Retired judge chosen to preside over Scott Peterson murder trial

--------------------------------------------------------------------------------

The judge presiding over Scott Peterson's murder trial will be Richard Arnason, a retired Contra Costa County judge chosen Wednesday by California Supreme Court Chief Justice Ronald George.

Scott Peterson's murder trial is being moved to the San Francisco Bay area because of hostility toward Peterson in his dead wife's hometown.

Judge Al Girolami ruled earlier this month that the trial had to be moved out of Modesto to make sure Peterson got a fair trial in the slaying of his wife, Laci, and unborn son.

Four counties had offered to host the trial, and on Tuesday the judge picked San Mateo County, situated south of San Francisco and about 90 miles away from Modesto.

Girolami had said he wanted a county close enough to Modesto that witnesses could drive there.

"I'm satisfied we can get a fair and impartial jury in San Mateo," Girolami said, adding that he wants another judge appointed to handle the trial.

Arnason, 83, was appointed to the Contra Costa County Superior Court by Gov. Pat Brown in 1963.

No stranger to high profile court drama, Arnason presided over People v. Angela Davis in which the black militant was acquitted of murder and conspiracy in the 1970 Marin County courthouse escape attempt that resulted in the deaths of four people, including a judge.

Arnason also oversaw the trial of a California woman whose 13-year-old daughter weighed 680 pounds when she died of congestive heart failure in 1996.

The trial is scheduled to start Monday but will probably be postponed. A hearing is scheduled later this week to discuss a delay. Prosecutors asked for two weeks to move their operation from Stanislaus County to San Mateo County.

Peterson, 31, is charged with two counts of murder for allegedly killing his pregnant wife just before Christmas 2002 and dumping her body in the San Francisco Bay. In April, her remains and those of the fetus she was carrying washed ashore in the bay two miles from where her husband said he was fishing when she vanished. Peterson could get the death penalty.

Peterson's lawyers argued that he had been demonized in the Modesto area, citing vandalism of his house, crowds yelling "Murderer!" outside the jail and T-shirts sold with Peterson's likeness and the motto: "Modesto, a killer place to live." Blood drives have been held in honor of Laci Peterson and 3,000 people attended her internationally televised memorial service.

--------------------------------------------------------------------------------------------------------------------------------------------------------

Judge Richard Arnason at the Martinez courthouse today. (Bob Pepping/Contra Costa Times)

Contra Costa Superior Court Judge Richard Arnason, who juggles a calendar as busy as any in the Martinez courthouse, even though he has retired, will preside over the murder trial of Scott Peterson in San Mateo County, state officials announced today.

Arnason was assigned by Chief Justice Ronald George today to preside over the double murder trial. The case was moved to Redwood City because of extensive pretrial publicity in Stanislaus County.

Peterson, 31, is accused of murdering his eight-months pregnant wife, Laci Peterson of Modesto, and their unborn son in the early morning hours of Christmas Eve in 2002. Their bodies were found along the Richmond shoreline in April 2003.

In 41 years on the bench, Arnason has handled many complex cases, including that of Angela Davis. Davis was charged with murder, kidnapping and conspiracy in connection with a 1970 Marin County court shootout where four people, including a judge, were killed.

More recently, Arnason presided over the case of a former Stockton gang member who was sentenced to life in prison for murdering retired plastic surgeon Kim Fang during a home invasion robbery in Alamo in 2000.

Technically retired since 1995, Arnason, 82, still sits on the bench and gets paid on a per-day basis.

"There's Methuselah in the Bible, and there's Judge Arnason," state appellate justice and former county judge James Marchiano said in a 2001 interview.

Gov. Edmund G. "Pat" Brown appointed Arnason, an Antioch lawyer, to the bench in 1963. The judge has handled criminal law ever since, outlasting lawyers and judges that came before and after him.

"I had a long, lengthy career in the D.A.'s office that will have started and ended while Arnason's been on the bench," said former District Attorney Gary Yancey in 2001.

