorney Mark Geragos of Los Angeles -- would not be fighting to keep the wiretap recordings out of court, Spokes said.

"You always attack the biggest thing coming at you," Spokes said. "You've got to believe there is something in those phone conversations with Amber Frey that is dangerous."............

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Scott Peterson faces hearing on possible murder trial in Laci's death

AP STORIES WITH BRIAN MELLEY WILL BE IN MANY OTHER NEWS ONLINE UNTIL UPDATED:

Scott Peterson faces hearing on possible murder trial in Laci's death

Brian Melley, Associated Press

Published October 29, 2003 LACI30

SACRAMENTO, Calif. -- For months, there have only been glimpses into why prosecutors believe Laci Peterson's husband killed her and their unborn son.

A clearer picture of their case was expected to emerge today with the start of a preliminary hearing to determine whether Scott Peterson must stand trial on murder charges that could bring the death penalty.

Observers believe the hearing in Modesto will reveal the most detail to date of the evidence amassed by investigators in the case that riveted the nation after the substitute teacher disappeared on Christmas Eve.

Scott Peterson reported his wife missing when he returned home from a solo fishing trip near Berkeley. His 27-year-old wife was eight months pregnant with a boy they planned to name Conner.

After Peterson and other family members led hundreds of volunteers to search canals, reservoirs and wildlands, the decomposed remains of the woman and her fetus were found nearly four months later in April by dog walkers, within miles of where Peterson said he had been fishing Dec. 24.

The arrest and subsequent hearings did little to unveil what clues led investigators to suspect her husband from the beginning.

Leaks led Judge Al Girolami to impose a gag on participants in the case and seal most of the police records to protect Peterson's right to a fair trial.

Voluminous court filings have provided glimpses of the evidence defense lawyers will try to prevent prosecutors from presenting: DNA analysis of Laci Peterson's hair found on pliers in Scott Peterson's boat, bloodhounds used to pick up the scent of Laci Peterson in the boat or at a storage warehouse her husband rented, and wiretaps and global positioning systems used to monitor and track Scott Peterson.

The 31-year-old former fertilizer salesman has been held without bail since he was arrested in San Diego County - not far from the Mexico border - with his hair bleached and $10,000 cash.

Defense attorney Mark Geragos .............

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The latest from the pressupdate link:

Media Parking Lot Map Posted on Sunday, October 26 2003 at 3:47 PM PST ----

A detailed map indicating the designated parking spaces for satellite trucks, microwave vehicles and crew cars for the upcoming Peterson Preliminary Hearing is now available online.

Go to http://www.pressupdate.info/prelim and download this map.

YOU MUST FOLLOW THIS MAP. ANY UNAUTHORIZED VEHICLES WILL BE TOWED AWAY IF THEY DO NOT FOLLOW THE SPACE DESIGNATIONS.

Authorization must be obtained by your network affiliation representative or CNN/Court TV.

You may download the map by clicking HERE.

Peterson Case - Hearing results 10_24_03 Posted on Friday, October 24 2003 at 9:48 AM PST ----

Information provided by Michael A. Tozzi, Executive Officer, Stanislaus County Superior Court:

A hearing was held this morning, October 24th, in Department 2 of the Superior Court, Judge Al Girolami presiding. The results follow:

1. Due to continued delays in the trial in Los Angeles where defense attorney Mark Geragos is appearing, the Preliminary Hearing previously scheduled for October 28th was trailed one day to October 29th at 9:30 a.m. in Department 2 of the Superior Court.

2. The lists of prospective witnesses have been exchanged between the prosecution and the defense.

3. The Court ordered, pursuant to Penal Code §867, that any and all witnesses were not to discuss testimony with each other.

4. The Court also ordered that both sides provide the bailiff in Department 2 with a list of witnesses who are to be excluded from the courtroom during the Preliminary Hearing.

5. The Court allowed defendant Scott Peterson to continue to continue to wear civilian clothing during the Preliminary Hearing.

6. All media requests faxed to the court for courtroom seating on the 28th will remain in full force and effect for the hearing on the 29th, i.e., you do not need to renew you original request.

Peterson Case - Court Transcripts Posted on Wednesday, October 22 2003 at 3:29 PM PST ----

Information provided by Michael A. Tozzi, Executive Officer, Stanislaus County Superior Court:

Availability of Daily Transcript of People v. Peterson Preliminary Hearing

At the close of each Preliminary Hearing session, which is scheduled to begin on October 28, 2003, media representatives will be able to access the Court Reporter’s Daily Transcript by logging onto www.exemplaris.com.

This website is a private transcript repository and distribution service. Exemplaris will charge a fee in the amount of $30.00 for access to the transcript. In addition to this fee, the statutory fee for court transcripts will also apply and be charged. The statutory fee will vary depending on the length of the hearing and the fee amount will be shown when you access the Exemplaris website.

