Distaso attacks defense motion

The Modesto Bee ^ | Jan 8 2004 | John Cote'

[runningbear]

Distaso attacks defense motion

Distaso attacks defense motion

By JOHN COTÉ
BEE STAFF WRITER

Last Updated: January 8, 2004, 08:14:12 AM PST

Prosecutors Wednesday countered a defense effort to dismiss double-murder charges against Scott Peterson. They argued that there was only one reasonable explanation for the bodies of his wife and unborn son washing ashore along San Francisco Bay:

"The evidence leads only to the conclusion that Laci was killed at the hands of another (the defendant)," Deputy District Attorney Rick Distaso wrote in documents filed in Stanislaus County Superior Court.

The defense contends prosecutors failed to show at a November 2003 preliminary hearing that Laci Peterson's death involved a crime or provide evidence Scott Peterson killed her.

Peterson was ordered held for trial on charges he murdered his wife and their unborn son, Conner, following the 12-day hearing. Prosecutors are seeking the death penalty.

Prosecutors need only establish probable cause -- a low threshold of proof -- at the preliminary hearing.

Legal observers have said the defense motion has little chance of success. A hearing on it is set for Wednesday.

The defense maintains prosecutors failed to establish that Laci Peterson's death was a homicide. Her nearly skeletal remains were found in April 2003. A medical examiner listed the manner of death as a homicide but was unable to determine the cause of death.

Prosecutors contend there are three possible explanations for how Laci and Conner Peterson's bodies found their way to San Francisco Bay: foul play, an accident or suicide........

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Judge: Try Peterson in bigger city

Judge: Try Peterson in bigger city

Mark Geragos and Pat Harris, attorneys for Scott Peterson, arrive at the Stanislaus County Court house on Thursday. By MARTY BICEK/THE BEE

Lee and Jackie Peterson, the parents of Scott Peterson, speak to the press as they arrive at the Stanislaus County Courthouse on Thursday. By MARTY BICEK/THE BEE

By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS

Last Updated: January 8, 2004, 03:57:27 PM PST

Santa Clara, San Mateo and Alameda counties are on the short list of where Scott Peterson's trial on double-murder charges will be held. Superior Court Judge Al Girolami ruled this afternoon that the trial should be moved out of Stanislaus County because of massive pre-trial publicity.

Girolami directed the prosecution and defense to suggest three options each. He told them to consider the following criteria for those locations:

They must be larger metropolitan areas.

They must be communities within driving distance to Modesto.

They must be near a major airport.

Girolami and the attorneys came up with the three Bay Area options. The judge will send the list to the state Administrative Office of the Courts, which will then issue its own list, based on which counties have the available space and personnel for the case.

Girolami said he regretted the inconvenience and hardship the move will cause for witnesses in the case, and the significant cost for the county.

Peterson, 31, is accused of murdering his wife, Laci and their unborn son. Their bodies washed ashore along the San Francisco Bay in April, near where Peterson told police he went fishing on Christmas Eve 2002, the day he reported his .......

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Trial site on docket; if it moves, costs climb

Trial site on docket; if it moves, costs climb

By GARTH STAPLEY
BEE STAFF WRITER

Last Updated: January 8, 2004, 08:44:23 AM PST

The cost to move a high-profile trial -- which can be exorbitant -- isn't supposed to enter a judge's mind when he or she makes the big decision.

But there is no way around this fact: It's expensive.

And inconvenient.

"The expense just builds and builds," said Thomas Testa, a San Joaquin County prosecutor who handled two multiple-murder trials moved to Santa Clara County.

In many cases, the extra costs amount to several hundreds of thousands of dollars.

And the Peterson proceeding isn't a run-of-the-mill case. The preliminary hearing alone stretched across three weeks, and the trial is expected to last six months.

Judge Al Girolami today is set to hear arguments from both sides over Peterson's request to move the much-anticipated trial. It is scheduled to begin Jan. 26 but could be postponed, particularly if Girolami says a fair trial in Modesto is unlikely.

Peterson, 31, is charged in the slayings of his wife, Laci, and their unborn son, Conner. Prosecutors seek the death penalty.

Costs of moving proceedings can stack up quickly -- for everyone involved.

"Little things you don't think about: paper clips, fax machines, a courier service, socks," Testa said. "You've got to orchestrate things that now are on automatic pilot. One night I was driving around in the rain at 11:30, getting lost, looking for a

Magic Marker for an exhibit for the next day."

Aside from attorneys, trials require judges, clerks, bailiffs and stenographers, as well as witnesses, including experts who might need to fly in from anywhere in the United States..........

