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.

[bvw]

Does anyone want to lay out the start-up stage financing for a website called Blackmailer.com? With all the goofy broad-wifeys and "loving" husbands on philanderers.com, Blackmailers.com is sure to be a success!

Get in on the ground floor of this marvelous opportunity!

[Jackie-O]

There has never in the last 11 months been any HINT that Laci and Snott have been into the occult, only mentioned by MG that a cult may have kidnapped Laci for some bizzare ritual.
Only thing that we had heard is that they were the perfect couple, Laci was Martha Stewart Jr...Martha would never be into the Devil, would she???

[MEG33]

I have no idea what the prosecution has so can't predict,but Scott has colored my opinion of his guilt with his own demeanor,words and actions.The bodies washing up near the "fishing" spot is of,course the most damning.

[Devil_Anse]

Right! The bit with the fax doesn't look as good to me now. BUT I just somehow think that on this fax business he must have blatantly contradicted himself. Not sure how, but it seems to be significant. We shall see--when the transcript of Brocchini's testimony is online.

How about this? He says "... and then I got back in town from fishing, and I went and put the boat in my warehouse and then came straight home, and Laci wasn't there."

So then they say, "How long were you at the warehouse?" And he says, "I just stayed long enough to back the boat in, unhook it, and then I locked the door and left."

See, and then maybe when they were all together there that night about 11, maybe he slipped up and started talking about the fax, indicating that he'd already read it. At that point, they'd wonder how that could be.

Or maybe he told them "the lights were off when I was here returning my boat this afternoon, and they're still off." And then maybe he indicated that he knew what the fax said, and maybe they said, "Oh? How were you able to read it with the lights off, when there are no windows in there?"

Just rank speculation!

[Devil_Anse]

Aha--so now we know the umbrellas did make it into the truck. We just don't know if they ever made it to the warehouse (as Scott said they did.)

[Devil_Anse]

Yeah, the only other choices for missing parts are one leg and her hands and lower arms. Not exactly fatal wounds.

Hey, there's another thing. The hair in the pliers seems to tell us that the poor girl's head was still on her body when he wrapped her up in tarp and chicken wire, right? I wonder if maybe the head became detached b/c it was the part of the body that had blood on it, and it attracted the sharks or whatever, first?

(All of the above based on various speculations.)

[Devil_Anse]

At last we are beginning to hear something significant!

[juzcuz]

I don't believe that Laci thought she was into that either.

But one thing is a fact that they Laci and Snott were both into-- was YOGA.. Now, I Know that Yoga has many different interpretations. Is it a religion or an exercise..???

To some it is an exercise,to others it is a occult--belief in for example: Kundalini Yoga- Awakening the Snake Goddess in each person.

They Laci and Scottt both have that in common that is not Catholic or Christian.. Others who are of the Occult do Practice Yoga Religiously and worship another god that is not Christian or Catholic.... These other people may have been studying them both...

[Devil_Anse]

That is so creepy, Yaelle. I remember that you were pregnant then.

When I was pregnant with my second son, there was a woman who worked near me who became pregnant about the same time. She was so happy! And she lost her baby. I have never felt that I did or said enough regarding her loss; I was so absorbed in my own pregnancy at the time. It must have been such a downer for her.

[MaggieMay]

Here is an article from the Modesto Bee concerning the gun found in Scott's truck. The article is titled,"Detective:Loaded Handgun Found In Peterson's Truck".The article mentions the gun was loaded but does not talk about a bullet missing. Which leads me to believe,that I did not hear Beth Karas correctly on CourtTV in reguards to a missing bullet.I think we all will be grateful to read the transcripts when they are made available.
link
http://www.modbee.com/reports/peterson/updates/story/7698830p-8602427c.html
3:52 p.m., PST: Scott Peterson’s defense attorney tried Thursday afternoon to raise questions about evidence-gathering Christmas Eve, pressing a detective with questions about what officers did the night Laci Peterson was reported missing.
Detective Al Brocchini testified he seized a loaded .22-caliber handgun he found in the glove compartment of Scott Peterson’s pickup and swabbed his hands to determine if there was any gun residue on them. Those swabs were never tested, Brocchini said under cross-examination by Kirk McAllister.

Brocchini appears to be at the center of a defense effort to suggest evidence was mishandled and potentially planted, and some of McAllister’s questioning seemed an attempt to embarrass the detective or suggest incompetence.

Brocchini was questioned about his car keys, which he said he mistakenly left on top of the wheel well in the bed of Peterson’s pickup while searching it.

He noticed they were missing when he prepared to drive Peterson to a warehouse the 31-year-old Modesto man used in his work as fertilizer salesman.

Brocchini said he asked Scott Peterson to unlock the truck, and then noticed the keys sitting on the wheel well. But in his initial police report about the night, Brocchini said he found the keys under a tarp in the bed of the pickup.

When McAllister asked the detective to square those two versions, Brocchini said the keys were on the wheel well and partially covered by a canvas tarp, which was bunched up next to a toolbox mounted in the bed just behind the cab.

A separate blue tarp was wrapped around some patio umbrellas in the bed, Brocchini said. McAllister also questioned Brocchini on a mops and a bucket found outside the Peterson home on the approach to the front door.

Earlier Thursday, Brocchini testified Peterson had given him permission to collect evidence from the home.

But in his report, Brocchini indicated Peterson had consented to officers photographing the house and looking for evidence.

“There’s nothing in you report that reflects any consent to take anything,” McAllister said.

“Nothing in my report,” Brocchini said.

