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)

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."

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.

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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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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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.

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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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.

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.

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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.

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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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.

"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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""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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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

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.......

You said it! If I want the grocery line to move faster,I just pick up a tabloid and start reading. Sure enough,like magic the grocery line speeds right up. Thanks to Rickamorti1, we can read the NE and Globe articles in the comfort and privacy of our own home. :)

"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!

It appears that several posters opinion of Amber right from the beginning was right on. This gal wastes no time and I am sure she knows where babies come from.

I wonder what might be in this good doctors background?

My two boys were nine pounders. DDL who is my middle child was the only pee-wee I had, and it was suggested to me that she was taken too soon. Ultra sound dictated the delivery date, but Sister was only 6-6 and had an underdeveloped digestive tract. They said I could have probably gone a few more weeks to ensure that she was fully developed.

Another thing I have been thinking about since MG's arguments the other day...He keeps strongly referring to the witness that saw Laci walking the dog.

VERY SIMPLE TO SHOOT THAT TESTIMONEY DOWN!! THE WITNESSES ALL SAID THAT LACI WAS WEARING BLACK PANTS AND WHITE BLOUSE. HELLO, HER BATTERED BODY WAS FOUND IN THE TAN PANTS THAT SHE WAS WEARING THE NIGH BEFORE!!!

What, did the kidnapper(s) take her home and change her back into the dirty clothes from the day before??

I have not heard any talking heads stating this fact...do I need to try to call in to LKL again to remind them??? Pixie keeps saying that the dog-walking witnesses are key to the Defense. Is he purposely ignoring this FACT??

"I have not heard any talking heads stating this fact...do I need to try to call in to LKL again to remind them??? Pixie keeps saying that the dog-walking witnesses are key to the Defense. Is he purposely ignoring this FACT??"

It is truly maddening. They either don't know what they are talking about or they are doing it so the show appears even handed. I quit watching LKL Laci shows awhile back for this very reason, however, I gave in and watched the other night. Bad idea. I was yelling at the screen!!! Hubby quietly chastized me for doing the same thing over & over (in this case watching LKL) and expecting a different result. LOL - that's one of my favorite definitions of insanity.

Look at it this way, Julie! Larry King does the same thing over and over--that is, he has the same tired guests on, pushing the same tired and invalid notions about this murder--and he expects a different result: he expects to make even MORE money than he made the last time his show was on. So... HE'S the one who's insane!

Jackie I've said this all along. The witnesses have ALL been eliminated by that VERY FACT.!! There is not a single witness on record that had her wearing her tan pants and printed top. One witness ONLY SAW THE DOG. Nancy Grace has interviewed some of the witnesses and they are ALL bogus. I think the Defense are going to try to use this BABY GREW after she disappeared THEREFORE, Laci was kidnapped. It may come down to a battle of experts but the Defense's "theory" is really ludicrous. It will be hard for a Jury to accept such a far out theory. It is ALL the Defense has tho. They, in my opinion, really have NOTHING!!

It would also blast Pixley outta the water. Last night on LKL Pixley says, Amber was not the motive, just one of Peterson's many women and therefore the Prosecution couldn't prove motive. Of course he says, ALL Juries must have a motive. They want a motive. Nancy Grace pipes up and says, his motive is "He DIDN'T WANT to be married anymore"!!

I agree Vel. It wouldn't have mattered WHAT Snott said Laci was wearing when he last saw her, these people that want to insert themselves into this case, would have parroted the exact description he gave. I have always thought that the pregnant woman (who looked like Laci) that saw Snott loading his truck and spoke with him THAT morning, was probably wearing black pants and a white shirt, and Peterson took that as his description of what Laci would have been wearing. All along, this disgusting creep, KNEW that the duct taped, beaten, dead, weighted down PREGNANT Laci, was at the bottom of San Fran Bay!! How grotesque.

Pixie is such a fey little robot anyway. (But with a fatter bank account lately, thanks to Geragos' money.) If Scott's case were to wrap up today, tomorrow we'd see Pixie on there saying, "Michael wanted to be kind to the boys because of love... why is everyone so dirty-minded?"

And really, what life experience does this little wuss have, anyway? What is he, 30? Has he ever been a married man? Has he ever felt lust for some broad? Has he ever wanted to be able to go out and "do" any broad he liked? No!

I hope you all saw Pixey get B*T*HSLAPPED last night on LKL; talking about the Jackson case and the boy involved in 1993 after Nancy Grace brought up the fact that the boy could testify, he was adamant that there was no possible way that the boy could testify in this case, going on and on about the confidentiality of the agreement the boy signed in 1993, saying that it was ironclad and there was no way he could get out of it or the judge would allow it.

The good part was that the whole time he was ranting on, being the snot that he is, Cynthia McFadden was shaking her head and smiling. After he finished, LK asked her why she was shaking her head and she said that she has interveiwed Larry Feldman and that there is absolutely NO confidentiality agreement and that there was nothing stopping the boy from being subpoeaned, leaving the Pix screaming into the camera something along the line of "Of course, if that was the case, you'd be faced with a hostile witness who wouldn't want to testify."

The camera ended on his face when McFadden quitely said that the boy IS waiting for his subpoena because he WANTS to testify.

It was swell.

You're kidding! Now I REALLY think the Pixster is in the pay of Geragos.

Pixie is as ignorant as it gets, if he thinks this confidentiality agreement can seal the boy's lips the same as though he died (which isn't too farfetched, given the desperation of the rich molester in this case.)

Okay, so the kid testifies--even if there WERE a confidential settlement agreement that said "you may never talk about anything Michael did to/with you ever again."

Such an agreement would be in violation to the right of free speech as delineated in the First Amendment--and therefore, that part of the agreement would be invalid.

One has to wonder what, if anything, Pixie really knows about law...

Well, since Geragos has been all over TV saying that the first boy was only in it to scam Jackson, it seems to me he'd have the right to testify, if for no other reason than to clear his name after being defamed by Markie.

I have to say, I'm quite enjoying watching Geragos being shoved aside......but I'm still holding out for utter humiliation. I'd love to see just ONE of his out and out lies proved wrong on national TV.

Geragos already looked like the idiot he is during that last Peterson hearing they televised. I think they call it the 905 hearing. (Referring to the CA law that provided for such a hearing.)

Geragos was on record as having said that there wasn't even necessarily a murder. But then he got all involved in his "satanists did it" routine. Distaso at that point said that the defense must have conceded the earlier point--the point being, that the crime of murder HAD been committed. Distaso said, "Well, I see that the defense is no longer contesting that the corpus delicti has been shown..."

And the other night, I notice that the bitter old f*rt Larry King was deliberately mispronouncing the prosecutor's name.

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