GPS data at issue in Peterson case

CNN.com/Law center ^ | Tuesday, February 17, 2004

[fiesti]

Hi Kiddo think about you lots and how would like to meet you but you are sooooooooooooofar away....Think about lots of things like to do but too bad day is only 24 hrs lol...I was all set to be a couch potato for 5 or 6 months watching snotts trial and am grrrrrrrrrrrr mad no camers....Still doing what I can do to help out terri...Seems I pray an awful lot lately but that is good......Can't wait to see the Passion of Christ although I don't know if I will be able to bear it. We went about a month ago and saw stage play of Jesus Christ Superstar and cried eyes out through last half...Guess maybe I should have sent you a letter instead of posting but oh well...lol

[Canadian Outrage]

Well you are keeping yourself busy in a productive way anyway. Nothing more productive than a rich prayer life. My problem always seems to be not enough hours. I keep promising God I'll do better. LOL I'm thankful that he is forgiving. Actually I do a lot of my praying in the car and on the fly!! As to this case, since I'm home today, I was watching Court TV and baking apple pies - I heard that Geragos, today, is attempting to have ALL the phone wiretap evidence EXCLUDED!! I don't know what it is, but the mention of Geragos makes me angry. He just plain irks me. I think he's a very deceitful and dishonest man - he's PERFECT for the Peterson's however because they have the same character - NONE!! I have also been following Terri's case and was pleased to hear that Judge Baird is being forced to go back and do his job properly. I'm just not sure that HE can do the job properly. It really should be moved to a different Judge. Florida has a HUGE problem, it would appear, with judicial corruption. So many problems in the world. My heart aches for the Rochas. As I see Snotty smiling and laughing and joking around with Geragos, and the Sr. Peterson's flapping their gums everytime they come out of Court, I just think of how awful it must be for Sharon and the rest of the family to control their feelings and themselves. I too am very disappointed about the trial not being televised. As to meeting each other, who knows, that could maybe be arranged.!!

[Canadian Outrage]

Dev I think the Prosecution WILL start tying their case together once they get through fighting GERAGASBAG over every piece of evidence!! To me, anyway, if Geragos was defending an innocent man, WHY would he be fighting tooth and nail to keep everything the guy did, AWAY from the Jury. For crying out loud GERAGOS - just present us with the REAL killer!! That's what the idjit has been saying. Truth is, he NEVER produces. He's a major GASBAG!!

[Canadian Outrage]

What the sam hill??? WHERE are you SCOWS and SCOMS?????? This is getting rediculous.

[Canadian Outrage]

Fiesti, one thing I forgot to mention with respect the Jackie P. NOT being in Court - maybe somebody choked the $itch!!

[Lucy Lake]

Wasn't Jackie P. missing last week, also? Didn't someone mention she will be getting a transplant? I've forgotten what, maybe lungs? Could this be where she is?

[Canadian Outrage]

I've never heard that JP needs a lung transplant. I don't recall reading that anywhere but that doesn't mean it isn't so. Frankly, I don't even know what her exact disease is.

[KC_for_Freedom]

I have lived in San Mateo, and served on juries there. Typically lawyers excuse well educated people from technical fields, but in the SF Peninsula area there are a large number of well educated techies. Likely there will be some on the jury who will not brush aside issues of tracking using GPS.

Of course there are also jurors who mistrust the police, which was the point exploited in the Simpson case.

San Mateo draws from very upscale (Hillsboro, think Bing Crosby) Foster City, (think middle class) and Shoreview, (think near poverty level). Of course even the Shoreview homes sell for $250 K and up so its not like poverty in Alabama.

[Canadian Outrage]

Lawyers can only excuse so many tho - correct? I've been thinking that MG's Jury consultant will be advising Geragos to get as many young men on that Jury as possible. I think from that County even the minority residents will likely be professionals (educated) and well to do.!!

[Lucy Lake]

Apparently she needs help breathing so the lung transplant is only a guess. But it seems I read she is waiting for some sort of transplant. I may be wrong.

