SCOTT TRYST TWIST

The NY Post ^ | Nov 6, 2003

[runningbear]

SCOTT TRYST TWIST

BED HOPPER: Scott Peterson, in court recently, "has a need" for adultery, a relative says. - Pool photo

SCOTT TRYST TWIST

By HOWARD BREUER

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November 6, 2003 -- MODESTO, Calif. - Scott Peterson might have had up to six extramarital flings, and defense lawyers will use his alleged bed-hopping to debunk claims he killed his wife to be with gal pal Amber Frey, sources told The Post.

The legal counter-punch would try to prove Peterson had no reason to kill for Frey, a 28-year-old massage therapist, because he was happy just running around behind Laci's back, according to defense sources and others familiar with their strategy.

Authorities have theorized that Peterson, a Modesto fertilizer salesman, murdered Laci and their unborn son, Connor, so he could clear the way to take up with Frey.

But if prosecutors push that theory, Peterson's defense is ready to admit the Frey affair was merely one of many.

The Fox News Channel yesterday quoted a family relative, who said Scott Peterson had at least three affairs.

"He has a sexual problem and has a need to sleep with other women," the relative told Fox.

Lead defense lawyer Mark Geragos was not available for comment yesterday. A DA spokesman conceded that the new allegations could be a wild card at Peterson's trial.

"It's hard to say which way that would land," said John Goold, chief deputy DA. "Both sides could have different arguments on the issue."

The series of affairs, if ever used as evidence, would surely be a slippery slope for one side or another, said Fox News Channel legal editor Stan Goldman.

"The prosecution should probably not put all its eggs in that basket, that Amber Frey was the sole motive for killing his wife," said Goldman, a law professor at Loyola Marymount University in Los Angeles. "If it turns out that he had many other girlfriends, then Amber Frey becomes less and less important."

"But on the other hand, the prosecution could still argue that it wasn't one woman that was the motive to kill his wife, but rather that it was a world of women," Goldman added.

Pregnant Laci, 27, vanished on Christmas Eve while Scott, 31, allegedly went on a solo fishing trip in San Francisco Bay.

The remains of her and Connor washed ashore in April near San Francisco, leading to Peterson's arrest days later.

Yesterday was supposed to be the sixth day of testimony in Scott Peterson's ........

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Mops Used In Laci Murder Clean-Up?

Mops Used In Laci Murder Clean-Up?

Nov 5, 2003 8:34 am US/Central

MODESTO, Calif. (CBS) A police officer said Tuesday that he saw a bucket and mops in plain sight in front of Scott Peterson's home as officers began investigating his pregnant wife's disappearance.

The defense testimony is considered a counterpoint to a possible prosecution argument that Peterson mopped the kitchen after killing Laci Peterson on the night of Dec. 23.

Evers said there was no smell of bleach or other cleaning agents in the house, reports CBS News Correspondent Manuel Gallegus.

Other officers have reported detecting the scent of bleach in the kitchen.

Evers testified on the fifth day of a hearing to determine if Peterson, a former fertilizer salesman, will stand trial on two counts of murder for the death of his wife and unborn son.

Peterson, 31, told police he last saw his wife the morning before Christmas as he left to go fishing near Berkeley. He told them he returned to their Modesto home late that afternoon, shortly before family members reported Laci Peterson missing.

The bodies of 27-year-old Laci Peterson and her unborn son washed ashore along the San Francisco Bay in April, about three miles from where her husband said he was fishing.

Prosecutors are seeking the death penalty against Peterson.

On Friday, the couple's housekeeper, Margarita Nava, testified that she mopped the kitchen floor Dec. 23 with water and Pine-Sol. She said she put the mop outside to dry but put the bucket on top of the washing machine with rags that needed to be laundered.

On Monday, Scott Peterson's defense attorneys challenged the type of DNA analysis done on a hair found in his boat, saying the technique is too unreliable to be used in court.

Prosecutors believe the hair, found in a pair of pliers in the boat, could be from Peterson's wife, Laci. An FBI crime lab supervisor testified during the preliminary hearing last week that mitochondrial DNA from the hair matched a gene swab taken earlier this year from Laci Peterson's mother, Sharon Rocha.

Defense witness William Shields, a biology professor from the State University of New York at Syracuse, testified Monday that while mitochondrial DNA testing can be useful, it is not as precise as other types of DNA testing.

Mitochondrial DNA cannot specifically identify an individual, but if compared with samples taken from a family member, it can show the statistical likelihood that a hair or other tissue came from a certain person.

Peterson is charged with murder in the deaths of his 27-year-old wife and the baby boy she was carrying. The preliminary hearing is to determine if he will stand trial.

There is no evidence Laci Peterson was ever in the boat before her death, and prosecutors are expected to show that she did not even know about the vessel.