"He exudes a sense of respect for other human beings, and he seems to know what it's like to be in someone else's shoes," said Public Defender David Coleman........

-------------------------------------------------------------------------------------------------------------------------------------------------

When the Scott Peterson murder trial begins it will be a hodgepodge of resources, venues and participants from throughout the state — a crime in Stanislaus county, an arrest and defense attorney from Southern California and a trial in San Mateo County.

Now added to that list is retired Contra Costa County Judge Richard Earle Arnason, 82, who was tapped yesterday to preside over what stands to be the most publicized criminal trial since O.J. Simpson.

Arnason served for 31 years on the Contra Costa County Superior Court before his 1995 retirement. His record is filled with high-profile cases although Peterson’s will likely make Arnason a well-known name much as Judge Lance Ito did during the Simpson double murder trial.

Arnason was picked for the slot by state Chief Justice Ronald George a day after Stanislaus County Judge Al Girolami announced the case would move to San Mateo County. Girolami said he thought San Mateo County offered Peterson, a 31-year-old fertilizer salesman, the fairest shot at an objective jury. That jury will be charged with deciding whether Peterson is guilty of murdering his pregnant wife, Laci, 28, and the couple’s unborn son near Christmas Eve 2002. Peterson faces the death penalty if he is found guilty.

Girolami declined to hear the case himself because he did not want to travel and asked the Judicial Council of California to appoint a successor.

Arnason, who was appointed to the Contra Costa County Superior Court in 1963, is no stranger to death penalty cases. Arnason, who was not receiving media calls yesterday, is well-known as a criminal law expert, said Lynn Holton, council spokeswoman.

Arnason attended college at the University of North Dakota before moving onto law school at the University of California, Berkeley. He received his degree in 1945 and worked in private practice in the East Bay before joining the bench. In 1973, he was named Judge of the Year by the California Trial Lawyers Association.

Despite his retirement, he continues presiding over cases through the Assigned Judges Program at the standard rate of $529.32 daily. The program provides temporary judicial assignments to alleviate court congestion, fill vacancies or to handle change of venue requests. Arnason has participated since his retirement.

He heard the murder case of a Stockton gang member convicted of killing a plastic surgeon during a 2000 home invasion robbery. Soknoeun Nem was eligible for the death penalty in that case but instead Arnason imposed life in prison without the possibility of parole.

Arnason also presided over the 1972 murder/kidnapping trail of African-American activist Angela Davis. Davis was acquitted of murder and conspiracy in a 1970 shoot-out at the Marin County courthouse in which four people died.

In 1998, Arnason found El Cerrito resident Marlene Corrigan guilty of misdemeanor child abuse after her 13-year-old daughter died of congestive heart failure two years previous. The girl had weighed 680 pounds. Arnason sentenced Corrigan to probation and community service but dismissed felony child endangerment charges.

Also in 1998, Arnason halted death penalty proceedings against Jesse Martinez despite the man’s assertions that he wanted to go to death row. Arnason declared doubt about Martinez’s mental state although he said he has no illness. Martinez was convicted of murdering a 57-year-old convenience store clerk in September 1994.

Arnason was among the first judges to try a case under Proposition 21, the California law which allows minors to be charged as adults in certain crimes.

He has never tried any criminal cases in San Mateo County, said Chief Deputy ........

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Jagdeep S. Bhandari, professor of law at Florida Coastal School of Law, discusses the school’s upcoming conference, entitled Forensic Investigation: The Pursuit of Truth.

The “big top of forensic investigation” will be in the shape of one large tent May 7 as Florida Coastal School of Law presents a conference featuring the nation’s top forensics experts.

The conference, which will be limited to 500 spectators, will be held at the Adam’s Mark Hotel. “We’re trying to give people exposure to the nation’s top forensic experts, the real CSI, the pursuit of truth,” said Eric Smith, associate dean for External Affairs and director of the Center for Strategic Governance and International Initiatives. “This is a world-class event.”