[endthematrix]

UPDATE! http://www.freerepublic.com/focus/f-news/1080994/posts

[runningbear]

thanks for the updates. ;o)

[Jackie-O]

Morning RB! I watched Greta last night and they were discussing how Geragross was ranting in court about the discovery of possible witness that could exonerate Snott. Most of the talking heads blew that off, Fieger said that if MG had found something in those notes, and he had them all weekend, he would have filed a motion by now. Much ado about nothing...talking heads suspect that these "possible witnesses" were more than likely kooks who phoned in tips, or others that were incredible.
Come on MG, do you honestly think the DA would withhold evidence and arrest your client if there was ANY other possible suspect??? I highly doubt that the county would waste their taxpayers money, not to mention a wrongful prosecution lawsuit, just because they were pissed at Snott for cheating on his beautiful pregnant wife!!

[Velveeta]

Sorry, CO. Busy schedule with my children and I fell sound asleep during Greta. I'm trying to get caught up on what happened in court yesterday. ;-)

[Jackie-O]

Besides the Judge allowing the GPS Data, MG is still arguing to exclude the taped conversations, over 3000 calls from his 4 cell phones, and his home phone, and trying to get 2 separate juries, one for the trial phase, one for the penalty phase. Arguments will continue today.

[runningbear]

Some follow ups from Wednesday's hearing. Kind of sad on how this court kabash media news as it happens when court is in session......

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Lawyers Haggle Over Wiretaps

Scott Peterson

The Perfect Juror

Found this interesting news

Thursday, February 12, 2004

The perfect juror

Jury summonses already are showing up in people's mailboxes, asking them to appear in Superior Court on Feb. 26, presumably for the Peterson trial. One source described herself as the perfect potential juror. "I am so bored by the thing by now that I'd be totally impartial," she said.

--Tim Hay posted by John @ 8:43 PM.....AND THIS:

Mystery letter update

At Wednesday's hearing Judge Alfred Delucchi was handed a letter marked "evidence," and the court took a quick recess to discuss it. Rumors swirled that a woman had confronted Scott Peterson's mother, Jacqueline, in the bathroom and told her that the woman had witnessed Laci's murder. Upon returning from the short conference defense attorney Mark Geragos leaned over the railing to Jacqueline Peterson and said: "This is what bothers me. It scares the hell outta me." Outside the hearing, Laci's stepfather Ron Grantski told a group of reporters that he didn't think the letter was anything "too important."

--Jason Dearen posted by John @ 4:41 PM

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Guess Geragos is re-trying to get already admitted evidence contested again?

Lawyers Debate Wiretaps in Peterson Trial

Article Last Updated: Thursday, February 19, 2004 - 5:08:53 AM PST

Lawyers Debate Wiretaps in Peterson Trial

By KIM CURTIS - ASSOCIATED PRESS

REDWOOD CITY, Calif. - Lawyers haggled Wednesday over whether wiretapped phone conversations of Scott Peterson after his wife disappeared can be used as evidence at his murder trial.

Defense lawyer Mark Geragos argued the conversations should be inadmissible because investigators violated the attorney-client privilege when they listened to calls between Peterson and his former attorney, Kirk McAllister.

But prosecutors presented investigator Steven Jacobson, who testified he and others followed federal guidelines when they briefly monitored parts of 76 recorded calls.

Prosecutors must convince Judge Alfred A. Delucchi the phones were properly tapped before the recordings can be used as evidence.

The content of the taped calls was not discussed in open court, but lawyers joined Delucchi in his chambers to begin listening to them. Delucchi did not make a ruling, and lawyers were to return Thursday for more closed-door meetings.

Peterson is charged with murdering his pregnant wife, Laci, and their unborn son. He could face the death penalty if convicted.

Investigators for Stanislaus County prosecutors tapped Peterson's phones in early 2003 as they began to scrutinize the former fertilizer salesman.

Authorities monitored Peterson's home and cell phones from Jan. 10-Feb. 4, 2003, Jacobson said. They bugged his cell phone again briefly from April 15-18. .......

