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.......
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"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!!