The line-up includes Sen. Arlen Specter, who concluded that a single bullet caused President John F. Kennedy’s neck wounds and all of the nonfatal wounds inflicted on Texas Gov. John Connally; and Dr. Cyril Wecht, Allegheny County (Pa.) coroner and founder of the Cyril Wecht Institute of Forensic Science and Law at Duquesne University School of Law.

Wecht has argued against the “tale of the magic bullet” since Specter proposed it in 1964 and it became part of the Warren Commission’s findings.

“My understanding is they’re good buddies,” said Smith. “They’ve made a lifetime arguing the theory.” Other speakers include:

• Dr. Henry C. Lee, a forensic scientist and criminalist, best known for his work in high-profile cases such as O.J. Simpson, Vince Foster and JonBenet Ramsey.

• Dr. Michael Baden, co-director of the New York State Police Medicolegal Investigation Unit. His cases include the examination of the remains of Czar Nicholas and his family, the death of John Belushi and the disappearance and death of Laci Peterson.

• Barry Scheck, professor of law and director of clinical education at New York’s Benjamin N. Cardozo School of Law. The co-founder of the Innocence Project has represented clients such as O.J. Simpson and au pair Louise Woodward.

• Ann Wolbert Burgess, RN, professor at William F. Connell School of Nursing at Boston College and a renowned researcher, author, educator and advanced practice psychiatric nurse.

The law school also expects to have lawyer and author Scott Turow attend the conference, perhaps making a public speech before the event gets under way. “This law school and the Cyril Wecht Institute are bringing the people who are behind the scenes in one respect and yet very much in the forefront of the cases that are out there now,” said Smith.

The public’s knowledge of forensic science has been boosted by the popularity of two CSI shows on CBS, which has been responsible for making it “the No. 1 network,” said Jarrod Turner, FCSL’s director of Institutional Support and one of the conference’s organizers.

“One cannot overstate the value of forensic science in our search for truth in criminal, civil and family medicolegal investigations and court proceedings,” said Wecht. “This conference is designed to explore and inform professionals and academics, from a variety of disciplines and fields, of the value and scope of forensic science as a powerful investigative tool.” The idea for the conference, “the guy that’s riding the point on this,” Smith said, Is Professor Jagdeep Bhandari, who worked on the project with the school’s new owners, Sterling Partners.

“It is he who brought the idea to the table,” said Smith. “Without him, this dog doesn’t hunt.” Bhandari has taught economics, done international transaction and immigration work, and has worked at the World Bank. He has also worked with several of those who will be at the conference, including Lee, Wecht and Scheck.

“It was a matter of making a lot of phone calls,” said Bhandari. “Henry Lee consults to 12 governments. You can’t talk to him on the telephone. Or Barry Scheck, unless they know who you are.

“I had to use up all the capital I had to say, ‘Come to Florida, and we’ll show you a good time.’” The conference has been approved for continuing legal, medical and nursing education.

“It’s good for professionals and for interested lay people as well,” said Smith. “We’re hoping that, not just national and international people, but local people will attend.”

Smith expects the rush will be on soon for tickets to the conference, which will “comfortably accommodate” an audience of about 500 at the Adam’s Mark. Those who are interested in attending may register online at www.fcsl.edu/forensics or by phoning (888) 24........

----------------------------------------------------------------------------------------------------------------

In the coming weeks, hundreds of potential jurors in San Mateo County will receive court summons attached to a pleasant letter highlighting the positive side of the responsibility.

“It’s a really nice letter that tells them that they can bring laptops, where to find parking, how to get a parking permit and how to check the Web site,” said San Mateo County Presiding Judge Mark Forcum.

Despite the cheery tone, the process of picking a jury for the Scott Peterson trial will be long and painful for all involved.

Peterson, a Modesto fertilizer salesman, is charged with the murder of his wife Laci Peterson and their unborn child. If convicted, Peterson could face the death penalty or life in prison.