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Geragos: Prosecutors slow to hand over evidence

Mark Geragos, attorney for Scott Peterson , who is accused of the double murder of his wife Laci and their unborn son, arrives at the San Mateo County Courthouse in Redwood City, California, for a court session, February 18, 2004. A northern California judge warned he might postpone the Peterson murder trial to ensure that defense attorneys have seen all of the evidence against the Modesto fertilizer salesman. (Pool/Reuters)

Article Last Updated: Thursday, February 19, 2004 - 3:43:52 AM PST

Geragos: Prosecutors slow to hand over evidence Defense tries to get judge to throw out recorded conversations

By Jason Dearen, STAFF WRITER

REDWOOD CITY -- Scott Peterson's attorney complained Wednesday that prosecutors have lagged in turning over key evidence that he believes could exonerate his client.

Before Wednesday's hearing on the admissibility of evidence obtained by wiretapping, Mark Geragos told the court that he had only just received a large amount of evidence from the prosecution, including forensic tests of hair found on pieces of duct tape that were on Laci's body.

"I'm getting items, pages upon pages (of evidence) including hair tests. Hair tests that exclude my client," Geragos said. Geragos also said he has just received tests of blood on Peterson's boat that tested negative for human blood.

"All of that material gets dumped on me in the last few days on a piecemeal basis," he said. "They have reports of interviews with witnesses that have come from as far back as October that they have just dumped on us," an annoyed Geragos told the court. "There are 10 different instances that point to other people who may have committed this crime."

Stanislaus Deputy District Attorney David Harris blamed the delays on the fact that much of the evidence involved obtaining reports from the FBI, which has been slow in turning over information, he said.

"You can't wait for the last minute before we start picking the jury," Delucchi told prosecutors. "I thought this was ready for trial, but if it's not, I'll give Mr. Geragos a continuance."

Evidence examined

Prosecutor Rick Distaso spent Wednesday morning questioning a Modesto investigator who supervised the eavesdropping of more than 3,000 of Peterson's phone calls between the time of Laci's disappearance and his April 2003 arrest.

Geragos filed a motion in August to suppress all evidence obtained by wiretapping, mainly because, he argues, 76 of the calls in question violated attorney-client privilege, among other things.

More than 3,000 calls between Peterson and others were recorded and monitored to some extent between January and April 2003, according to Steven Jacobson, the investigator who oversaw the wiretapping. .........

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Geragos: Hair samples exclude Peterson

Geragos: Hair samples exclude Peterson

By GARTH STAPLEY and JOHN COTÉ

BEE STAFF WRITERS

Last Updated: February 18, 2004, 05:52:28 PM PST

5:18 p.m., PST: REDWOOD CITY - Hair taken off duct tape as part of the investigation into Laci Peterson’s death does not match her husband’s, his defense attorney said in court today while relaying a series of allegedly new information contained in prosecution documents turned over Tuesday to the defense.

"I've got pages on pages of hair comparison that are very detailed that exclude my client at every single point," attorney Mark Geragos said, charging that prosecutors this week turned over about 800 pages of documents from the state Department of Justice and the FBI containing information that could help his client.

"Hair was taken off duct tape that excludes my client," Geragos said, referring to tape found with Laci Peterson's remains in April after her body washed ashore in San Francisco Bay.

Five stains in Peterson's boat that police thought were blood turned out to be something else, according to Geragos.

Prosecutors contend Scott Peterson murdered his pregnant wife on or just before Christmas Eve 2002 and then ferried her body out to San Francisco Bay in a recently bought 14-foot aluminum boat.

Her body and that of her unborn son, Conner, were found separately along the bay's eastern shoreline, within a few miles of where her husband said he went fishing the day she was reported missing.

Peterson has pleaded not guilty to two counts of murder in their deaths. Prosecutors are seeking the death penalty.

Geragos charged that the documents revealed an "extensive" investigation into four unnamed people, one of whom allegedly claimed responsibility for the killings.

