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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......