“The jury selection will be tremendously important for both the defense and prosecution. In this particular case, it won’t go as routine. Given the length of the trial they will go through an extensive procedure,” said Jim Hartnett, an attorney with Hartnett, Smith & Associates and a Redwood City Councilmember.

For potential jurors, it’s going to be long and tedious. For attorneys, it’s going to be crucial and possibly very expensive.

Those who receive a summons will be pooled together in the courthouse and given a questionnaire to determine if a lengthy trial would create a hardship for them. Those who can afford to devote months to the trial are randomly divided into “panels” of approximately 60, said Forcum.

Each panel is sent to a courtroom where attorneys question them in person. People may be questioned individually, as a group or with a lengthy questionnaire. The judge determines the process and scope of questioning. Retired Judge Richard Arnason, 82, was chosen yesterday to oversee the Peterson case. The trial is expected to last five months.

Questions could range from religion to family history. Each side has 20 opportunities to eliminate jurors in what’s called a peremptory challenge. Jurors can be eliminated for any reason except on the basis of race, said Jeff Boyarski, a San Mateo County defense attorney.

In most high-profile cases, attorneys often hire consultants to analyze the jury pool and recommend selections. Consultant groups, like the Oakland-based National Jury Project, provide services ranging from demographic studies to mock trials.

“They do a lot of studies on cases and what their outcomes have been. They help with preparing questionnaires, change of venues — if you want to go full board, they can get sample jurors before they are tried,” said Boyarski.

Depending on the type of money Peterson can afford to drop on this trial, consultants can create trial scenarios by picking different types of focus groups to act as juries before the real trial ever starts. The focus groups allow the defense to figure out how different types of jurors would respond.

------------------------------------------------------------------------------------------------------------------------------------------

REDWOOD CITY - Retired Contra Costa County Superior Court Judge Richard Arnason, a jurist with long experience in trying complex murder cases, was named today to preside over the Laci Peterson murder trial.

California Supreme Court Justice Ronald George made the announcement just one day after the trial was moved to the County by Stanislaus County Judge Al Girolami to San Mateo County.

Laci Peterson was reported missing on Christmas Eve 2002. Her body and the body of her unborn child washed ashore in Richmond four months later. Her husband, Scott Peterson, 31, is the alleged killer, and faces two counts of murder and the death penalty.

Arnason is a well-known criminal law expert who has extensive experience with death penalty cases. He sat on the Contra Costa County Superior Court bench for 31 years before his retirement in 1995.

Members of the media tour the courtroom in Redwood City Tuesday, where the murder case against Scott Peterson is to be tried. Judge Al Girolami ruled Tuesday that the case will be moved to San Mateo County after rejecting a prosecution request to keep the case in Modesto. Peterson, 31, is charged with two counts of murder for allegedly killing his pregnant wife just before Christmas 2002 and dumping her body in San Francisco Bay. (AP Photo/Paul Sakuma)

The judge is a member of the Chief Justice's Assigned Judges Program, which assigns judges to preside criminal trials. He has done so primarily in Contra Costa County. Arnason was one of the first judges to try a case under Proposition 21, the law that allows prosecutors to file felony charges for some offenses against juveniles 14 years or older without a judge's approval.

He also presided over the murder-kidnapping trial in the case of Angela Davis, a UCLA professor and radical activist who supported the Black Panthers and others during the 1960s and 1970s. She was acquitted and continued her academic and writing career. Judge Mark Forcum, the presiding judge in San Mateo County, said he will provide Arnason all of the support he needs during what is expected to be a lengthy and contentious trial. Admitted to the California Bar in 1945, Arnason attended Boalt Hall School of Law at UC Berkeley.

Arnason's appointment was the latest event in a fast-moving drama that began Tuesday when the hyper-publicized trial was sent here from Stanislaus County.

With its high profile and masses of media from around the world, the trial may easily become the biggest criminal event in County history, while bringing millions of visitor dollars to hotels and retail outlets.

