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 .....