Prosecutor Dave Harris suggested the defense was trying to resurrect its theory that suspicious people in a brown van were connected to the case. Authorities later found a van the defense was seeking and questioned and cleared its occupants.

"It's not the brown van," Geragos replied. "There is a series of seven witnesses who have a complete separate connection to this."

Harris argued that the newly provided information was largely "notes" by lab technicians and other witnesses and did not exonerate Peterson.

"There isn't anything exculpatory in there because there is no connection between that work and this particular case," Harris said. ....

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Humm, is there a spin on these hair samples? Were not these hairs findings Laci, and not Scott's? I got confused here. ;o)

[runningbear]

Peterson lawyer hails data

Peterson lawyer hails data

By JOHN COTÉ and GARTH STAPLEY

BEE STAFF WRITER

Last Updated: February 19, 2004, 05:25:14 AM PST

REDWOOD CITY -- Hair taken off duct tape found with Laci Peterson's remains does not match her husband, his defense attorney said in court Wednesday.

The attorney, Mark Geragos, made the statement while discussing a series of what he said was 800 pages of new information prosecutors turned over Tuesday.

"I've got pages on pages of hair comparison that are very detailed that exclude my client at every single point," Geragos said.

He added that the new documents from the state Department of Justice and the FBI contained information that could help his client.

Geragos charged that the documents revealed investigations into other people, and that someone allegedly claimed to be responsible for the crimes.

It was unclear if Geragos was referring to duct tape found on Laci Peterson's remains or near the body. A 12- to 18-inch piece of tape was found in the groin area of her tan maternity pants, Modesto police Detective Phil Owen testified at her husband's preliminary hearing.

Also, five stains in Peterson's boat that police thought were human blood turned out to be something else, Geragos said.

Prosecutors contend Scott Peterson murdered his pregnant wife on or just before Christmas Eve 2002 and then ferried her body to San Francisco Bay in a recently bought 14-foot aluminum boat.

Her body and that of her unborn son, Conner, were found in April within a few miles of where her husband said he went fishing the day she was reported missing.

Peterson has pleaded not guilty to two counts of murder in their deaths. Prosecutors are seeking the death penalty.

Prosecutor Dave Harris suggested the defense was trying to resurrect its theory that suspicious people in a brown van were connected to the case. Authorities later found a van the defense was seeking and questioned and then cleared its occupants.

"It's not the brown van," Geragos replied. "There is a series of seven witnesses who have a completely separate connection to this."

Harris argued that the newly provided information was largely notes by lab technicians and other witnesses and did not exonerate Peterson.

Prosecutors were not withholding information but simply turning over documents as soon as they received them, he said.

But Judge Alfred Delucchi chastised prosecutors for providing the documents so late.

"I was under the impression that this case was ready for trial," Delucchi said. Jury selection could start next week.

"You're going to have to get these guys on the ball and get that stuff to Mr. Geragos," Delucchi said.

If the matter was not resolved quickly, the judge said he would set a deadline. Any information not provided to the defense by then would not be admissible at trial.

Late papers cause for debate.......

[Devil_Anse]

Hey, tell me this: how often is a lung transplant done?? That sounds to me like an extremely MAJOR operation! Also sounds like an extremely complicated one! I have not heard very much about this sort of thing being done. Aren't there lots of other treatments for people's lung problems?

I don't have a clue what Jackie P's reason is for carrying that oxygen, but could it be advanced emphysema?

If Jackie P were having anything really major done, wouldn't Lee have to be by her side? I mean, Janie is a poor substitute for her husband of so many years...

[Devil_Anse]

If the matter was not resolved quickly, the judge said he would set a deadline. Any information not provided to the defense by then would not be admissible at trial.

So if the state fails to meet a deadline, and doesn't get some arguably exculpatory evidence to the defense in time, that arguably exculpatory evidence can't be used at trial? Bwaahaha.

[Velveeta]

Thanks for the update. I'm not sure I understand the logic of having a separate jury for the penalty phase??