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.

[EllaMinnow]

I heard that, too. And there were children's books (where did those come from?) in the same bag, left in the bushes next to a child care center (!?!) for Amber to retrieve.

[Lanza]

Scott also ate pizza and showered before cops were called. I don't know anything about gun powder residue. Does it wash off with regular soap and water?

[Canadian Outrage]

Oh yea, the Blake trial is underway too huh?

[cyncooper]

If I may add to your list of information either learned or confirmed from today:

Homemade cement anchor found in the warehouse with the boat. Also cement chips found in the boat.

Scott Peterson's "fishing clothes" found in the washer.

Asked about the bucket and mops Peterson claimed he brought in the mops and buckets for Laci to use that morning. He said when he left she was mopping away. When he got home the bucket with water was sitting in there so he dumped it so the cat wouldn't drink from it or get in it.

[Jackie-O]

I HOPE they gave him those tapes and MG is just grandstanding..The State would not possibly blow this case by witholding discovery!!

[Devil_Anse]

That's what Politan said--that Scott indicated to police that he already knew all about the fax and what it said. And that he said the 2:30 p.m. on it meant it came at 11:30 a.m. Modesto time.

Watch now as Scott says, "oh, yeah, I forgot, right after I called Sharon and Ron to tell them Laci was missing, I ran over to the warehouse for a sec, on an errand. Well, while I was there, I just decided to check the fax machine... I was kinda bored, see, and..."

[An American In Dairyland]

>>I hope a LOT of this is a surprise to Geragos. <<

Discovery rules would dictate that Geragos had all of this info before trial. Even before the prelim I believe.

[Yaelle]

Blake is out on bail with trial I think next year early? But I believe they noted gunshopt residue on him and I think he had mentioned being at a shooting range earlier that day. Or something.

[Devil_Anse]

Who knows when the state itself got hold of the tapes from the FBI? They don't have to turn it over until they get it themselves! And then, they are given a reasonable amount of time. There is a lot of time btw now and the TRIAL of this case.

And they say they already DID give it to the defense. Remember how the defense complained about mountains of evidence? The state did a "document dump" on them. Good for the state!

[cyncooper]

You are right -- he could have drugged her and shot her anywhere.

Is the only place the police first looked for her using dogs the park? If not, why did Scott single out "the park" when asking the police if they were using cadaver dogs.

Did he REALLY clean out the bed of the truck with GASOLINE? How often does anyone do THAT??

I had not heard about gasoline and the truck bed. What?

[maggief]

Detective testifies Peterson denied affair
From Mike Brooks
Thursday, November 6, 2003 Posted: 4:42 PM EST (2142 GMT)



http://www.cnn.com/2003/LAW/11/06/peterson.hearing/

MODESTO, California (CNN) -- Scott Peterson told detectives investigating his wife's disappearance that he was not having an affair, one of the investigators testified Thursday in Peterson's preliminary hearing.

Peterson later publicly acknowledged that he was having an affair with Amber Frey, a Fresno, California, massage therapist, at the time his wife, Laci, disappeared last Christmas Eve.

Modesto police detective Al Brocchini told the court that Peterson denied having an affair when initially questioned by police.

As Peterson's preliminary hearing resumed Thursday morning after a one-day hiatus, Brocchini provided details of the search of Peterson's home, warehouse and truck, as well as a search of Laci Peterson's Land Rover. Peterson consented to the searches, the detective said.

Inside the truck, police found an unopened box of fishing lures, a fishing license that expired in 1999 and a .22-caliber semiautomatic handgun, Brocchini said. Police also examined his cell phone to get the numbers of calls he had made and received.

Peterson told police that he was on a fishing trip in San Francisco Bay the day his pregnant wife disappeared. In April, her body, along with that of the couple's unborn son, washed up along the shore of the bay, just miles from where he said he had been fishing.

Peterson, 31, was arrested on murder charges after the bodies were found. Prosecutors are seeking the death penalty.

The preliminary hearing will determine whether prosecutors have enough evidence to bind Peterson over for trial.

Brocchini also testified about the couple's dog, which was found muddy and running loose after Laci's disappearance. Scott Peterson told police that the dog was very protective of Laci, the detective said.

Prosecutors have been tight-lipped about when they expect Frey, one of the state's key witnesses, to testify, although she is not expected to take the stand until next week.

Frey has said she did not know Scott Peterson was married. She said that when she found out, by hearing news about his wife's disappearance, she immediately contacted Modesto police and cooperated in their investigation.

After Thursday's testimony, the hearing will recess until next Wednesday.

[Yaelle]

What is my mind missing? What day did the fax come in? The 24th? So the fax comes in at 11:30, around the time he was getting his phony parking ticket up at the Marina. Wouldn't he have had to come back to the warehouse anyway on the way home before calling the Rochas at, what, 5 pm, I thought? What is my dummy brain missing here, why is this damning?

[Canadian Outrage]

THAT is incredibly damaging!! That statement that this would be the first christmas he was a widower. Barring an absolute miracle he's toast. Geragos is gonna start huffin and puffin and bloviating now!!

[Devil_Anse]

Heh heh--yeah, and having it and being able to be up to speed on all of it, are two different things!

[An American In Dairyland]

>>Oh, have to ping Sandylapper, though I'm sure she already knows this: They report that Amber discovered that Scott was married on Dec. 9! Sandy, you were only 2 days off in calculating that!

And Amber confronted him with this, which was when he said he was a "widower". <<

Which means Amber very well might have continued to believe he was "unmarried" and free to pursue a relationship with her. She must have still had some serious doubts or she wouldn't have asked the private detective friend to check Snott out only 2 days later on Dec. 11.

[Devil_Anse]

Oh, how conveeeeenient!

[cyncooper]

And there were children's books (where did those come from?) in the same bag, left in the bushes next to a child care center (!?!) for Amber to retrieve.

Oh, presents for Amber's child, I'll bet. I hope Laci hadn't received children's books for Connor as pre-birth presents that he was giving away...(total speculation on my part).

[Yaelle]

What did the private detective think of Scott? Did Amber then know the whole truth about his still-living wife? I am guessing not, because of all those Christmas party photos on the (?) 17th or something.

[Devil_Anse]

Read that on misfitting.com.

I'm sure gasoline obscures a lot of scents, even for keen-nosed dogs.

[Canadian Outrage]

Yes Dev. because he didn't have time to view them doesn't mean they weren't provided to him. I am REALLY wondering just how honest Snotty has been with his Lawyers. What about you?