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.......

995 hearing I think they called it Dev. Anyway, your right about LK - he's such an A$$!! I'm really thrilled to see that the quiet, polite Distaso, can, when necessary, rise up and absolutely hammer Geragos. Distaso and Harris are good Prosecutors. Also, Distaso is not a novice at trying murder trials. Just watch him, he's quick! He hears every word and I think that survey debacle, pushed him over the line. He got aggressive which is what I think he will do in the trial and yet he can be polite and is a good speaker. He certainly put the scenario together plainly the other day. The Jury will like him. I think the Jury will NOT like Geragos OR Peterson. I feel like Peterson is a man on the edge right now. He May explode at some point during the trial.

"I feel like Peterson is a man on the edge right now. He May explode at some point during the trial."

He was furious at that last hearing. It was the first time the prosecutor pointed at him and said he did it. Sometimes people like this slink back and get passive when confronted. Others blow up - he might be the blowing up type. I bet he is begging to get on the stand because he wants to talk/charm his way out of this. Wouldn't it be great to see him on the stand? Also, speaking of nonverbal communication - did you notice Geragos' eyes when the prosecutor was talking? His lids were down and his eyes were darting in every direction. Very strange. It was almost like a child who is in trouble attempting to avoid looking at the person who is correcting or confronting him/her.

After I had seen and heard Pixie on there for the first time, my first reaction was to wonder, "Whom does HE know?"

He certainly wasn't chosen b/c of talent. Must know someone... know the right person, and voila! New career as legal talking head.

How many cases has Pixie tried, I wonder? I'm willing to count non-jury trials as well as jury trials.

"How many cases has Pixie tried, I wonder? I'm willing to count non-jury trials as well as jury trials."

I read somewhere that most of his cases are civil. I can't recall the source, however, so don't take that as gospel. Maybe we could do a web search and find out more. I'll do that today.

I just looked for him in FindLaw. It appears that he is an estate planner. When I search for his name under "criminal law" or "criminal law-federal" his name doesn't come up. I tried a few other categories (like business law) that didn't bring him up either. When I found his firm on find law it indicated that they do estate planning. I guess that doesn't prove anything but there is a big difference between estate law & criminal law. Would LKL perpetuate such a fraud - they always intoduce him as "renowned defense attorney pixie".

I'm in agreement that Peterson is probably arrogant enough to want to take the stand. He thinks he can do what he has always done, lie and charm his way out of "problems"! All the Prosecutor would have to do is to start peppering him with all his character flaws and lies etc., the narcissist wouldn't be able to control himself, I believe he would explode. Geragos always looks half lidded and being a snake in the grass, I'm surprised his tongue wasn't darting in and out as well as his eyes darting back and forth. What a pathetic pair!!

Well, a defense attorney needn't be a criminal defense attorney. There are many other defense attorneys: insurance defense attorneys, for example. But I think the use of that term is supposed to suggest that he actually has spent time in a COURTROOM.

The idea of him functioning in any courtroom is just kind of doubtful, that's all...
Certainly an estate planner, while generally well-respected, need never see the inside of a courtroom.

And yes, I think LKL would indeed perpetrate a fraud like that! LKL himself, though highly paid, is little better than a carnival barker!

WHERE is everyone???? There might not be anything NEW but it's still great to keep discussing. I think the regulars on this thread are very intelligent and offer great points for discussion.

"WHERE is everyone????"

Hello! I'm ready for the trial! I want to hear what the prosecution has & I also want to hear their theory of the case. I guess they'll be back in court tomorrow. I wonder what we will see - Scott laughing & smirking or Scott full of rage? Have you noticed that he never displays the appropriate emotion? Unless they change the date tomorrow, I think the trial is slated to start on the 26th.

"Well, a defense attorney needn't be a criminal defense attorney. There are many other defense attorneys: insurance defense attorneys, for example. But I think the use of that term is supposed to suggest that he actually has spent time in a COURTROOM."

I agree - we have an attorney who does estate planning for our family. He is absolutely wonderful but I don't think he spends much, if any, time in court. It seems that they should have attorneys on who have defended and/or prosecuted these kinds of cases. Johnnie Cochran is an example (actually I find him less annoying for some reason than Pixie). Someone who practices in the state in question is very useful - Jim Hammer, DA from San Francisco, is a great resource. Frankly, I think they have Pixie because he looks like a Ken doll & he's a smooth talker.

He's a fairly smooth talker (Pixley) Julie but I have seen Nancy rattle his chain. You can see that she can push his buttons. Only thing is that that double fart King, NEVER lets Nancy finish if she's on a roll against Pixie.!!

"Only thing is that that double fart King, NEVER lets Nancy finish if she's on a roll against Pixie.!!"

I've noticed that, too. It seems that Larry is biased against Nancy. I don't understand why - she has been a victim herself and did a great job as a prosecutor.

The MAIN thing I think King has against Nancy is that she is Conservative. I have actually heard him yell at her. However whenever Nancy HOSTS his show, it's FABULOUS. CNN needs to think about retiring this idiot.

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