Judge Denies Peterson Dismissal Petition

KTVU News ^ | Jan 14 2004

[runningbear]

Judge Denies Peterson Dismissal Petition

Starting back with this story. (all, those who didn't see this, watch the video clip of the court room action)

Judge Denies Peterson Dismissal Petition

POSTED: 11:06 AM PST January 14, 2004
UPDATED: 12:19 PM PST January 14, 2004

MODESTO -- As expected, a judge Wednesday denied a petition by Scott Peterson that sought to have the capital murder charges against him dismissed, but not before an emotional prosecutor Rick Distaso pointed at the Modesto fertilizer salesman and proclaimed that "this man murdered Laci Peterson."

Courtroom Video: Attorneys Spar During Wednesday's Hearing

Judge Maria Silveira, sitting in for presiding judge Al Girolami, heard arguments on both sides in what is called a Penal Code Section 995 hearing. Such hearings, court experts said, are common in all murder cases. Following the preliminary hearing, the defense asks the court to dismiss the charges, claiming prosecutors have not established enough evidence for a trial.

After defense attorney Mark Geragos attempted to make his case, Distaso reiterated much of the evidence presented at the lengthy preliminary hearing. Calling the defense arguments "impossible," Distaso concluded his presentation by pointing at Peterson and saying: "If those things were impossible, then this man murdered Laci Peterson."

Geragos arose and attempted to rebut Distaso and in doing so tipped his hand for the upcoming trial. He said the prosecution could not explain the estimated age of Laci Peterson unborn son, whose body was found in the waters of the San Francisco about 24 hours before her remains were discovered in April.

"This case is nothing more than the prosecution deciding early on that this man (Peterson) is having an affair, don't bother me with the facts, I got to convict this guy," Geragos said. "Period. End of story. They (the prosecution) don't want to deal with the physical evidence and they don't want to admit they have no case."

Silveira was not moved by the defense's arguments and dismissed the petition. She also ordered Dr. Stephen Schoenthaler, his records, and representatives from California State University Stanislaus to appear at a January 20 change of venue hearing.

The validity of a potential juror survey of county residents done by Schoenthaler's class and submitted as evidence at last week's change of venue hearing has been challenged after a local newspaper quoted students who said they had falsified their information.

In regards to the change of venue, the Judicial Council of California announced on Tuesday that the trial can be moved to Alameda, Santa Clara, San Mateo or Orange counties.

Video: Judge Al Girolami Explains The Reasons To Move Trial

The ruling came down after those courts informed the Judicial Council that they were able to accommodate the change of venue without undue burden. The three Northern California counties were the preference of Girolami, who will announce where the trial will be moved to at a hearing scheduled for Jan. 20.

Peterson is charged with killing his wife, Laci, and unborn son, Connor, in the early morning hours of Christmas Eve 2002. Prosecutors contend that Scott Peterson drove his pregnant wife's remains to San .........

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Judge Tosses Out Motion To Dismiss Charges Against Peterson

Judge Tosses Out Motion To Dismiss Charges Against Peterson

POSTED: 1:34 PM PST January 14, 2004
UPDATED: 1:51 PM PST January 14, 2004

Double murder charges will stand against Scott Peterson in the killings of his pregnant wife and unborn son, a judge ruled Wednesday, rejecting a defense motion to dismiss the charges.

Stanislaus County Superior Court Judge Marie Silveira denied the motion to toss out the charges on defense claims that prosecutors did not present enough evidence of a crime during a preliminary hearing last year.

Defense lawyer Mark Geragos said evidence from the 11 days of testimony showed that Laci Peterson was abducted and that her husband could not have killed her. Prosecutors said that claim was ridiculous.

Peterson, 31, is charged with two counts of murder that could bring the death penalty. Laci Peterson was eight months pregnant when she vanished from her Modesto home on Christmas Eve 2002. The remains of her body and the fetus she was carrying washed ashore along San Francisco Bay in April two miles from where Scott Peterson said he was fishing when she disappeared.

During the hearing, the judge also ordered a university professor who oversaw a student survey of potential jurors to appear in court Tuesday at a hearing to decide where the trial is moved..........

