Peterson held over for trial

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.

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

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.

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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

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.

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.

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

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

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
JUDGE RULES THERE IS ENOUGH EVIDENCE IN DOUBLE HOMICIDE CASE

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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One thing I don't understand is WHY the Peterson's didn't stick with McAllister period. Geragos is simply a name. He NEVER seems to DELIVER on his grandiose promises. McAllister is just as experienced as Geragos. He would likely serve Peterson better anyway. I think once the Judge stuck with Gagging the Gasbag, he sort of lost interest anyway. He KNOWS Peterson is guilty. There is very little more money he can suck from them I would assume. So......... we'll see.

RG - The Rocha's must CERTAINLY have a claim against Laci's half of the property. How is it possible for these encumbrances without some consent? I guess it just works differently there from here. I do that type of legal work all the time. But we have a different system of Mortgaging and conveyances here. The work is done by Lawyers NOT Banks. The Assignment of Rents I assume is assigning the rents collected to the Mortgage company should the Peterson's decide to rent the house out. Here, the first thing that would have been done by the Rocha's is to file a Lis Pendens and a Certificate of Pending Litigation against the property. There is NO END to the GALL of these People.

Actually the Deed of Trust was in favor of the Petersons, they are the lenders/beneficiary and they will be entitled to the rents if what they are owed is not paid by other means.

SP is the trustor, meaning he owes the money. Since that bozo will be in jail forever it looks like the Petersons could end up foreclosing on the property. This has all the earmarkings of a landgrab, especially when you consider that Lee and Jackie have SP's Power of Attorney and probably signed for him giving them a claim on the house.

Would it not give them a claim on 50% of the property RG? What can they do about Laci's half which should vest to her estate? How can they foreclose on 50% of the property. To me it sounds like it may come down to a Court Ordered Sale and then Laci's half would go to her heirs and the other 50% could pay the debts. Surely there is a way in CA or any other state for that matter to secure a Joint Tenants portion of a piece of property. Here we call it a Lis Pendens and/or a Certificate of Pending Litigation. Until those charges are discharged, somebody has to be paid out before the property is free to do anything with. Also, since we believe Snott will be found Guilty, he can't profit in any way so are the Peterson's foreclosing on themselves? Way different. I understand what you mean with the P/A. They can do anything Scott could do if he wasn't indisposed. But liquidating and encumbering a jointly owned piece of property seems terrible to me. Here, the estate would have to be settled first.

Here, the estate would have to be settled first.

Given the circumstances, I'm sure the same is true here, too. The Rochas will see to that. My comments were more aimed at the intentions of the Petersons and their vindictive nature. I don't think it's coincidental that SP gets held over for trial and on the same day the Petersons start piling paperwork up on the house he shared with Laci.

But I think, CO, that if Scott and Laci owned that house as joint tenants with right of survivorship, then on the death of one tenant, the other tenant succeeds to ownership of the whole thing.

First thing to consider is that there is probably not that much equity in the house to begin with. So it is probably not that large a sum of money that we are talking about here.

Secondly, the way for the Rochas to collect what Laci is due is to file a civil injury suit against Scott for murdering her. If they won such a suit, they could collect against all of Scott's assets--not just against "Laci's half". In the meantime, as to things which Laci owned separately, I guess it would depend on whether she had a will.

All in all, there may not be all that many assets there. And I dearly hope that any remaining assets Scott owns end up being seized by the Rochas to help pay a judgment against him.

Would it not give them a claim on 50% of the property RG?

Technically, SP owns the place because he is the surviving joint tennant as DA has stated. They did hold title as joint tennants. There are laws and civil remedies that will prevent him from getting Laci's half if he is deemed to have caused her death. BUT as far as the Petersons are concerned, I don't if the laws address liens on the property by family members of the accused. Might be a loophole.

they make me sick!

Speaking of integrity challenged individuals...

Matt Dalton came from the LA DA's office? Quit(?) there in February of last year, did a brief stint w/Geragos and went on to let his mouth get him in trouble again.

I'm sure this is the same one. There is one other Matt Dalton listed at the Bar, he's a Public Defender in Oakland.

Mad Dog Dalton on the move again.

I've never known of anyone who was in jail for years on end in this country, w/o ever having been found guilty of a crime.

