Peterson held over for trial

Tje Modesto Bee ^ | November 18, 2003 | John Cote'

[runningbear]

Peterson held over for trial

Peterson held over for trial

By JOHN COTÉ
BEE STAFF WRITER

Last Updated: November 18, 2003, 02:15:14 PM PST

2:07 p.m., PST: A judge this morning held Scott Peterson to answer on double murder charges in the deaths of his wife and son.

Stanislaus County Superior Court Judge Al Girolami's ruling followed a short day in court that included testimony Peterson had $15,000 cash and extensive camping gear with him when he was arrested.

The driver's license issued to Peterson's brother was on the center console of the car next to Peterson's wallet, Detective Jon Buehler testified.

Peterson also told his girlfriend Amber Frey that he had "lost his wife" two weeks before Laci Peterson was reported missing, Buehler said.

Scott Peterson later told Frey on Jan. 6 - more than a week after his wife disappeared Christmas Eve - that he was "longing to hold onto" Frey, Buehler said.

Frey secretly recorded the conversation for police, and Buehler said he with was Frey during the call.

During the conversation, Frey asked Peterson why she should "not go to police with this," Buehler said, reading from a transcript of the call.

It was unclear during the proceeding if Frey was referring to the couple's relationship or something else.

Peterson responded: "It's your decision," Buehler said.

Defense attorney Mark Geragos said that during hundreds of phone calls between the two, Peterson never sought to dissuade Frey from going to police.

"That's correct," Buehler answered.

Judge Al Girolami's decision to bind Peterson over for trial came at the conclusion of a 12-day preliminary hearing. Prosecutors are seeking the death penalty against the 31-year-old Modesto fertilizer salesman.

He is charged with killing 27-year-old wife, Laci, and their unborn son, who was to be named Conner. The bodies of mother and son washed ashore in April, a few miles from where Peterson said he went fishing on a solo trip Christmas Eve.

He is to appear in court Dec. 3 for arraingment on the charges..........

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Testimony is graphic at hearing

Testimony is graphic at hearing

Scott Peterson's chair is empty as pathologist Brian Peterson testifies Monday in front of the defense and Judge Al Girolami. LAURIE McADAM/THE BEE

Laci Peterson's mother, Sharon Rocha, and stepfather, Ron Grantski, listen to testimony Monday afternoon. LAURIE McADAM/THE BEE

Modesto police Detective Craig Grogan, left, and Sgt. Mike Zahn head into court. MARTY BICEK/THE BEE

By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS

Last Updated: November 18, 2003, 08:10:51 AM PST

Police investigators found evidence suggesting someone made several cement anchors in Scott Peterson's warehouse, a detective testified Monday, while a pathologist said it was possible but not likely that Peterson's son was born alive.

Missing anchors could be damning evidence against Peterson, while the possibility that his son was delivered by Caesarian section could undermine a prosecution argument that he murdered his wife when she was nearly eight months pregnant with their first child.

The developments in Stanislaus County Superior Court punctuated a day dominated by often graphic testimony from the forensic pathologist who performed autopsies on Peterson's wife and son.

The 31-year-old defendant asked to leave the courtroom before the doctor took the stand. Defense attorney Mark Geragos said he encouraged his client to waive his right to hear that particular testimony in his preliminary hearing on double-murder charges.

"I do not wish to be present during this witness," Peterson said in measured tones when Judge Al Girolami asked him if it was his choice to leave the courtroom.

Laci Peterson's family members, who have been in the front row for nearly every court session, did not appear until after that testimony was over.

Peterson's parents, Lee and Jackie Peterson, remained in the courtroom. During a particularly gruesome patch of testimony, Jackie Peterson dabbed her eyes with a tissue. The Petersons cringed as the medical examiner inadvertently showed the audience portions of large color autopsy photos.

Also Monday, a police computer investigator said Scott Peterson used his home computer in early December to research San Francisco Bay and Central Valley lakes and reservoirs. The expert acknowledged that Peterson visited a sport fishing Web site as well.

Prosecutors said they intend to finish presenting evidence and witnesses today. Defense attorneys said they may call no witnesses.

But that could change, Geragos said, after he hears what today's witnesses have to say. Scheduled are Modesto police Detective Jon Buehler and county district attorney investigator Steve Jacobson.