The reporter’s certified transcript is subject to an in-court review to certify the record pursuant to Penal Code §190.9(a)(2).

You will need to access the Exemplaris website to get the details on how to set up an account.

The Superior Court is not associated with Exemplaris. Questions regarding Exemplaris and services provided by Exemplaris should be directed to Exemplaris at (888) 584-9988.

Dates, Deadlines & Updated Forms Posted on Tuesday, October 21 2003 at 12:19 PM PST ----

There are many dates and deadlines coming up in the case of the People v. Scott Lee Peterson. In an effort to make it easier to sort out, we've posted a calendar list of events/deadlines.

Go to http://www.pressupdate.info/ and click on "Court Dates". You will be able to download a one-page list of dates. There are also two different dates/forms for seating for the upcoming hearings. Go to "Court Forms" for those forms.

If you intend on bringing a live truck and gear to the Preliminary Hearing scheduled to begin on Tuesday, October 28, 2003 - YOU MUST CONTACT James Kyle at (818) 383-2115 to coordinate access and parking on the pre-designated lot.

Parking Agreement & New Map Posted on Tuesday, October 21 2003 at 12:17 AM PST ----

Based on legal feedback from the networks, the FINAL License Agreement is now posted to this Web site - CLICK HERE to view that information.

If you are the designated representative for NBC, ABC, CBS, CNN, Court TV or FOX - please download this document and follow the instructions. It MUST be returned by 5:00 pm (PST) on Thursday, October 23, 2003.

There is also an updated detailed map of downtown which reflects the use of the county property. It also details the street closures, parking restrictions and media box designations............

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All Eyes on Modesto

All eyes on Modesto

Jackie and Lee Peterson head into the Stanislaus County Jail on Tuesday to visit their youngest son, Scott Peterson. BART AH YOU/THE BEE

Television crews have come from as far away as Japan to cover today's hearing.

Laci Peterson

Scott Peterson

By JOHN COTÉ
BEE STAFF WRITER

Published: October 29, 2003, 05:19:27 AM PST

The preliminary hearing for accused double murderer Scott Peterson has turned a dirt lot at 11th and I streets in downtown Modesto into a bustling enclave of TV trucks and cables -- at least for a week.

TV crews from stations as far away as Japan have rumbled into Modesto to cover Peterson's preliminary hearing on charges that he murdered his pregnant wife, Laci, and their son, Conner.

"It's like doing the logistical planning for a mini-Super Bowl," Stanislaus County Sheriff's Department spokesman Kelly Huston said.

Nearly all the evidence in the case has been ordered sealed, stoking public interest and speculation.

But a court official said that despite the Peterson case's drawing power, it largely would be business as usual inside the Stanislaus County main courthouse.

"It's an open courthouse, and we intend to keep it an open courthouse," court Executive Officer Michael Tozzi said.

Cameras are banned from courthouse hallways, and the hearing will not be televised.

Legal proceedings in other courtrooms have not been reduced or rescheduled to avoid the media swarm outside, Tozzi said.

Police Lt. Dan Inderbitzen said access to 11th Street between I and H streets would be limited to people with courthouse business.

The police and sheriff's departments have set up mobile command centers outside the courthouse.

Media companies paid to have about 125 lines for phone and high-speed Internet access installed to their encampments in front of the courthouse and on the future site of the Gallo Performing Arts Center, Huston said.

Networks also are footing a bill of roughly $30,000 for additional police officers, portable toilets, garbage service and fire personnel to oversee refueling and other measures, Inderbitzen said.

Mobile office trailers, satellite trucks and portable generators dotted the dusty lot at 11th and I streets Tuesday afternoon.

The office trailers, complete with air conditioning, were sandwiched between nine TV trucks, various remote broadcast vans and a motor home.

Thousands of feet of cable snaked through the dust to a row of 28 media tents set up along 11th Street in front of the courthouse.

Some TV trucks had been diverted to cover...........

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Just a start on the hearing thread.....

[veronica]

Ben was good in Kevin Smith's Chasing Amy. Way before he became Mr. Booty.

[Sandylapper]

She is beautiful, and even has the dimples, but she doesn't have the all-American, girlish look that Laci had. Looks older, but maybe they could fix all that!

[Velveeta]

BARF ALERT!!

Modesto Bee update:

http://www.modbee.com/reports/peterson/updates/story/7661192p-8566479c.html

...snipped
During her testimony, bailiffs handed notes to Scott Peterson's parents, Lee and Jackie Peterson, on separate occasions.

The couple sat with other family members in the front row behind the defense table. All Scott Peterson's family members appeared to wear pins in the shape of a yellow ribbon overlaid with blue.