OJ spent about a year in jail, didn't he? Only b/c no bail was allowed for capital murder. 99% of offenses charge allow a bail amount to be set. The bail amount is changeable, to reflect the prisoner's prior record of violence, and his level of threat (if any) to the victims of the crime charged. Prisoners can ask a judge over and over again, if they choose, to have their bail amount lowered. They get to present evidence to support their position.

Sometimes court dockets are clogged. But years on end? Not that I've ever heard of.

"I've never known of anyone who was in jail for years on end in this country, w/o ever having been found guilty of a crime."

A while back when there was discussion on the Westerfild thread about him not waiving his right to a speedy trial there was discussion on how soon the trial would have to take place if he did not waive his right.

I did a Google search and came up with a thread that gave a case where a person has been in jail for 5 years and has never been charged yet. I am unable to find that thread but found this one this time.

SWIFT JUSTICE? THE RIGHT TO A SPEEDY TRIAL

"Although four murder suspects were quite pleased with a City judge's decision to dismiss first-degree murder charges against them, others, including the victim's family, have reacted to these dismissals with outrage. According to Judge Roger W. Brown, these defendants were denied their state constitutional rights to a speedy trial by being placed on hold for nearly three years. Yet, his dismissal of all charges against these men has prompted many serious questions about our criminal justice system:"

Swift Justice?

Okay. I see. Here we must TRANSFER the 50% to the surviving joint tenant. My point however, is that the Rocha's on Laci's behalf should have filed some type of Pending Court Action against the property which would effectually leave the property in limbo until all the rest of the stuff is resolved. If the Peterson's are allowed to basically "steal" Laci's portion of the home, there needs to be some serious changes in property law there. That is a loophole that should NOT exist. How can they encumber something that may NOT ever be Scott Peterson's. There is a rather large issue to be resolved yet. I REALLY dislike those people. They are deceitful, greedy, disgusting and lack all measure of decency whatsoever as far as I can see.

All I'm really saying, Spunky, is that there are not legions of people sitting rotting in jail without ever having been charged with a crime, or without being allowed a hearing to try to get out.

The main thing, in my experience, which might make a person stay in jail a fairly long time PRE-TRIAL, is the back-up of court dockets in some jurisdictions.

But the fact is that most persons awaiting trial for a crime have a bail amount set for them. The bail amount is set taking into consideration the person's likelihood of not showing up for court if released, his prior violent offenses, his likelihood of harming the victims of the crime he's charged with, etc. The person can ask repeatedly for his bail to be lowered.

With capital murder, of course, no bail is set. Yes, that is a problem even for people like OJ who could meet almost any bail requirement. Sorry, OJ--you should've gotten arrested for something other than capital murder!

There are agencies which will work with prisoners awaiting trial to put up their bail for them. This is designed to help those who are too poor to raise even a moderate bail amount. If a prisoner is bailed out by one of these agencies, usually there is a requirement that he report periodically to be tested for illegal drug use. If his urine samples are clean, he stays out.

There was one very unusual case I know of where a deaf-mute man was lost in the system for a while. But someone found him, fortunately, and his rights were secured.

As for being in jail for 5 years w/o being charged, I guess it depends on what you mean by "charged". Charges are brought by police, and that results in arrest. Charges are brought by DA's, and that results in a preliminary hearing. Charges are brought by grand juries, and that is indictment.

There are periodic court dates built into the system. The police can't hold a person longer than 72 hours without bringing him before a judge or magistrate, who is supposed to be an impartial evaluator of whether the person should be held or not. This even goes for juveniles.

RG and Dev: When a joint tenant on a piece of property dies here, the FIRST thing that must be done is that an ORIGINAL Death Certificate together with an application and of course applicable FEES & TAXES must be submitted to the Land Title Office Registry with a Transfer to the Surviving Joint Tenant. If All other Assets were NOT joint and the amount of the estate exceeds $10,000.00 then the Estate MUST be probated. After Letters Probate are issued by the Court, the property will then be transferred. If all the other assets are joint, the transfer to surviving joint tenant can take place right away. Of course, if there are debts against the Title the Surviving joint tenant would inherit those debts. In THIS CASE HOWEVER, with a criminal act involved, It is just incomprehensible to me, that no provision would be available for the Rocha's to essentially tie the property up by filing whatever it is CA calls it. It makes me NOW wish more and more that the SR. Peterson's would be charged with an aiding and abetting charge as well as their son being a PRE-meditating double murderer. The whole situation just irritates me. Where are the protections for the victims of these crimes?

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