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Bay Area may get Peterson trial

Posted on Fri, Jan. 09, 2004

Bay Area may get Peterson trial

By Julia Prodis Sulek
Mercury News

MODESTO - The fate of Scott Peterson may end up in the hands of 12 people from Santa Clara County.

Stanislaus County Judge Al Girolami ruled Thursday that the trial should be moved from Modesto, preferably to Santa Clara County, because overwhelming publicity and the community's connection to the case would make it difficult to find a fair and impartial local jury. Peterson is accused of murdering his pregnant wife, Laci Peterson, and their unborn son.

Santa Clara County is Girolami's top choice, with San Mateo and Alameda counties next on his list. Girolami grew up in downtown San Jose and attended Santa Clara University School of Law.

In court Thursday, Girolami said he prefers that the trial be held within driving distance of Modesto and near a major airport. A panel of judges across the state will take the judge's recommendation and survey counties to determine whether they have the time and space to host a trial that could last as long as six months and attract scores of national journalists.

Santa Clara County appears poised to take it on.

``If the venue is changed to Santa Clara County, we are more than willing to accept it and do what we need to do,'' Kim V. Kelly, assistant chief executive officer for Santa Clara County Superior Court, said Thursday afternoon.

Santa Clara County has a history of inheriting high-profile cases -- from Cary Stayner's Yosemite murder trial in 2002 to the case of Richard Allen Davis, who kidnapped and murdered Polly Klaas, and even back to the 1970 trial of black activist Angela Davis, who was acquitted of murder, kidnapping and conspiracy.

In court Thursday, Girolami said he regretted the ........

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State court revisits murder of a fetus
What if attacker is unaware of pregnancy?

State court revisits murder of a fetus
What if attacker is unaware of pregnancy?

Bob Egelko, Chronicle Staff Writer Thursday, January 8, 2004

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The state Supreme Court returned to the stormy issue of fetal murder for the first time in a decade Wednesday with arguments over whether a Northern California man who killed his ex-girlfriend could be convicted of a double murder if he didn't know she was pregnant.

In a ruling that is due within 90 days, the court must define a law it was instrumental in passing. The court ruled in 1970 that a man who stomped on his pregnant ex-wife, deliberately killing her fetus, was not guilty of murder because the state's murder law applied only to the killing of a human being.

The California Legislature immediately expanded the state's murder law to cover the killing of a fetus without the woman's consent. Wednesday's hearing, in a case from Mendocino County, concerned the scope of the law: whether a defendant unaware of the intended victim's pregnancy can be convicted of fetal murder.

A ruling in the state's favor could lead to more prosecutions under the law, possibly including some death penalty cases.

Nationally, the issue of crimes against a fetus has become a battleground in Congress, where opposing sides in the abortion debate are battling over legislation that would make it a crime to injure or kill a fetus during a violent federal crime on a pregnant.........

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Laci Peterson's mother endorses Kentucky's 'fetal homicide' bill

Laci Peterson's mother endorses Kentucky's 'fetal homicide' bill

By BRUCE SCHREINER
Associated Press

FRANKFORT, Ky. -- The mother of Laci Peterson urged Kentucky lawmakers Thursday to act in the "interests of true justice" and pass a "fetal homicide" bill that has been stymied for years.

Sharon Rocha, whose daughter and unborn grandson were found dead along the California coast last year, wrote a letter endorsing a bill that would apply homicide statutes to a fetus from the time of conception.

The bill also picked up support from Gov. Ernie Fletcher, who told a Capitol rally, "It is time that we pass this legislation."

Under rulings by the Kentucky Supreme Court, a fetus is not a person until a live birth occurs. In one defining case, the court overturned a murder indictment against a man who attacked his pregnant wife and killed the fetus.

In her letter, Rocha said if her daughter and unborn grandson had died in Kentucky, it would have resulted in a single homicide charge.

She said if a mother survives an assault but loses her fetus, Kentucky law doesn't recognize any loss of human life. She said "this injustice would be cured" by enactment of the bill, named the Caleb-Haley Act to memorialize two babies .......

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Peterson Trial To Move Out Of Modesto

Scott Peterson

Peterson Trial To Move Out Of Modesto
Judge Cites Pre-Trial Publicity In Ruling

POSTED: 9:50 AM PST January 8, 2004
UPDATED: 2:56 PM PST January 8, 2004

A Superior Court judge has granted a change of venue in the Scott Peterson murder trial.

NBC11 reporter Karen Brown said the judge pointed to the inordinate amount of publicity given to the case in Modesto and that so many residents sympathized with victim Laci Peterson in her own hometown.

He also pointed the small size of Stanislaus County, with a population of 500,000 -- thus reducing the pool of potential jurors, as a reason for his decision.

