DNA Testimony Opens Scott Peterson Prelim
DNA Testimony Opens Scott Peterson Prelim
POSTED: 6:03 PM PST October 29, 2003
UPDATED: 6:24 PM PST October 29, 2003
MODESTO, Calif. -- A hair found in a pair of pliers on the boat Scott Peterson took fishing the day his wife disappeared matched a genetic sample from Laci Peterson's mother, an FBI expert testified Wednesday, as prosecutors sought to have him tried in the slaying of his wife and unborn son.
For much of the day inside a packed courtroom, FBI lab supervisor Constance Fisher testified about the disputed method of DNA analysis she specializes in that can show a genetic match between a mother and child.
She testified that a one-inch strand of hair found on pliers in the boat did not match Scott Peterson, but did match a swab of DNA taken from the mouth of his mother-in-law, Sharon Rocha.
Defense lawyer Mark Geragos is challenging the admissibility of the testimony, saying the analysis was the subject of a "raging debate" in the scientific community and suggesting that the hair sample may have been contaminated or tampered with by law enforcement.
The technique has not been widely accepted in courts, and it was only ruled admissible once in a California state court, in the case of an accused murderer in San Diego.
With the exception of a brief mention of Laci Peterson's family at the start of the hearing, the 27-year-old substitute teacher's name was never uttered again during the daylong hearing in Stanislaus County Superior Court.
The hearing is expected to last into next week, after which Stanislaus County Superior Court Judge Al Girolami will decide if Peterson is tried on two counts of murder that could lead to the death penalty.
While the proceedings are expected to reveal the broadest and most detailed look at the case police built against Peterson, the opening day turned into what a prosecutor called "DNA 101." At times, it seemed more like a graduate-level seminar on the issue.
Members of the gallery became restless, groaning as Geragos posed hypotheticals and tried to get Fisher to reverse her testimony.
"I'm sorry, I'm getting confused again," Fisher said, as Geragos focused on technical elements of her findings. Attorney Gloria Allred, who represents Scott Peterson's mistress, dozed off at one point.
At the beginning of the hearing, Geragos sought to have Allred barred from the courtroom to prevent her from hearing testimony that could influence her client, Fresno massage therapist Amber Frey.
The judge admonished Allred not to discuss any other witness' testimony with Frey, who may be called to testify about the affair she had with the 31-year-old fertilizer salesman before she learned he was married.
After Fisher wraps up her testimony, Geragos can present his own expert to dispute the science and try to get the judge to eliminate it from the hearing and prevent it from being used at trial.
Prosecutors said they planned to call the Peterson's housekeeper and Laci Peterson's family members after the expert testimony.......
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