Stanislaus County Superior Court Judge Al Girolami moved the trial after finding that Peterson, 31, could not receive a fair trial in Modesto because of extensive media coverage. An hour after Girolami sent the trial to the County, television camera crews and newspaper reporters began arriving in droves.

"I'm satisfied we can get a fair and impartial jury in San Mateo," Girolami said from a Modesto courtroom Tuesday. .........

--------------------------------------------------------------------------------

(Court TV) -- Scott Peterson's lawyer said Tuesday the double-murder suspect's parents have spent a million dollars on his defense.

Attorney Mark Geragos made the disclosure while asking Superior Court Judge Al Girolami to move the trial to southern California, closer to the Petersons' San Diego home, as well as Geragos' office in Los Angeles.

He said Jackie and Lee Peterson's funding "has saved the taxpayer's a seven-figure sum, at least" and asked the judge to consider which venue was more convenient and cheaper for them.

He noted that his client has the right to ask the taxpayer's to foot some of the bill if he can no longer afford private representation, but has so far not exercised that right.

Under California law, if a capital defendant becomes indigent before the conclusion of his or her trial, a judge can order the local government to pay the private attorney's costs, albeit at a reduced rate.

Prosecutor Dave Harris objected to the mention of the Petersons' finances, saying the defense team starts talking about public money whenever "the court doesn't give them their way."

In the end, Girolami said Southern California was too far from Modesto .........

------------------------------------------------------------------------------------------------------------------------------------------

Is [Chris Pixie] working for the defense team?

My opinion is, YES. Yes, working for them. As in, receiving compensation to assist them. That's my opinion, anyway.

Did you follow the Chandra Levy saga? I did. Geragos was an omnipresent yammering-face on every show. Months after these many, many appearances--in ALL of which he took Gary Condit's part--he revealed that he had been hired by Condit and had been working for Condit DURING SOME OF THE TIME when he had been on TV arguing Condit's case. But during the time he had been previously arguing Condit's case, he had NOT disclosed his affiliation with Condit.

IMO, the expressions of opinion on here--that Geragos is far less than honest--are well-founded and accurate.

I have respect for Jo Ellen Demetrius' craft, but I still think that jury selection is always a crapshoot. Sometimes persons can be wrong when they judge jurors by the jurors' visible attributes. As an example: when I was 22, I was a state worker. Yes, employed by the government. In a social work-like position. I was called for jury duty. The pool was being quizzed about a death penalty case, a murder for hire. My personal feelings, as I heard the case described, were, first and foremost, GREAT sympathy for the victim, who was an elderly man who had been shot down in the rain, in his own driveway. Then, as now, I was a firm supporter of the death penalty. I would not have hesitated to give it in that case, had the evidence stacked up in a certain way.

The prosecutor (pursuant to the Witherspoon case) asked us, "If we prove that X caused the murder of Y, could you recommend the death penalty?"

I knew I COULD. IF, that is, I found that the whole thing warranted the death penalty. (I don't think EVERY situation requires the death penalty!) So, trying to be as accurate as possible, I said, "Yes, I could."

I was bumped by the prosecutor. I have absolutely no doubt that he used my occupation, which was listed on the jury list, as his reason for excusing me from serving. He saw, "state worker" and his mind made the association: "liberal"--"anti-death penalty". He was wrong.

I believe that Jo Ellen D. can do no more than make educated guesses, similar to what that prosecutor did.

"he revealed that he had been hired by Condit and had been working for Condit DURING SOME OF THE TIME when he had been on TV arguing Condit's case."

I did follow that case - I forgot this little tidbit about Geragos, though. He definately should have been upfront about his representation of Condit before commenting.

"I believe that Jo Ellen D. can do no more than make educated guesses, similar to what that prosecutor did."

