Retired judge chosen to preside over Scott Peterson murder trial

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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.

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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........

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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 ........

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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........

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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.

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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. .........

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(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 .........

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I don't know about THIS particular relationship Julie. It seems that these two people were on completely different wave lengths. From the testimony of Laci's family, I get the impression that she really didn't KNOW the guy she was married to. Laci, by all account, was happy. Also, both her Mom and her girlfriends said she was strong willed and that she wasn't the type to allow herself to be abused. I really believe Snotty was able to function with his double life because of his employment (travelling salesman). You can hide a lot of activities while "travelling"!! Appears it was the "perfect" job for him. Also it appears to me that Scott was maladaptive in ALL his relationships!! He's sick imo.

"Also, both her Mom and her girlfriends said she was strong willed and that she wasn't the type to allow herself to be abused."

You could be right in your assessment of the situation. I tend to think that she did have some idea of what was going on - she might not have known about Amber but I bet she knew about past affairs, reckless spending and neglect (e.g., not attending her shower). All of this is abuse and, for some reason, she tolerated it. I honestly don't mean to disparage her Lynn - my heart breaks everytime I see her picture. I've just worked with so many women who are in these situations who believe that as long as their husbands aren't hitting them they aren't being abused. Did this guy have a double life? You bet. Did everyone around him know the extent of this double life? No - but I bet alot of people (Laci included) saw the tip of the iceberg from time to time. JMO :-)

"Also it appears to me that Scott was maladaptive in ALL his relationships!! He's sick imo."

I think the interesting question is...if he was married to a different kind of person would he have murdered? Would there have been a different outcome? I'm not arguing that he doesn't have issues! (I wouldn't get very far with that kind of argument! LOL)

I guess we'll never really know Julie. Perhaps Laci did see things through rose colored glasses. I just don't know. I do recall her girlfriends saying they didn't believe that He had told her about Amber because Laci was NOT the type to take that. I still believe this guy used his employment and travel as a cover. He likely had a separte cell phone # for Laci. The only person on the Rocha side of the family who seemed to have any clue about who Scott was is her Dad. I do believe he is a Sociopath and I don't believe he has "normal" feelings. His feelings are all about how HE feels regardless of who he is with.

"His feelings are all about how HE feels regardless of who he is with."

I think we share the same opinion on that point! I have Fox News on as I work. They just had a little panel on discussing the Peterson case. The defense attorney (the one who was supposed to argue Scott's case) said when you put it all together it looks bad for him. Good to hear!
:-)

the interesting question is...if he was married to a different kind of person would he have murdered?

IMO, eventually Scott would feel trapped being married to any woman, freedom seemingly his goal after a few years of marriage.

And his having to present a perfect image to the world have precluded a divorce in any marriage, JMO.

Something influencing my personal opinion are the two missing women in the general vicinity of Scott when they disappeared.

Those incidents of girls missing when he was in college is a "mystery" isn't it? Remember how he SUDDENLY left Arizona. He had been called in for an interview but never went in. Perhaps, with Laci, he thought he was proficient enough to pull it off. I doubt he banked on the fact the whole City LOVED Laci.

Some women will back off, some will be stubborn and keep asking, some will enlist family, yes, I see what you're saying. I know one of those women who backed off--until it was too late. However, she doesn't seem to be obsessed with the finality of it, thank heaven.

And there's another thing some women might do... they might go ahead and let it happen, then half-heartedly pass it off to the husband as a failure of birth control. Maybe she did that. Maybe she figured, "I'll just wait it out, when that little darling who looks like both of us is out, smiling at him, he will accept it." And you know, drjulie, I think most men WOULD accept it. They might be resentful towards the wife, but they would also get to like the kid--usually. (I've even known criminals who were proud of their adorable kids.)

You know, though, if we are correct in assuming that Scott really, really didn't want to be a father, then I don't see why he didn't have a vasectomy. But then, we have already been asking ourselves why he didn't just get a divorce... and there seems to be no reasonable answer to that question.

I am very intrigued by your info about interaction of personalities leading to maladaptive behavior in one person, which behavior he doesn't show when he's interacting with OTHER personalities. Hey--that may explain my son and me, lol! Maybe it's my imagination, but he seems to be such a solid citizen... except when he's dealing with me! LOL.

Another thing you said... I see you were bending over backwards to emphasize that you were not blaming the victim. I have felt that way, too, when I contemplated whether maybe Laci was nagging Scott, or whether they were engaged in power struggles. I mean, nobody is a saint. She may have picked up a few of the bad traits a wife can pick up. It may have made him feel angry and dominated.

But these little flaws, if she had them, would be very, very small in the overall scheme of things. A decent man, when he got to seeing red over them, would step back, take a deep breath, and remind himself that "this too shall pass." But a man who's NOT decent... no telling!

I suppose we could all analyze this till the cows come home but the main thing is this guy gets convicted. I am anxious to see what the Prosecution has NOT shown. I'm sure you agree Dev but MOST Prosecutors offices would NEVER go for a Death Penalty unless they thought they had a very good chance of getting a conviction. When Distaso let fly last time in Court and actually pointed at Peterson and said "then this man killed Laci Peterson"!! Distaso not only rattled Snotty somewhat but he rattled Geragos. Geragos was up on his feet and gave away the defense's strategy. I'll bet Jackie P. was not pleased either!! If ONLY something could still be found in the Bay that ABSOLUTELY ties Snott to Laci. (Perhaps there is - maybe a fingerprint on duct tape)!

You know, though, if we are correct in assuming that Scott really, really didn't want to be a father, then I don't see why he didn't have a vasectomy.

Wonder if Scott was afraid a vasectomy would diminish his sex drive and somehow tarnish his perfect image?

Who else could have done this, but Scott?

That's not a valid argument for a courtroom, but it sure is a valid argument for just plain common sense. Who else had the motive, means, and opportunity, all coming together at once?

And what other killer would have taken such great pains to remove the body from SCOTT'S house? Why would they bother, when they could remove THEMSELVES from the scene and the crime far more easily?

One of those reasons is probably why he didn't get one--though both those reasons are, as we know, spurious. A vasectomy has nothing to do with sex drive, that I've ever heard, but you're right, in Scott's male mind, maybe it did.

The perfect image thing is food for thought, too. A narcissistic type would be obsessed with keeping his body "perfect". Guess that would exclude even minor snipping--or whatever they do for vasectomies nowadays.

Did you notice if you rearrange the letters in "TUCOWS", you're left with "TU - SCOW"? But I digress.

Here's a "letter to the editor" from the owner of the site:

Letters: He's innocent

I am very pleased that Judge Girolami changed the venue for the Scott Peterson trial to San Mateo.

I am still concerned, however, that the national media bias against Scott will soon have the same effect here as it did in Modesto.

Sad to say, we have no national media that has championed Scott Peterson's cause. For that reason, a group of concerned citizens, devoted to the principle of presumption of innocence and convinced Peterson is not guilty, have put together a Web site called Scott is Innocent.

We discuss serious flaws in this investigation and in the evidence presented in the preliminary hearing. We have no "leaked" documents, as claimed by other media, just common-sense analysis of what is in the public record.

Take a look at what the media is not telling you about this case. Visit scottisinnocent.com.

Marlene Newell

http://www.sanmateocountytimes.com/Stories/0,1413,87%257E2458%257E1912404,00.html

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