The judge's decision denied arguments by county prosecutors that news coverage of the case, which gained national notoriety as Laci Peterson's disappearance went unsolved for nearly five months last year, is so widespread in California that there is no point in moving the trial.

Defense lawyer Mark Geragos argued in court papers that Peterson has been demonized and that the prosecution's argument "can be boiled down to the old adage, 'Sure we can give him a fair trial, then we will take him out and hang him."'........

[runningbear]

yes indeedie.... ;o)

[Lucy Lake]

Since insurance was discussed recently, this may be of interest:

Wal-Mart Settles Insurance Policies Suit
www.yahoo.com | 01.09.04 | DAVID KOENIG

DALLAS - Wal-Mart Stores Inc. has settled a lawsuit over its practice of taking out life insurance on employees and making itself the beneficiary.

The settlement with families of employees who died was reached hours before a federal appeals court ruled against the giant retailer. Terms of the deal, reached earlier this week, were not disclosed.

Wal-Mart officials said the settlement could benefit relatives of 150 to 500 employees although only about six families were part of the lawsuit.

The families who sued alleged that Wal-Mart never told workers about the life insurance policies — Wal-Mart disputes that claim — and said they were enraged that the company profited but they received nothing from the proceeds.

[Devil_Anse]

Thanks for posting it, grizzfan. This story, with focus not just on Wal-mart, but on all companies, has been in the news in the past year. An employer has an insurable interest in an employee. It is my understanding that most or all of the larger companies do this. You can bet, also, that small companies' investment managers have probably suggested this to them as a legal way of increasing their wealth. My husband works for a small outfit, but I have often wondered if they have insurance on his life.

This practice is an excellent reason for the law discussed b/f on the Laci threads: a law that REQUIRES that an insured be notified when the life insurance is taken out. Right now, maybe life insurance companies may have an internal policy of informing the insured, but that is not the same as a LAW. For once, I have to say, "there ought to be a law." Everywhere.

If there were, though, you could bet that (especially the larger) companies would give the employee notification in such a way that some employees wouldn't notice or comprehend. They might do this the same way credit cards notify people of the constant changes they make in the contract--by sending notification in little pamphlets filled with microscopic printing. IMO, everyone who works for someone other than himself should ASK the employer now, if there is life ins. on his life with someone outside his family as beneficiary.

[runningbear]

A slow Monday:

Statement from Dr. Marvalene Hughes, President of California State University, Stanislaus, regarding the Schoenthaler survey.....

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Fake results tarnish university's reputation

Fake results tarnish university's reputation

Saturday, January 10, 2004

By Editorial Board - Turlock Journal Local students didn’t do their university - or Turlock - any good by lying. In fact, because of their deceit, there’s a black mark next to the name California State University, Stanislaus.

We’re talking about the handful of CSUS students who fabricated survey results which impacted a Stanislaus County judge’s decision to move Scott Peterson’s capital murder trial out of Modesto.

“We falsified the info,” said a 20-year-old criminal justice student. “The stuff we submitted wasn’t true.”

He was referring to a 10-county survey compiled by 65 CSUS students that attempted to gauge existing bias against Laci Peterson’s husband.

We find it hard to believe that the professor who oversaw the study, Stephen Schoenthaler, missed the fact that some of the survey results were bogus.

The seniors cited the lack of time and money as the reasons why they did what they did. They said they were required to participate in the survey for 20 percent of their grade, and were given no money for the dozens of lengthy long-distance phone calls they would have to make.

Some just made up the answers, they said, while others used answers from friends or relatives.

The judge who made the venue-changing decision said his ruling was based, not on the survey results, but on the massive amount of publicity that continues to surround this high-profile case.

We hope that’s the case. After all, what credence could, and should, be placed on results of a telephone survey hastily conducted by undergraduate students?

The university - and the Stanislaus County district attorney - are each conducting their own investigation into the allegations of impropriety. According to CSUS, discipline for the students could range from community service to suspension or expulsion.

Whatever the outcome, it’s irresponsible and unethical for a faculty member to assign such a sure-to-fail project, and for criminal justice students to make a mockery of the very subject they purport to embrace.........

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The Laci Story to Hit the Small Screen

The Laci Story to Hit the Small Screen

Written by: Lynda Dale MacLean

Life in pictures, is not how this story was supposed to play out.

On February 13, 2004, the USA network will be airing The Perfect Husband: The Laci Peterson Story as mentioned in the article by Bruce Fretts in the January 3rd-9th TV Guide, which will star actor Dean Cain as Scott Peterson.

My first reaction had my stomach drop like an elevator without any stop button to push, followed by a crush of disgust.