You raise an interesting point. About 10 years ago when I was in grad school we briefly discussed jury selection in one of my social psychology seminars. At that time there was virtually no science to back it up. We can predict human behavior for individuals fairly accurately in a variety of contexts (e.g., personnel selection). However, the problem with juries is that you are trying to predict how the personality and life experiences of 12 people will interact to produce a decision. I know that there has been research since then but I haven't followed it. I think JoEllen's model focuses on the personal experiences of the jury, which goes beyond demographics. This probably worked for her in the OJ trial where she could find jurors who had bad experiences with LE. She did (I think) admit last night that what she does is at least somewhat artistic, as opposed to scientific. She has "gut feelings" about people that sometimes affect her decisions. I wish I could make that much money using my intuition!

Trial Delayed A Week; Peterson Arrives In Bay Area

Can't seem to get the video clip of Peteson arriving in San Mateo County... ;o( (not linked?)

Trial Delayed A Week; Peterson Arrives In Bay Area

POSTED: 10:55 AM PST January 23, 2004
UPDATED: 6:37 PM PST January 23, 2004

MODESTO, Calif. -- Scott Peterson's capital murder case was formally moved from Modesto to Redwood City today, but the question of which judge will preside over his high-profile trial remained as murky as Modesto's infamous Central Valley fog.

Peterson left Stanislaus County Superior Court Judge Al Girolami's courtroom for the last time about 12:15 p.m. today and was soon whisked away for the 90-mile journey to the San Mateo County Jail in Redwood City, where he arrived before 3 p.m.

Video

Video On Demand: Peterson Moved To San Mateo County

Video

Video On Demand: Mark Geragos Friday Press Conference

Peterson's next court hearing on charges that he murdered his wife Laci and their unborn son Conner will be at 9 a.m. Feb. 2 in San Mateo County Superior Court in Redwood City. Various pretrial issues will be on tap, the first of which will be the question of which judge will handle the case, as it's not even clear at this point who will preside over the Feb. 2 hearing.

Girolami moved the case to San Mateo County on Tuesday after agreeing with Peterson's defense lawyer Mark Geragos that extensive publicity would make it impossible for Peterson, a 31-year-old former fertilizer salesman, to get a fair trial in Stanislaus County or other surrounding counties in the Central Valley.

Girolami said he didn't want to travel with the case to Redwood City, so he referred the case to the state Administrative Office of the Courts to pick a new judge.

On Wednesday, California Supreme Court Justice Ronald George assigned retired Contra Costa County Superior Court Judge Richard Arnason to handle the case. But on Thursday, Stanislaus County prosecutors issued a peremptory challenge against Arnason, 82, stating that he was "prejudiced" against them.

Peremptory challenges are granted automatically and state court officials said yesterday that Chief Justice George would appoint a new judge next week.

But at the beginning of today's court hearing, Geragos raised several serious legal questions about the issue of which judge should handle the case.

First, he said that even though the prosecution peremptory challenge of Arnason was filed only one day after he was appointed, the challenge was untimely because a hearing had already been scheduled for next Monday morning.

"Once a matter is sent out to a court, you no longer have the opportunity to challenge the judge," Geragos alleged.

Geragos also said he thinks the prosecution already had used up its one peremptory challenge for the case last March when it moved to have Girolami blocked from hearing a civil case in which a newspaper petitioned to unseal search warrants and other documents in the case.

The prosecution and the defense only get one peremptory challenge in a case, although other challenges can be made for cause. But those challenges must clear tough legal hurdles.

In addition, Geragos said he doesn't think Chief Justice George has any authority to assign a judge in the case, saying he thinks that decision should be made by the presiding judge in the jurisdiction where the trial is held, which in this case would be the presiding judge in San Mateo County.

Geragos said, "I don't want to tangle with the Chief Justice," but he said he thinks the order appointing Arnason was unlawful and accused George of "micromanaging" the case.