Mitochondrial DNA — a molecule that is much smaller than the more familiar nuclear DNA that is used to reveal a person's genetic makeup — helped identify victims of the World Trade Center attack. It can be extracted from hair and bones when little else remains of a body.........

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Scott Peterson quickly came under suspicion, detective testifies

Posted on Tue, Nov. 04, 2003

Scott Peterson quickly came under suspicion, detective testifies

BY JULIA PRODIS SULEK

Knight Ridder Newspapers

MODESTO, Calif. - (KRT) - Police became suspicious of Scott Peterson within hours after his wife was reported missing, first when he seemed to trip up on his alibi, then when he smoothed out a small rug that was scrunched up against the back door, a detective testified Tuesday.

While the prosecution is counting on Peterson's initial statements and actions to bolster its case, the defense is expected to use the police's reaction to further its own contention - that police became so focused on Peterson from the start that they neglected to adequately pursue any other leads in the murder of his wife, Laci, and their unborn son.

The defense also pointed out Tuesday that when Detective Jon Evers filed his police report he wrote that there was "nothing out of the ordinary to indicate a struggle or violence had occurred" at the Peterson home. Evers also acknowledged under cross examination that he did not smell any cleaning products when he entered the home - potentially undermining a police theory that Peterson mopped up evidence that day.

Two more detectives plan to take the stand this morning in the sixth day of Peterson's preliminary hearing, which will determine whether the 31-year-old fertilizer salesman will stand trial on two first-degree murder charges. Laci Peterson, who was eight months pregnant, was reported missing Christmas Eve. Her body and the body of their unborn sun washed up along the eastern edge of the San Francisco Bay in April.

One of the star witnesses against Peterson - his former mistress Amber Frey - also could testify as early as Wednesday afternoon. The 28-year-old massage therapist from Fresno could shed light on the only motive suggested so far - that Peterson's feelings for her were so strong that he killed his pregnant wife to be with her.

Tuesday's testimony in Stanislaus County court again focused on Peterson's behavior during his first contact with police.

Evers said Peterson had told him he had spent that day fishing in the San Francisco Bay and came home to find his wife gone and the leash still on the dog in the yard. As he walked through the house with Peterson and a fellow officer, the other officer asked Peterson what he had been fishing for that day. Evers didn't hear Peterson's answer, but Evers said that the fellow officer took him aside a moment later and whispered, "Scott didn't know what he was fishing for."

Evers also said he noticed a throw rug "scrunched" up against the back door jamb, and asked Peterson, "Is that always like that?"

"He said, `Oh, no, the cat and the dog must have been playing,'" Evers testified.

With the toe of his shoe, Peterson then pulled the rug away from the door, Evers said. Although the significance of the rug wasn't mentioned, those in the courtroom were left to wonder whether something heavy, such as a body, had been dragged across it.

But Peterson's defense lawyer, Kirk McAllister, asked Evers why he never mentioned the rug in his police report.

"I was in a hurry when I prepared that," he said, adding that he told detectives about it the next day.

McAllister continued to downplay the significance of the rug when he asked Evers, "Was there a lump under it, like some weapon?"

"I didn't see anything," Evers replied.

"It was a flat rug, right?"

"Yes," Evers said.

McAllister also tried to contradict the police theory that Peterson mopped up his crime scene. Evers testified that he noticed a wet mop and bucket along the walkway near the front door, but he conceded he noticed no wet floors when he went through the house after 5 p.m. Christmas Eve. And contrary to previous reports that police smelled bleach in the house, Evers told McAllister he didn't smell any.

"You smelled no odor of any kind - chlorine, bleach or any other cleaning agent?" McAllister asked.

"That's correct," Evers replied.

Detectives who are scheduled to take the stand Wednesday will likely be asked whether they smelled bleach, either on that first night or in the next couple of days while Peterson was still living in the modest ranch-style house.

Acting on their suspicions, police asked Peterson that night to take them to his office, which was attached to a warehouse storage unit where he kept his fishing boat - a 14-foot aluminum Gamefisher that was reportedly purchased just two weeks before Laci vanished...........

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Wednesday Proceeding Cancelled In Peterson Case

Wednesday Proceeding Cancelled In Peterson Case

POSTED: 11:25 AM PST November 5, 2003
UPDATED: 11:41 AM PST November 5, 2003

MODESTO, Calif. -- Proceedings in the Scott Peterson preliminary hearing were delayed Wednesday after lead defense attorney Mark Geragos was forced to stay in Los Angeles to deal with a hung jury in another murder case.

Geragos was absent from the proceedings on Tuesday, but was expected to be back in Modesto on Wednesday morning. When the court was told he had been delayed, the proceedings were pushed back to 2:30 p.m. in the hopes that Geragos could make it back. But when Stanislaus County Superior Court Judge Al Girolami was told Geragos could not make it back at all, he called off the proceedings.