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Peterson defense outlines theory

Posted on Thu, Jan. 15, 2004

Peterson defense outlines theory LAWYER SAYS MEN KILLED MOM, BABY

By Julia Prodis Sulek
Mercury News

MODESTO - For the first time, Scott Peterson's defense attorney spelled out Wednesday just how he contends Laci Peterson and her unborn son died and ended up along the banks of the San Francisco Bay, but he failed to get murder charges thrown out against his client.

Two strange men accosted Laci Peterson as she walked her dog in Dry Creek Park near her Modesto home the morning of Dec. 24, 2002, defense attorney Mark Geragos said in court Wednesday. They kidnapped her, held her for up to seven weeks and, either when the baby was born or the abductors removed the baby from the womb, they killed mother and child. Laci Peterson was bound with duct tape, the baby was put into a plastic bag, and the two were thrown into San Francisco Bay, he said.

Elements of the defense scenario had been hinted at during the preliminary hearing when the prosecution laid out its evidence. But, with a monthslong gag order in place, it wasn't until Wednesday that the defense had an opportunity to string them together publicly as a cohesive alternative explanation of the crime.

Geragos argued Wednesday that prosecutors did not present enough evidence during the preliminary hearing to make Peterson stand trial on murder charges, and ignored key evidence suggesting other killers.

``It's a prosecution without a theory,'' Geragos told Stanislaus County Judge Marie Silveira, who nonetheless ruled Wednesday that the presiding judge, Al Girolami, was right to bind Peterson over for trial.

Prosecutor confident

Stanislaus County prosecutor Rick Distaso maintained Wednesday that his case is strong: that Peterson, who was having an affair, killed his pregnant wife and dumped her in the San Francisco Bay, where mother and son washed up separately four months later. Peterson's alibi -- that he was fishing in the bay the day his wife disappeared -- only helps prove his guilt, Distaso said.

But Geragos said prosecutors ignored a witness who said she saw two men in Dry Creek Park yelling at a pregnant woman who looked like Laci Peterson and was walking a dog that morning. Prosecutors also failed to explain why the baby appeared full term or near full term when he was found on the beach -- even though Laci Peterson was eight weeks shy of her due date when she disappeared -- and how tape managed to get wrapped and knotted around the baby's neck..........

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Professor to discuss Peterson polling

Posted on Thu, Jan. 15, 2004

Professor to discuss Peterson polling

By Brian Anderson
CONTRA COSTA TIMES

MODESTO - Controversy continued to swirl Wednesday around a now-questioned student survey cited by defense lawyers in a successful bid to move Scott Peterson's murder trial.

At the request of prosecutors, Judge Marie Silveira ordered California State University professor Stephen Schoenthaler to appear in court Tuesday to discuss the validity of surveys students have said were a fraud.

The Cal State Stanislaus professor has been under fire from prosecutors, who want to talk to students who told the Modesto Bee they lied on a class project documenting public opinion.

Wednesday's hearing focused on a defense request to toss an order holding Peterson, 31, on murder charges -- which Silveira denied -- but prosecutor David Harris zeroed in on the survey.

"What we have to do is find out who these students are and verify their stories," Harris told Silveira. "I think that goes to the very merits of what we're trying to do here, which is search for the truth."

Harris issued a subpoena ordering Schoenthaler to attend Wednesday's hearing and produce documents relating to what he said was a class project. Silveira declined Harris' request to order Schoenthaler to turn over the information, saying she was assigned only to review the motion to dismiss the holding order.

In that matter, Silveira said she was not allowed to rule on the strength or weakness of the evidence. Instead, she was charged with deciding if evidence presented at the November preliminary hearing generated "reasonable suspicion" Peterson had killed his wife and unborn child, she said.

The evidence was sufficient, Silveira said, to back the holding order.

Defense attorney Mark Geragos had argued police wrongfully focused on Peterson from the moment his wife, Laci Peterson, was reported missing Dec. 24, 2002. Investigators and later prosecutors refused to review other viable theories, he said.