Girolami called for a break so he could think over the question of whether he should rule on the issue of whether the prosecution's challenge was timely or whether it should be decided by Arnason or a new judge appointed by George. After a 30-minute recess, he said, "I don't feel confident handling the issue" and said it will be decided Feb. 2 by Arnason, a San Mateo County Superior Court judge or a new judge appointed by George.

However, he left open the possibility that if the issue remained unresolved, he might wind up staying with the case after all. Geragos made it clear that he wants Girolami to stay with the case.

At the end of today's hearing, Girolami said, "I'm waiting for a future order from on high," referring to George.......

----------------------------------------------------------------------------------------------------------------------------------------------

"In addition, Geragos said he doesn't think Chief Justice George has any authority to assign a judge in the case, saying he thinks that decision should be made by the presiding judge in the jurisdiction where the trial is held, which in this case would be the presiding judge in San Mateo County.

Geragos said, "I don't want to tangle with the Chief Justice," but he said he thinks the order appointing Arnason was unlawful and accused George of "micromanaging" the case."

Geragos has some nerve!!

Peterson In San Mateo County Jail
Low-Key Move Keeps Peterson Out Of Media Spotlight

POSTED: 5:04 PM PST January 23, 2004
UPDATED: 10:17 PM PST January 23, 2004

REDWOOD CITY, Calif. -- In a somewhat unexpected move, Scott Peterson was driven from Stanislaus County to his new 70-square-foot home in the San Mateo County jail Friday.

Just hours following his last hearing in Modesto, Stanislaus County Sheriff's Department deputies arrived with Peterson at the San Mateo County Maguire Correctional Facility at 2:27 p.m. according to San Mateo County Sheriff's Office officials.

"We were surprised that it happened so quickly," said Bronwyn Hogan, a spokeswoman for the San Mateo County Sheriff's Office. "Mainly because the next hearing date is Feb. 2."

During a news conference, San Mateo County Sheriff Don Horsley described Peterson's arrival and his new living conditions.

"He thanked (the Stanislaus County deputies) for their courtesy and they said in affect that he was very polite," Horsley said of the Peterson drop off. "He was very cooperative."

Upon arrival, Peterson was checked by a doctor and searched. He was then issued a dark red jumpsuit indicating that he is in protective custody, according to the Sheriff.

His new cell is 3B West, which is in the protective custody wing of the jail.

In that area of the jail, Peterson will live with only 16 other prisoners who he can only see and speak with on a limited basis. He will rotate through half-hour free-time sessions outside of his cell.

Peterson will spend a minimum of 10 hours alone in his cell. He will be able to visit will friends or family twice a week for 45 minutes.

"We want to make sure that he is going to be safe, however long it takes for this trial," Horsley said.

Peterson's next court hearing will be at 9 a.m. Feb. 2 in San Mateo County Superior Court in Redwood City. Between now and then, a judge must be named to preside over the case.

Peterson, a 31-year-old fertilizer salesman originally from San Diego, is charged with murdering his wife Laci Peterson and their unborn son, Connor, in the early morning hours of Christmas Eve 2002. Their partial remains were found along a shoreline near Richmond last April.

Peterson now in Redwood City

Peterson made one more courtroom appearance in Stanislaus County on Friday before being moved to a San Mateo County jail. BART AH YOU/THE BEE

By JOHN COTÉ

BEE STAFF WRITER
Last Updated: January 24, 2004, 07:23:39 AM PST

Authorities spirited Scott Peterson to the San Mateo County jail Friday, shortly after a judge delayed for a week the start of his trial on double-murder charges. Stanislaus County Judge Al Girolami pushed the start date to Feb. 2 to allow the case to be moved to Redwood City amid questions about who would preside over the trial.

Within an hour of what apparently was Peterson's last courtroom appearance in Stanislaus County -- a mundane proceeding to certify the court transcript late Friday morning -- he was secretly moved to Redwood City.

He arrived at the Maguire Correctional Facility at 2:27 p.m. and was placed in protective custody, according to a written statement released by the San Mateo County Sheriff's Department.