Buehler was law enforcement's chief contact with Amber Frey, Scott Peterson's girlfriend when his wife disappeared. Jacobson was in charge of wiretaps on Peterson's phones.

Judge rules on DNA tests

Girolami started Day 11 of the hearing by ruling he would allow results from a disputed DNA test into court if the case proceeds to trial.

The move was a blow to the defense, which maintains that police wrongly honed in on Scott Peterson after his pregnant wife was reported missing Christmas Eve.

Prosecutors contend Peterson murdered his wife and unborn son late Dec. 23 or early Dec. 24. They are seeking the death penalty.

Peterson told police he left his wife at about 9:30 a.m. on Dec. 24 to fish alone in San Francisco Bay. She was gone when he returned that afternoon, he said.

A Dec. 27 search of the Modesto warehouse that Peterson used in his work as a fertilizer salesman and where he stored his fishing boat turned up evidence suggesting the making of cement anchors, Detective Dodge Hendee testified Monday.

Police found what appeared to be cement powder along the edge of a flatbed trailer in the warehouse, Hendee said.

There were five patches "where there was a little less powder, a voided area, if you will, something had probably or most likely, in my opinion, been there," he said.

Investigators found a 1-gallon plastic pitcher nearby, Hendee said.

A cement anchor with a rebar loop at one end found in Peterson's 14........

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Peterson to stand trial in slayings of wife, unborn son He could face death penalty if convicted

Peterson to stand trial in slayings of wife, unborn son He could face death penalty if convicted

Henry K. Lee, Chronicle Staff Writer Wednesday, November 19, 2003

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Modesto -- Scott Peterson will stand trial for murder in the slayings of his pregnant wife, Laci Peterson, and their unborn son in a case that has captivated the nation since the substitute teacher and former high-school cheerleader disappeared on Christmas Eve.

Capping 11 days of testimony, Judge Al Girolami of the Stanislaus County Superior Court ruled Tuesday that prosecutors had presented ample evidence that the former fertilizer salesman likely committed the crimes -- including a hair found in his boat that FBI scientists linked to his wife and more than 200 phone calls between Peterson and his mistress.

If convicted of two counts of first-degree murder, Peterson, 31, could face the death penalty. Peterson, who has pleaded not guilty in the slayings, is to be arraigned on the charges on Dec. 3.

"The court has considered all the evidence, and it appears to me that the offenses outlined in the complaint have been committed. There is sufficient cause to believe that Scott Lee Peterson is guilty of the crimes," Girolami said at the end of a preliminary hearing.

The decision marks the latest chapter in a saga that has transfixed the public with anguished searches for the smiling mother-to-be, reports of her husband's infidelity -- which he initially denied -- and the discovery of two bodies along the San Francisco Bay shore not far from the Berkeley Marina, where Peterson told police he had gone fishing alone on Dec. 24.

'We're not surprised'

"We're not surprised," Peterson's father, Lee Peterson, told reporters on Tuesday.

Peterson's attorney, Mark Geragos, said the ruling was all but a foregone conclusion. "The standard unfortunately in California . . . is: 'Is the defendant breathing?' " Geragos said. "Obviously, we're gratified at least that we're this much closer to trial and, hopefully at trial, vindication of Scott."

Geragos said he plans to file a change-of-venue motion and appeal the judge's ruling to hold ...........

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Peterson to stand trial for deaths of wife and unborn son

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Judge rules Scott Peterson to stand trial

Judge rules Scott Peterson to stand trial
Defense calls no witnesses at preliminary hearing

Wednesday, November 19, 2003 Posted: 3:00 AM EST (0800 GMT)

MODESTO, California (CNN) -- A judge decided Tuesday to bind Scott Peterson over for trial on murder charges in the deaths of his pregnant wife, Laci Peterson, and their unborn child.

The decision -- on the 12th day of Peterson's preliminary hearing -- quickly followed the end of the prosecution presentation and the defense decision not to call witnesses -- a move that kept Peterson's ex-mistress, Amber Frey, from testifying before the actual trial.

Peterson's next court appearance is set for December 3, when he will face arraignment in Stanislaus County court and when the judge will consider a defense request to move the trial to another county.

Peterson has pleaded not guilty. If convicted for the murders of his wife and their unborn child, Peterson, 31, could be sentenced to death.