"They don't want to deal with the physical evidence," Geragos said. "They don't want to deal with the fact that they don't have a case."

He pointed to autopsy results indicating her fetus was three to seven weeks older than it was when she vanished. That indicated she was still alive after being reported missing, he said, and while her husband was under extensive police scrutiny.

The case has attracted massive media attention from the..........

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Survey review could take months

Survey review could take months

By GARTH STAPLEY
BEE STAFF WRITER

Last Updated: January 14, 2004, 09:10:50 AM PST

A California State University, Stanislaus, investigation into a survey scandal involving the Scott Peterson double-murder case may last several weeks or months, President Marvalene Hughes said Tuesday.

A preliminary inquiry launched Thursday at the Turlock campus, which had been predicted to take a week, has evolved into the full-blown investigation, Hughes said.

"I want the community to have the patience that is needed in order to investigate this case thoroughly and appropriately," she said.

Stanislaus County Superior Court Judge Al Girolami cited the 10-county survey, overseen by Professor Stephen Schoenthaler, in a decision Thursday to move the Peterson trial out of Modesto. Girolami did not know about allegedly falsified survey data until later Thursday.

Peterson, 31, is charged with killing his pregnant wife, Laci, and their unborn son, Conner. Prosecutors are seeking the death penalty.

Also Tuesday:

Another criminal justice student came forward to The Bee, bringing to nine the number who have claimed fabricating survey responses. All said they were pressed for time during finals and worried about telephone bills because they were required to make dozens of lengthy, long-distance calls with their own phones.

A national association of pollsters issued a rare official statement, calling the survey a disgrace if the allegations are true.

Another judge extended Sharon Rocha's authority over the estate of her daughter, Laci Peterson. Schoenthaler continues to teach a course during Stanislaus State's winter term, university spokesman Don Hansen said, and is expected to teach other classes during the spring semester. Hughes said the professor will remain on the job during the investigation.

"I would like to give the community the absolute assurance that we will take all cautions necessary .........

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Professor Feels Heat Over Scott Peterson Survey

Prosecutors Want To Talk With Student Who Say They Faked Survey

POSTED: 4:20 PM PST January 14, 2004
UPDATED: 5:32 PM PST January 14, 2004

MODESTO, Calif. -- A survey overseen by a California State University, Stanislaus professor found that 70 percent of people in Stanislaus County think Scott Peterson is guilty. But then came the details that some students faked the poll. Now, the prosecution is demanding answers from the professor.

It was supposed to be a hearing only about Scott Peterson Wednesday, but Professor Stephen Schoenthaler (pictured, left), who oversaw a survey used to argue a change of venue in the case, was back on the hot seat.

"The witness that was subpoenaed, we hope to get those records so we can get to the truth and find out if there was fraud on the court," said senior Deputy District Attorney Dave Harris.

Prosecutors want Schoenthaler to turn over paperwork that may lead investigators to the nine anonymous students who allegedly came forward to a local newspaper, claiming they faked survey results used to decide if Peterson's trial should be moved.

"It has been reported in the major news media that the survey that was used by Dr. Schoenthaler was fraudulent. What we are attempting to do is to see if that is," Harris said.

After a short discussion, the judge ordered the professor to come back to court on Jan. 20 -- the same day Judge Al Girolami is expected to rule on where Peterson's trial will be moved.

Outside the courthouse, Schoenthaler said there are two sides to every story and he is not going to make any comment until Jan. 20. Instead, his attorney -- Ernie Spokes -- did all of the talking. He has reservations about the students who made the allegations.

"They are anonymous allegations from people that are too cowardly to show their faces," Spokes said.

Spokes said his client had no idea any of his 60 students made up answers.

"He is disappointed. He is terribly devastated that these students would embarrass him, the university and the public opinion polling industry.

Even if Schoenthaler didn't know the students may have cheated, university officials are now investigating whether the professor is at all to blame for the oversight........

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Websleuth website

""She said Laci passed out after he hit her, he got her out of the house and killed her. Tied cement to her body, taped her up (she made motions around her face). Said SP has disassociated himself from the panic killing and has been giving clues all along to what happened."".........