Court will be back in session at 9:30 a.m. PST on Thursday.

On Tuesday, with defense attorney Kurt McAllister taking the lead, Modesto police officer Jon Evers testified about what he saw when he arrived at the Peterson home on Christmas Eve.

He said he noticed a mop bucket and two mops in front of Scott and Laci Peterson's home. The officer said the mops were in plain view as he entered the modest single-story green-shingled house on Covena Avenue.

Evers also said he never smelled bleach or any other cleaning agent inside the house.

Video

Ted Rowlands Reports On Tuesday's Hearing

The testimony is considered a counterpoint to a possible prosecution argument that Peterson, 31, cleaned and mopped the kitchen after killing his wife on the night of Dec. 23.

On Friday, the couple's housekeeper, Margarita Nava, testified that she mopped the kitchen floor Dec. 23 with water and Pine-Sol. She said she put the mop outside to dry but put the bucket on top of the washing machine with rags that needed to be laundered.

Other officers have reported detecting the scent of bleach in the kitchen. The mop bucket was seized for evidence, Evers said.

Evers testified on the fifth day of a hearing to determine if Peterson will stand trial on two counts of murder for the death of his wife and unborn son.

While Evers' report noted that there was no evidence of a break-in or sign of a struggle in the house, he did notice that a rug by the breezeway was "scrunched" up against the door jamb. He asked Peterson about it.

"I pointed out that it was the first time I noticed the rug scrunched up against the door," Evers said. "I asked him, 'Is that always like that?"'

"He said, 'Oh no, the cat and dog must have been playing,"' Evers said.................

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Superior Court, Stanislaus County November 5, 2003

Minute Order: Preliminary Hearing

(ie; Sixth day court provided overview)

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Peterson lawyer quizzes detective

Laci Peterson was reported missing December 24; her husband, Scott, has pleaded innocent to charges of killing her and their unborn son.

Peterson lawyer quizzes detective

Tuesday, November 4, 2003 Posted: 6:42 PM EST (2342 GMT)

VIDEO

A defense expert says a DNA testing technique used to identify a hair found in Scott Peterson's boat is unreliable.

MODESTO, California (CNN) -- A lawyer for Scott Peterson on Tuesday cross-examined one of the first police officials to interview Peterson after his wife was reported missing.

The cross-examination by defense attorney Kirk McAllister came in an abbreviated session of Peterson's preliminary hearing. Lead defense attorney Mark Geragos was in court in Los Angeles on another case.

Detective Jon Evers interviewed Peterson on December 24 last year, the day Peterson's wife was reported missing by her family.

Evers testified he was told by another law enforcement official that although Peterson said he was fishing in the San Francisco Bay that day, he could not specify the kind of fish he hoped to catch.

Peterson is charged with killing his pregnant wife, Laci, 27, and their unborn son. Their bodies washed up from San Francisco Bay in April.

Peterson, a 31-year-old former fertilizer salesman, has proclaimed his innocence. Prosecutors have said they would seek the death penalty if he is convicted.

[Queen Jadis]

I never thought of that, I had thought that he meant to say "innapropriate" and got mixed up with the fact that he had approached laci (with intended violence). The contradiction led him to conflagrate the words.

[Queen Jadis]

.I think he made the anchors ahead of time--in the days or weeks prior to killing Laci. This was no crime of passion. It was premeditated down to almost the last detail IMO. The only thing that may have changed was the timing. I still think his schedule may have been pushed up by a call from Amber who possibly had just heard back from her private detective and had some things to say to Snott and/or Laci.

I agree

[MEG33]

Did I just hear on Fox that Amy is testifying?

[MaggieMay]

Beth Karas on CourtTV also reoported Brocchini testified that Amber Frey found out Scott was married on Dec.9th. Amber confronted him on the phone and thats when he told her he was a widower.

Brocchini also testified that at the warehouse it was observed that there was fax that indicated it was received at 2:30pm Dec 24th, sent from the east coast, in Scott's fax machine.

At midnight Dec 24th,Scott was taken from the Covena home to the police department for a formal statement(this was video taped).

At 3:00am that morning from home,Scott called the Modesto Police Dept to ask if they had the gun he kept in the glove compartment of his truck.

I heard Beth Karas also say,that Brocchini testified the semi-automatic was in the glove compartment and there was a bullet missing. Scott was then asked if he would consent to a test to verify is there was any residue on his hands.

[Jackie-O]

Yes this is good news Lanza..I have never heard that any type of gun/and or weapon had been found, and it is amazing that this was kept secret till today. I have a feeling that this is the first of many more surprizes to come. Here's hoping...