The prosecution called two investigators Tuesday morning, including one who recorded Peterson's conversations with Frey starting a week after Christmas Eve, the day officials believe Laci Peterson's pregnant body was dumped in San Francisco Bay.

Detective Jon Buehler quoted from the transcript of several calls and from his interviews with Frey. .......

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Scott Peterson to stand trial

Posted on Tue, Nov. 18, 2003

Scott Peterson to stand trial
JUDGE RULES THERE IS ENOUGH EVIDENCE IN DOUBLE HOMICIDE CASE

By Chuck Carroll and Julia Prodis Sulek
Mercury News

Scott Peterson in court on November 13, 2003. The 31-year-old fertilizer salesman is accused of killing his wife Laci Peterson and their unborn son, Conner.

MODESTO - Scott Peterson, whose alleged role in the deaths of his wife and unborn son has riveted the nation, must stand trial for double-homicide in a case in which he will be fighting for his own life.

Stanislaus County Judge Al Girolami said there was sufficient evidence presented in a four-week preliminary hearing for Peterson to stand trial on the two counts of murder ``with intention and premeditation.''

Peterson did not react, and members of the families involved did not immediately speak to reporters.

No trial date was set, but the judge set Dec. 3 for a hearing on a variety of issues, including whether the trial should be moved to help ensure a fair jury.

The ruling came after the prosecution rested and Peterson's attorneys decided not to call any witnesses.

The final witness presented the contents of some of the taped phone conversations between Peterson and his mistress, Amber Frey, whom Peterson said .....

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Superior Court, Stanislaus County November 18, 2003

Minute Order: Preliminary Hearing (Final Day overview & ruling)

Superior Court, Stanislaus County November 18, 2003

Mitochondrial DNA Evidentiary Ruling

[Devil_Anse]

I pray that Michael Schiavo goes to jail, where in my opinion he belongs.

[MaggieMay]

Polanski slipped out of the country before he was arrested. I would not put it past Michael Jackson.

[RGSpincich]

Investigators studied both personal and business spending -- some records of which had been subpoenaed by a the FBI, using a federal grand jury.

I have the feeling that the "Federal" in all of this relates to the bank and the fact that it's federally regulated. Therefore, a federal subpoena was necessary and MPD relied on the feds to get said subpoena for the financial records.

[MaggieMay]

This is from CourtTV titled,Jan6th"Phone Transcript: Peterson tells
Mistress of Missing Wife.
LINK
http://www.courttv.com/trials/peterson/ambertranscript.html

[Sandylapper]

Thanks, Mags! Is this the same one that someone else (Vel?) posted last night? BBL for a read.

[MaggieMay]

Yes,I had missed it.Sorry Vel,it was post #142,from the thread titled,"Squeamish Scott". I thought this morning I had completed reading yesterday's thread, but obviously I hadn't finished it.

[iaf97]

SP's statements to the press and to AF are definately incriminating and admissible on several grounds. What I find most interesting after ready the transcripts is the deposits of material on Laci's clothing from the autopsy and the foreign clear material found on the hair sample.If the shrink wrap from SP's warehouse and the cement can be linked to the materials described in the autopsy,the DA has a slam dunk in my humble opinion.

[Canadian Outrage]

Good God fiesti!! We can NOT stop praying a hedge of protection and a ring of fire around this girl, that the devil and his henchman cannot penetrate. I'm one of those Christians that believes this battle is SPIRITUAL. It would appear that Hell has vomited out every last demonic force it has, since the Devil knows his time is short. One thing tho, WE have complete POWER over him and he's a toothless tiger. He MUST obey the word of God. eg: Whatever we bind on earth is bound in heaven and whatever we loose on earth is loosed in heaven. The shed blood of Christ will send him fleeing. I'm expecting and believing for a miracle for this girl. Since Schiavo and Felos & Co. have been trying to kill her for years, I am of the opinion that God, intends to spare her life. May Jeb Bush have complete FAVOUR with God and with Man. Amen!! I wish I could be there with you. But in the Spiritual realm there is of course no time or distance too interfere. God Bless all of you who are working day and night on the scene. Mr. and Mrs. Schindler and their daughter, deserve VICTORY.