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Judge denies Peterson's bid to have charges dismissed

Judge denies Peterson's bid to have charges dismissed

Scott Peterson listens as prosecutor Joseph Distaso responds to defense attorney Mark Geragos's reasoning to dismiss the Peterson case. BART AH YOU/THE BEE

By JOHN COTÉ
BEE STAFF WRITER

Last Updated: January 14, 2004, 02:47:12 PM PST

A judge today denied Scott Peterson's bid to have the charges against him dismissed, finding there was sufficient evidence presented at his preliminary hearing to hold him for trial.

Stanislaus County Judge Marie Silveira also ordered a professor who oversaw an allegedly fraudulent survey in the case to return to court Jan. 20 after prosecutors subpoenaed him to appear today.

Judge Al Girolami considered the survey in his decision last week to move Peterson's trial, and prosecutors could ask the judge to revisit his ruling.

Nine students out of about 65 who performed the survey have said they falsified their results.

Prosecutors now appear poised to raise the issue next week, when Girolami was scheduled to address where Peterson's trial will be moved.

Peterson, 31, is charged with murdering his wife, Laci, and their unborn son. Prosecutors are seeking the death penalty.

The defense motion to dismiss the charges was widely viewed in legal circles as a long shot, but today's hearing provided a forum for the prosecution and defense to give context to cases that were presented piecemeal at Peterson's preliminary hearing.

The defense had argued in court filings that prosecutors failed to show Laci Peterson's death involved a crime, but took a different tack in court today, saying the evidence pointed to her being abducted by someone after her husband had gone fishing the morning of Christmas Eve 2002.

Defense attorney Mark Geragos recounted an account of someone who said she saw Laci Peterson walking in Dry Creek Park after Scott Peterson said he left to go fishing that morning.

"The most likely thing is she was abducted, and she was abducted by someone other than my client, and she was abducted while walking her dog," Geragos said.

He argued that the physical evidence showed the pregnant woman's son had continued to develop for three to seven weeks, during a period of time when Scott Peterson would have been under intense police surveillance.

He also took aim at the prosecution case presented at the preliminary hearing, which did not lay out the time or manner in which Scott Peterson allegedly killed his wife.......

[Canadian Outrage]

Actually Sandy I think they are going to try to move this trial along as fast as possible. The only one really wanting to stall things is Geragos.

[Canadian Outrage]

Did you see LKL last night Meg??? Johnny Cochran and Chris Pixley are STILL whining on about ALL the "witnesses" who saw Laci and the dog.!! The very fact that EVERY SINGLE witness stated she was wearing black pants and a white top as Snott said, wipes every one of them out as reliable witness. Laci was dead and at the bottom of the Bay when these "witnesses" supposedly "saw" Laci walking the dog wearing what she wasn't wearing. It's just plain stupid. I was wanting to phone in and say Are you two men stoopid or do you just act that way? Very Irritating!!

[MEG33]

No.I am not interested so much until something new comes up.They just bring up the Laci/dog witnesses to create tension,suspense,objectivity and ratings.The timelines and descriptions don't fit.

[Canadian Outrage]

Lanza his fishing equipment wasn't only not put together, it wasn't even out of the NEW package yet. That boat, two day fishing licence, unopened fishing lures, etc. only strengthen the premeditation of this crime.

[Canadian Outrage]

I agree, it is the regular old obsfucation of the facts. I can't hardly tolerate Geragos with his indignant "the Prosecution JUST REFUSE to deal with the FACTS"!! Aiiiiiiiyyyyyyayyiiiiii!!

[Lanza]

Thanks for the scoop OC! As Johnny would say.."I did not know that."

I am sooo ready for this trial to begin.