[MaggieMay]

I listened to Beth Karas say Dec 9th,Amber found out Scott was married. Do you think she meant Dec 29th. I would appreciate any one else who heard the report on CourtTV to verify the date they heard. Thanks ahead of time.

[Canadian Outrage]

So it was the FEDS that set up the camera Jackie?? That probably relates to his suspected drug involvement. But those could well be duel use tapes!! Be still my heart, I'm starting to get a little excited. I have been waiting for some good stuff for awhile. I think LE has something that when revealed he will be completely sandbagged!!

[cyncooper]

Did you hear on court TV that SP called detectives at 3:00am that night/day asking if they were using "cadaver dogs" to search the park. The detetive said no they weren't becuase they were looking for a missing person not a dead one.

No! I have not been watching Court TV. Well, I will be sure to pay particular attention the next time a reporter summarizes today's testimony.

[maggief]

They're giving another update on CourtTV after the break.

[cyncooper]

Shades of OJ...didn't the police find his clothes freshly washed and still in the washer when they came to question him, too?

That's right. And Westerfield had clothes in the washer, dryer, and on top of the machines, in addition to going to the drycleaners twice on that same day. Busy, busy, busy.

[Jackie-O]

Maybe Sharon is privy to the Pros. theory of how Laci died. She did say in her press conf. something about Laci begging for her and Connors life which led me to believe she knew something. Maybe the mention of the gun brought her to feature it again in her minds eye..too much to bear!

[EllaMinnow]

Forgive me if this has already been mentioned.

About 12:30 Eastern, I saw a short bit on FOX with Greta talking to Gloria Allred about the diamond jewelry. Greta says that the new National Enquirer - the one that hits the stands tomorrow - has an article that says Scott took the jewelry and put it somewhere away from the house, and told Amber that she could find a gift from him in that location.
Grtea asked Gloria if it were true, Gloria got very coy and wouldn't say yes or no, simply that things will come out during Amber's testimony.

[maggief]

CTV:

Before going to marina, SP stopped at whse, checked email, used a wood working machine (?) ... drives straight to marina ... no stops ... didn't take any food.

Didn't take any bait ... bought two fishing lures but bag remained unopened.

[Velveeta]

Dec. 9th?! If you heard correctly, isn't that the same day that he bought the boat?????

[cyncooper]

Nobody else has reported on Gloria's reaction to the NE article. Let me go find who posted those article excerpts and ping them....

Thank you.

And to think we've heard during Bryant how the prosecution "holds back" for a preliminary and keeps their best evidence for trial.

[cyncooper]

Ping for an account at #152 of Greta asking Gloria about the NE story.

[MaggieMay]

Yes,that was the reason I wanted someone else to verify what I heard. Beth Karas said, Amber found out about Scott being married Dec. 9th,the very same day he bought the boat. I sure hope they cover that information again. Or someone else verifies what I heard Beth Karas say.

[Devil_Anse]

Just getting caught up. WOW!! Lots of new stuff.

I probably need to save this thread; I haven't digested all this yet.

The new stuff I remember reading here today (trying to help myself remember, by repeating it):

Pistol found in glovebox of Scott's truck on night of 24th, with one bullet missing.

Scott called MPD at 3 a.m. (Christmas morning?) to ask if they had that gun. (Must've just noticed it missing.) He also asked if they had cadaver dogs out looking in the park; they said no, b/c they were looking for a missing person, not a corpse.

The MPD, on finding the gun, asked Scott to take a gunshot residue test. Scott's response: Will that test come out positive due to my having handled my boat's motor?

Scott gave a videotaped statement down at MPD on the evening of Dec. 24. Well, we know he didn't confess--but he may well have tripped himself up.

Vinnie Politan on Court TV just explained the significance of the fax in the machine at Scott's business warehouse. The fax was dated/timed for 2:30 p.m. Dec. 24. It came from NJ. Scott, discussing the fax w/ police as they looked it over, said the 2:30 time referred to Eastern time. This means that the fax would have been received at 11:30 a.m. Modesto time. Scott told police he'd already seen and read the fax!! What was he doing at his warehouse at 11:30 a.m., when he said he arrived 90 miles away in Berkeley at 12 noon?

I'm off to finish watching Nancy Grace.

[Canadian Outrage]

I agree with you that this was TOTALLY PRE-Meditated. And as I read the stuff above I am floored by the string of obvious lies he made up on the spot. This guy needs to HANG!! I feel so sorry for the Rocha's and for Laci for not knowing WHAT she married.

[cyncooper]

Well, you got me to switch to Court TV where they have a "Breaking News" logo and "Amber Frey found out Scott Peterson was married on Dec. 9". They are alternating that with "Peterson told Amber his wife had died", (I'm paraphrasing what I saw, but that is the gist), so you heard correctly.