Pale yellow and blue ribbons were a near ubiquitous symbol during the massive search for Laci Peterson: the yellow to symbolize hope and the blue for the son Laci Peterson was expecting.

[Jackie-O]

I truely think that Amy will testify about what Laci was wearing on the 23rd, because that's what she was found wearing. If it turns out to be the same outfit that Snott said she had on the 24th, it would look strange that Martha Stewart Jr. would wear the SAME clothes 2 days in a row..and if it is different than the one Snott reported, he's toast too. She will also testify that Snott said nothing about going fisning in a boat that NO ONE knew about, only tee time on the 24th. It's real important that NO ONE knew about that boat. Wouldn't you thing if your brother in law just bought a fishing boat, and was thinking of going out the next day, he would have said, "hey, I just got a new boat and I think I may go fishing tomorrow if it's a nice day. Ya want to come???" He had plenty of time to determine that it was not an ideal day to take a 14ft tin can out on the turbulant bay on a stormy day. He did enough tidal study on the net!

[Devil_Anse]

All I can tell you is that I once put a witness on the stand who was the victim of a burglary. The person who burglarized him, someone he knew well from before, called the victim and essentially told him (gloatingly), "Yeah, I've got your stuff."

The defense wanted to dot every i and cross every t as to whether the victim could really know whom he was talking to on the phone, w/o actually seeing the person.

But in the end, the judge decided that the victim's knowing the guy before enabled the victim to recognize very well the voice of this person. So then the victim began to tell about the content of their phone conversation.

And of course, essentially, the content of their conversation was a confession by the burglar of his crime.

No wiretaps or recording of any kind were involved.

So picture Amber in the place of the victim in the above account. Picture Scott as the "burglar". Amber knows Scott's voice very, very well. She is competent to testify that "yes, that was Scott".

And, I mean, in the conversations where she was the actual caller, all they have to do is ask her, "What number did you call?" If pressed, they can bring in a phone company person who would testify, "that number is registered to Scott Peterson."

How likely is it that some other man would be answering Scott's phones and pretending that he was Scott?

[Velveeta]

Oooh, I wanna see the maid! Anyone else think she's going to be honked at Snott for saying she only washed half the floor?

[RGSpincich]

but maybe they could fix all that!

If these dipwads will cast James Brolin as Ronald Reagan, you can bet that the utmost of care will not be taken to cast anybody properly.

[Devil_Anse]

Glad to see you back!

Hee hee... that's an amusing thought. Inmate: "Hey, Peterson, what did your mommy buy us today?"

[Jackie-O]

Loved that movie, have seen them all..Mall Rats, etc.

[Devil_Anse]

Depends on CA's individual law about recording phone calls. Remember how Linda Tripp, one of two parties to phone calls, consented that they be recorded, so did not fall afoul of federal wiretap laws? Yet the Maryland laws were stricter. So she DID fall outside of those, I think.

Regardless of whether the way Amber herself recorded calls (if she did), whether it was in accordance with CA law, still, I don't see why Amber can't simply recount HER conversations with someone she knew very well, Scott.

If Amber and Scott sat on a park bench and Scott told her the same things he told her in the phone calls, Amber could then get up and testify, "He told me such and such in conversation." It is not hearsay. It comes under an exception to the hearsay exclusion called "party admission". (Scott being a party in this litigation.)

[Sandylapper]

Heh heh. You didn't think Babs and CBS would put this on without a piece of the take, did you?

[Jackie-O]

Oh Paaahhleeezzee! Wonder how long it took for them to dream that obvious attention seeking symbol. Maybe that's why Jackie was not at court last week on Baby Boy's birthday...maybe she was sitting at her diningroom table making courtroom favors.

[Sandylapper]

Think I heard they're trying to get a translator for the maid--she doesn't speak English. That shouldn't be difficult, should it? Think she's Spanish.

[Sandylapper]

ROFL!!

[Devil_Anse]

He said she only washed half the floor? Weird!

She certainly seems to have done a good job of avoiding the media!

[Jackie-O]

Yes isn't it nice to have Mother back??
Alex, I have only seen you over at the Terri and Richard Haynes threads. Ola!!

[Velveeta]

"Courtroom favors"

LOL, you got me giggling on that one!

[Devil_Anse]

LOL!! She's so domestic! Maybe she baked some cookies for the reporters, too.

[Sandylapper]

The maid didn't do a good job on that floor. Poor Laci mopped it again on the 24th, then Scott went fishing, brought dirt in on his shoes, and remopped again. ;^)

[Devil_Anse]

Oh, no! Not another Rosa Lopez type! (Wasn't that the name of the maid in the OJ trial?)