[Canadian Outrage]

I'm SOOOO ready also Lanza. This "defense" of MG's regarding the age of the baby is so bogus. Ask any of us who have had babies. Both of mine were underestimated by a long shot. The ultra sounds didn't clear that fact up much either. That is why I, at a size 6, ended up having over 9pound babies by C-Section obviously. By that time, My pelvis was not big enough to squeeze these huge babies through. Besides, it's common knowledge that Laci's LAST ultra sound was in September, almost a full three months till she disappeared. She had had an appointment with her OBGYN on December 23rd where he did the usual pelvic and "estimated" approx 32 weeks. But by her symptoms as early as December 14th, according to her girlfriends, she was having trouble breathing and had swollen feet and hands and was very tired. I was that way JUST PRIOR to delivery. The last three weeks of my pregnancies were pure torture. I do hope the Prosescution gets a good Specialist for their side and that they do the ONLY test that can accurately determine a baby's gestation. It is, according to Nancy Grace, a calcium bone density or development test. Don't quote me on the name of the test but it does entail measuring the calcium density and likely quantity in the babies bones.

[Jackie-O]

I don't think MG will be successful in using the ultrasound, which was taken way back in Sept. as a reference. I, like you had large babies..and I'm a size 3. I had three c-sections and had to use ultrasound to estimate when my surgery should take place. With my youngest, they had a real hard time estimating the due date because the length of his femur, spine, and the circumference of his skull did not match up. It turns out that Little Man had a big head, long body, and short legs, just like his 6'5" Dad!! They had to wait till I went into the early stages of labor to deliver him by c-section.
Long story short, it's not an exact science! There is always a plus or minus factor, which is usually given in weeks.

[Diver Dave]

[Spunky]

I got a real chuckle this morning when I was watching the Today Show.I know, BLUSH! BLUSH! Katie Couric was asking Johnny Cochran why the Jackson team had brought in another top notch lawyer. She asked; (paraphrased) Is it because if Gregaros loses the Peterson case it would be very bad for Michael Jackson to have a loser for a lawyer?

I also got a chuckle when I heard that in the Preliminary for Jackson this morning Gregaros tried to get the Judge to let the new lawyer speak. The Judge said; NO! He is not a member of the California Bar.

[MaggieMay]

Thanks runningbear for all the pings and updates.

Now its time for our NE fix. No need to hide behind fake noses and shades and stand in long grocery lines,get it right here.

Titled,"Pregnant Amber Moves in With Lover."
Thanks to Rickamorti1!

PREGNANT AMBER MOVES IN WITH LOVER

NE EXCLUSIVE BY DAVID WRIGHT

new: a picture of Doctor Love (he looks old, ugly and has several chins!)

synopsis

Pregnant Amber Frey, star witness in the Laci Peterson murder case, has moved in with her doctor boyfriend as they celebrate the news that their baby is due in April, and is a boy!

And in one of the great ironies of the case, it was accused killer Scott Peterson, who helped bring the couple together!

"They couldn't be happier about having a baby together-especially since a recent sonogram told them it's a boy," said a friend of the pair.

NE first broke the story of Amber's new romance and pregnancy and has now pieced together more of this amazing story.

The couple has known each other for two years, since Amber began working with the doctor's pain-racked patients. Just before romance could develop, Scott came into her life and it was no contest.

Poor Amber was so afraid of Scott's daily movements, and one day the tracking device LE planted in his truck, showed he was close to her home.

She was terrified-and she turned to Dave for support. He lost no time in getting to her house to be with her. "Amber was so upset and afraid he stayed the night, sleeping on the couch."

With Scott on the loose and Amber's nerves jangling, Dave began spending more and more time with her. "Her police minders were in on the secret - and they were very happy that with Scott out there, she was under what amounted to near 24 hour protection," said the friend.

"Now a wedding is definitely in the cards, although not until Amber has testified at Scott's trial." "They're very happy and Dave can't wait to be a dad."

"He has a wonderful relationship with Amber's daughter," her father Ron Frey, told the NE. "It's something you can't fake and the whole family was delighted when we watched them together at Christmas and New Year's." They the gave up their own apartments and moved in together which was a major step and a clear sign that the are very serious.

Amber will be about seven months pregnant when Scott's trial begins- a poignant reminder to jurors of Laci, who was eight months when she disappeared. And the pregnancy could be a plus for her when she faces what she's dreaded for months- a hostile cross-examination by Geragos.