This story, the newest of recently televised true-life stories: A Date With Darkness: The Trial and Capture of Andrew Luster, The Elizabeth Smart Story, Saving Jessica Lynch were all ripped from the headlines and beamed into the livingrooms of millions to watch, which only prompted me to think. Why do we need another life tragedy brought to the small screen so soon? I'm not putting down the fact that a TV movie has been produced; only that it has been done so quickly.

Let me make it perfectly clear that I'm not saying there isn't a story here to be told, as long as it is for the right reason and not just for making a tragic event become a station's platform for glamorized ratings. It also seems to me that the local news has now become the hot place to find potential manuscripts to be turned into quick and flashy movies of the month.

I've probably watched dozens of TV movies that were based on, inspired by, or however it may be interpreted, so I can't say I'm not interested, or curious to what this movie is going to hold. My problem with televising such stories is the........

[drjulie]

"There were some big-time cheaters who made it to the very top levels of the class. There were also some big-time studiers who did that; their massive effort was cheapened by what the cheaters did."

How true. We spend a significant amount of time and effort today in academia preventing & dealing with academic dishonesty. I guess it is just a reflection of the sad state of our society. Oh and don't forget Scott - what a cheater. I know he is not on trial for marital infidelity but we certainly can gain insight into his character by examining his honesty in relationships.

[Devil_Anse]

Yes, Drj, and IMO, honesty is an across-the-board character trait which cannot be "compartmentalized". We learned this during the Rapist's debacle.

IOW, I think a person who will cheat on their spouse will also not hesitate to lie or otherwise defraud in other situations.

[Devil_Anse]

I'm with Lynda Dale MacLean on this one: we don't need a made-for-TV movie about Laci and Scott. Perhaps a hundred years from now, such a movie might be a fascinating glimpse into life as it is now, among other things. But not now.

[Devil_Anse]

Hi. Why do you continually sign up on FR, in spite of having been rightfully banned for posting an inappropriate thread (then playing the part of victim to the hilt), jengaio/tapu/The Boston Stranger/Wheat/calcetines/cafecito/stdiego/Cotter Pin/hsimon/just vincent/Gina Joe/Aussie Cattledog/Yesenia/EllisV/editer/Williewonta/etc.?

To take a phrase from what you said to me, I would like to suggest that you Just. Go. Away.

[Lucy Lake]

Sometimes mentally ill people don't realize they are displaying abnormal behavior.

[Devil_Anse]

True. But when they've been going to a therapist for years, and when the therapist has even told them that they can quit coming b/c they are up to speed, and yet they say, "No!" and continue to go, you'd think they'd have a clue, finally.

Of course, I think the reason this person continued with the therapist in spite of the therapist's gentle nudge, is b/c she loves the luxury of spending hours talking about NOTHING BUT HERSELF. It's called narcissism.

[Devil_Anse]

P.S. She has freely told people out in the open, on the threads, on THIS forum, that she has been to rehab more than once, and that she has been in therapy--and she's told them much more than that. See, her favorite thing to do is to talk about herself, and that overrides the normal urge that most people have to keep their own business to themselves.

[Lucy Lake]

she loves the luxury of spending hours talking about NOTHING BUT HERSELF. It's called narcissism.

Really wasn't 'cured' after all. Hmmm, a new therapist may be needed!

[Devil_Anse]

LOL, good idea!

I dunno, though, grizzfan... sometimes a person just can't be changed enough to make a difference. That may be what we have here. Or... maybe she's conned her therapist, the way she has conned so many others (including me--in the past.)

[Canadian Outrage]

The best thing to do we "these types" is IGNORE them. Just don't answer a single post. Pretty soon they will get bored and go away.

[Lucy Lake]

I would be embarrassed to show up on a site where people are laughing at and making fun of me.

[Devil_Anse]

I think I'm the only one doing that. But I was explaining myself as I went along. And, frankly, I think I've given her more explanation on here than she deserves. Many of those who have talked to both her and me in the past are aware that she has laughed at and made fun of me PLENTY.

[Devil_Anse]

I know, CO. Your advice is mature and is on the mark. But I have sat silent for a while on this issue (at least publicly silent), while she has on occasion trashed me, and it is just annoying to see her come on here, playing the part of an innocent newbie, when in fact she is an FR-hater.

[Lucy Lake]

No, you're not the only one. Jim wouldn't let me post what someone else said about her; he'd ban me. Hehheh, it WAS pretty bad.

[Devil_Anse]

LOL, I can only imagine.

Congratulate him on having figured out in a snap what it took some of us (okay, me) months to figure out: she is to be avoided.

[Canadian Outrage]

very interesting bear!!