[Canadian Outrage]

I agree with you. I'm firmly of the opinion that the DA has not even begun to drop their BOMBSHELLS. It took the transcript of ONE phone call between Snott and Amber and Geragos's horns disappeared and he of course decided to call NO witnesses. I'm NOT convinced yet the Dr.'s Lee or Wecht will testify for the Defense. They have both stated that if they are hired by the Defense and their findings cannot benefit the Defense, they DO NOT testify.

[MaggieMay]

You bring up an excellent point,it would provide a tremendous boost to the defense if any of the materials which washed up with Laci can be matched to Lee and Jackie's shipping container/import-export company or Scott's warehouse.

[Canadian Outrage]

Defense Maggs??? Or did you mean Prosecution?

[MaggieMay]

LOL I'm so sleepy I can hardly keep my eyes open. Thanks CO for your post. I did indeed mean prosecution.

[Sandylapper]

Yes, thanks Mags! I did read it. I kept looking for that statement something like, "Yes, I mean no, I didn't do anything to Laci but I know who did". Something like that, right? I thought that remark was in the tapes, but that remark must have been on another tape.

[An American In Dairyland]

>>Court TV reporting that Mark Geragos to represent MICHAEL JACKSON!!!!<<

Yup. Overbooked Attorney. I'd be mighty unhappy if I were a Peterson.

[fiesti]

Mr. and Mrs. Schindler and their daughter, deserve VICTORY.


victory we are praying for...... for all of you who are offering prayers put a candle in the window for her (with the Christmas season coming there are electric ones on sale now)we want to light up the worldon her behalf

[fiesti]

It took the transcript of ONE phone call between Snott and Amber and Geragos's horns disappeared and he of course decided to call NO witnesses

lol Co he also knew he had a multi million dollar client waiting in the wings

[hergus]

Could Attorney Drop Peterson For Pop Star?

Defense Attorney Says Michael
Jackson's Money Could Play A Part In Decision

November 19, 2003
MODESTO, Calif. -- The recent developments that have Michael Jackson facing possible molestation charges could also have an impact on Scott Peterson's impending murder trial.

It was announced Wednesday that Peterson's attorney, Mark Geragos, is now representing Jackson, but Geragos did not comment on how taking on Jackson as a client could affect his status as Peterson's lead attorney.

Noted Sacramento defense attorney and former federal prosecutor Don Heller said Wednesday that Geragos' move could be the first step in possibly leaving Peterson's defense team, especially given Jackson's financial situation.

"If Jackson comes in with a bigger retainer, at this point, he could bail out of Peterson," Heller said.

The reason -- Heller explained -- is that most attorney's fees are set in such a way that after a preliminary hearing and before arraignment, the attorney can withdraw his services.

If Geragos were to step down, that could lead to months of delays as a new counsel is sought for Peterson. And Heller believes that if Geragos continues to represent Jackson throughout Peterson's trial, it could give Peterson grounds for an appeal.

"What could be the issue is that Geragos is handling both and could be spending more time than he should on the other case, and it goes to trial, and he gets convicted. Then he (Peterson) can claim ineffective assistance of counsel, saying he's devoting all his time to someone else, therefore, denying Peterson his Sixth Amendment right to effective assistance of counsel," Heller said.

If that hypothetical situation should arise.... {snip}
...that could be grounds to overturn any conviction, according top Heller.

KCRA sought comment from Geragos, co-counsel Kirk McAllister and the Stanislaus County District Attorney's Office,but.....had not received any returned phone calls.
http://www.thekcrachannel.com/news/2650714/detail.html

[runningbear]

scaught is another sick-o just like jack-o... (singer)

[RGSpincich]

The Lee and Jackie Petersons have encumbered the property at 523 Covena with a deed of trust and an assignment of rents, recorded 11/17/03. IOW, they have probably lent money to SP (spelled attorney fees and house payments) and used the house for collateral. So much for them being the all sacrificing doting parents, pay up kid. They might be trying to rent the place soon, too.

The Rochas may have some claim against this action since they are/will be entitled to Laci's half of the proceeds on the eventual sale of the home.


http://www.criis.com/webtemp/198.81.26.46/29375.00054817.f1.htm

[MaggieMay]

Runningbear, your post #78,reminds me of the saying,"your a poet? but didn't know it!".LOL

Thanks RG,I appreciate,your research concerning the Covena house. I hope the Rochas pursue this with their attorney.