"Now if Geragos tries to rip her apart, it could rebound and hurt him," said a source close to the case. "The jurors won't take kindly to a pregnant woman being hounded-especially when the case centers on a murdered pregnant young woman."

[MaggieMay]

Now we have this weeks contribution from The Globe. Thanks again to Rickamorti1! The title is,"Scott Throws Fit In Prison."

GLOBE: SCOTT THROWS FIT IN PRISON

ACCUSED MURDERER FLIES INTO RAGE AFTER LEARNING EX-MISTRESS AMBER IS PREGNANT WITH ANOTHER MAN'S CHILD!

SYNOPSIS

BY DAVID THOMPSON

Scott Peterson exploded into a wild rage when he learned that his ex-lover Amber Frey is pregnant by another man.

"He went completely beserk," reveals fellow inmate James Soares. "The news seemed to flip a switch in Scott's head. He was spitting mad, practically bouncing off the walls of his cell."

Sources say Scott found out about the pregnancy during a heated jailhouse phone call that left him absolutely crazed.

"Scott was a madman," recalls Soares. "He started throwing things around his cell, banging the walls and screaming like a wild animal.

"He's furious with Amber because in his eyes, they're still a couple. He still loves her very much and seems to believe that one day they can be together again."

Peterson is being held under maximum security conditions at the Modesto jail.

"Scott was still holding a big torch for Amber, and he's always felt that she had one for him, too," says Soares. But that phone call changed everything.

"He used to talk about Amber all the time, telling the other guys in jail how hot-looking she is and what an amazing body she has," reveals Soares. "But after the phone call, his attitude toward her changed completly. He was yelling furiously and calling Amber a 'bitch'.

"In his sick mind, he feels Amber betrayed him. He's not concerned one bit about her happiness and what she wants. He believes Amber has let him down."

News of Amber's pregnancy has taken a physical toll on Scott, he has lost wieght and is looking pale. He is no longer using money he receives from female admirers to chip in and buy beans and rice with fellow inmates.

"Scott was spening up to 60 dollars a week, but he doesn't anymore. He's not as friendly or as open as he used to be," says Soares.

It's clear from his erratic behaviour he has a short fuse. Some things set him off, and it's difficult to predict what he's going to do."

"With Amber about to have another man's child, Scott has lost all hope," says Soares.

[Jackie-O]

Maggs!!! HI! Thanks for the posts form Rickamorti.
Of course Snotty's pissed! After all, he murdered his wife and child to be with her...how dare she run off and get pregnant with another man's baby! She is supposed to be waiting for him to get away with murder! /sarcasm

[Lucy Lake]

Thanks Maggs, where have you been? We've missed you!

[Lucy Lake]

stand in long grocery lines

LOL, guilty!

[MaggieMay]

I thought of all three of you standing in a checkout line trying to read the scoop, before the checker made some surly comment. LOL

[Canadian Outrage]

Amen Jackie. My daughter who is a couple of inches taller than me had 2 boys by C-section. Jamie, weighed 9 lbs 11 ounces and Joey weighed 9lb 14 ounces!! She too KNEW that she was farther along than they were saying. That's why she had nearly 10 lb babies by C-Section!! I TOTALLY HONESTLY believe that this age of the baby defense is going NOWHERE. Demetrius will try to get men on the Jury, just watch. They certainly won't want intelligent women who have had babies.

[Canadian Outrage]

ROFL -good one DD!!

[Canadian Outrage]

Spunky, the Judge this morning in the Jackson case, first said: Mr. Jackson, you have got off on the wrong foot with me.! You are LATE and it is an insult to this Court. I will NOT tolerate that. Geragos then stands up to say something and the Judge says "SIT DOWN"!! Beth Karas who was reporting on it said this Judge really meant business and he's a very no nonsense Judge. There will not be any theatrics in his Courtroom.

[Velveeta]

If that missing poster had stated that Laci was wearing a red hooded cape while walking, there would have been witnesses claiming they saw Laci, the wolf and grandma!