"We never had an intent to tell anybody when exactly we would move him," said Kelly Huston, a spokesman for the Stanislaus County Sheriff's Department. "We just didn't want there to be the same kind of spectacle outside the jail as we saw during his booking."

About 200 people -- many yelling and waving signs -- waited outside the downtown jail when Peterson was driven in April 18 after his arrest near San Diego.

Defense attorney Mark Geragos had pointed to the crowd as part of his argument for moving the trial, saying it was impossible to find a fair jury in Stanislaus County.

The trial had been scheduled to begin Monday in San Mateo County Superior Court, with motions concerning evidence.

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

The 31-year-old Modesto man has not waived his right to a speedy trial, which under state law must commence within 60 days of his Dec. 3 arraignment, unless a judge finds sufficient reason to delay it. If the trial doesn't commence on time, the defense can have the charges dismissed. It now is set to start on the final day allowed under state law.

It is unclear who will be on the bench in the Redwood City courthouse Feb. 2 to hear the issue.

Girolami has said he does not want to move with the case, but Friday left open the possibility -- however slight -- that he would remain.

Prosecutors objected Thursday to the judge assigned to replace Girolami, retired Contra Costa County Judge Richard Arnason, saying he was "prejudiced" against their interests.

Typically, that would have resulted in Arnason being automatically disqualified from the case. Under state law, each side in a criminal case can disqualify one judge without giving a specific reason.

But Geragos on Friday argued that prosecutors had not filed their challenge in a timely manner -- pointing to complex issues of who had jurisdiction of the case after Arnason was assigned.

Geragos also questioned whether California State Supreme Court Chief Justice Ronald George followed the correct procedure when he appointed Arnason and said George was "micromanaging" the case.

"I don't want to tangle with Chief Justice George," Geragos said, after saying the justice is "like the 800-pound gorilla; he can do what he wants."

But Geragos argued that San Mateo County Presiding Judge Mark Forcum should decide .....

Peterson fights for right to book, movie deals

By SUSAN HERENDEEN

BEE STAFF WRITER

Last Updated: January 24, 2004, 07:32:35 AM PST

An attorney for Scott Peterson on Friday said the Stanislaus County Superior Court should throw out a lawsuit that seeks to bar his client from profiting from the death of his wife and unborn child.

The lawsuit, brought by Sharon Rocha, Laci Peterson's mother, asks the court to keep any payments from book or movie deals in a trust account until a verdict is reached in Scott Peterson's double-murder trial.

Peterson's lawyer said the court should dismiss the case, because the complaint is filed under California's "Son of Sam" law, which was struck down nearly two years ago.

Attorney Eugene P. Harris of Los Angeles could not be reached for further comment.

Adam Stewart of Modesto, Rocha's attorney, said the lawsuit seeks to protect the family's rights.

"Those profits should be accounted for to the court and after the trial, made available to the victims," he said.

Stewart noted that the Principal Life Insurance Co. has deposited $256,429 with the court.

The policy, purchased in June 2001, designates Scott Peterson as the beneficiary, but Rocha was appointed special administrator of her daughter's estate in November.

"The money would go to Scott if he is acquitted," Stewart said. "It would go to Mrs. Rocha if he is convicted."

The California Supreme Court struck down the Son of Sam law in February 2002, saying it violated the First Amendment's guarantee of free speech.

The law, named after serial killer David Berkowitz, said profits from the sale of a convicted felon's story must go to the victims. The court said the law was written too broadly.

Nine months later, the Legislature approved a law that says victims may sue for damages for up to 10 years after a felon has completed parole.

During a brief conference Friday, Judge William Mayhew said both sides will have 120 days to build their cases. They return to court on May 27.

Erwin Chemerinsky, a constitutional law professor at the University of Southern California, said the high court's intention is clear.

He said Rocha can file an unlawful death lawsuit against Scott Peterson, whether he is acquitted or convicted, and go after any assets he has......

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.