Later Brocchini said he directed an evidence technician to collect the bucket and some towels found on top of the washing machine. He also told the technician to use an “alternative light source” to search the house for blood and collect any that was found.

That conversation took place out of Peterson's earshot, Brocchini said. “I didn’t want him to hear,” he said. “I didn’t want him to know I was taking it.”

The cross-examination was sometimes testy. After repeated questions about “the hump” where Brocchini left his keys, the detective pointing out that McAllister also drove a similar truck.

“It’s just like your truck,” he said.

[Devil_Anse]

I don't see how Scott could plead guilty, even if they offered to forget the death penalty.

In order to plead guilty, a defendant has to actually get up there and say "I am guilty". The judge and the prosecutor recite the known details of the crime. In this case, they would say, right out loud, "He shot his wife to death" or whatever. Then the judge would ask Scott how he pled. Then Scott would have to say "Guilty". Then the judge would ask "are you pleading guilty b/c you ARE guilty?" And Scott would have to answer yes to that.

Regarding his lies, etc., he has been running and hiding and shading the truth and obfuscating for so long, I don't think the words would come out of his mouth.

There are often defendants like that. They decide that the deal they are offered in return for their guilty plea is the best deal they will get. So they start to plead guilty, but when it comes to actually SAYING it, they start making excuses and trying to say, "Well, that's not how it REALLY happened" or "Well, but the reason I did that was..."

As soon as they start with that crap, the judge calls a halt to the plea, and sets the trial date. No one dares to push or coerce a defendant into pleading guilty--b/c they all know if they do, the conviction can be overturned. If he can't do it of his own volition, it won't get done. And I don't think Scott could bring himself to do it.

[Sandylapper]

I don't quite get it--why the tapings started on Dec. 25th through the 28th. She heard on Dec. 9, he was married; he explained he was "widowed", so she continued the relationship, but hired a detective. She has stated, as well as her father, that she didn't go to the police because she didn't see TV (while the whole nation did), that a pregnant woman in Modesto was missing named Peterson. Yet, on the 25th, she was taping SP. Why?

All, what I don't understand is all the confusion about dates and times, etc. Any lawyer, police office, news reporter or what-not knows that dates and times are the most important facts in a criminal fact; yet, everyone reporting on the case whether it be leaks, or fact, seem to be confusing the public with simple stuff, like dates; thus, making it tabloid news. When a reporter is reporting, they need to get their stories right, or else, this is just a media-driven tabloid story to keep it going! Big business, I suppose! Big bucks! And CA needs big bucks! We can't get court transcripts from the courthouse, reporters can't record in court, no TV, and when it comes to getting really important stuff (dates, times, etc. of phone calls), you have to pay big bucks for it! This is absolutely ridiculous! JMO

[Devil_Anse]

Call! I'll be waiting to hear him take the call "from Jackie in Illinois"!!

[Devil_Anse]

Wait, it's even better! You needn't even give your name! He calls the callers "caller". "Hello, Illinois, can you hear me?"

[Sandylapper]

That could/would be very important if we could find out whether Scott had residue on his hand from firing a gun recently!

[MaggieMay]

Read post #290,Scott's hands were swabbed. But the swabs were never tested for gun residue.That is a puzzle?

[clouda]

Detective Brocchini on Scotty's timeline:

Scotty got up at 8 a.m. He took a shower and had a bowl of cereal. Laci got up shortly thereafter and had a bowl of cereal.

Scotty said they were watching Martha Stewart. He said part of the show was on cooking meringue.

Scott decides to go fishing.

Laci asked him to bring in the mop. She was going to mop the floor, go shopping for brunch, and then walk the dog.

When Scotty left, Laci mopping the floor. Went to his warehouse, checked e-mail, did other stuff and then left for the marina.

Scotty called Laci twice on the way home. He left a message on machine that he won't get back in time to pick up Amy's basket.

[Devil_Anse]

They swabbed his hands, but didn't test the swabs???

[cyncooper]

Detective Al Brocchini testified he seized a loaded .22-caliber handgun he found in the glove compartment of Scott Peterson’s pickup and swabbed his hands to determine if there was any gun residue on them. Those swabs were never tested, Brocchini said under cross-examination by Kirk McAllister.

The media! I can't stand it.

I've made the same complaint following the untelevised Kobe Bryant hearings when they are in session. The media gets these little details mixed up and who knows what to believe until the transcripts are available.

What I am referring to is Claudia Cowan just gave a very brief summary on Fox. And she said "the test results on his hands for residue were not disclosed" (paraphrase), not "never tested". I got the impression from hearing her that the tests were done. So, those of you who read the transcripts will have to sort it out to find out if the tests were done.

Also I clearly heard her say earlier in the day that Laci's purse was found in the closet. This time she said "wallet and keys". Does that make a difference? I have no idea. But I know I wouldn't be interchanging terms and words like that. I would report exactly what was said in that courtroom.

There's nothing like Freepers transcribing a televised event. You can really depend on pretty accurate accounts---including those of us posting what we hear of these "updates".

BTW, one item Claudia included in this report, was that when Sharon Rocha rose and left when the finding of the gun testimony was given, was that it appeared to some observers that this was new information for her---that she was not aware a gun had been found until she heard it right then and there. But I repeat---Claudia was saying that was the speculation based on Sharon Rocha's demeanor and leaving abruptly like that. She did not know for a fact if that was the case.

[Devil_Anse]

Check out Maggie's post 290--looks like we may never know if he had gunpowder residue on his hand.