GPS data at issue in Peterson case

Scott Peterson is charged with killing his pregnant wife, Laci, and their unborn son.

REDWOOD CITY, California (CNN) -- Prosecutors and defense attorneys in Scott Peterson's murder trial are due in court again Tuesday to argue whether information gathered from tracking Peterson's vehicles by satellite after his wife disappeared should be admitted as evidence.

Peterson, 31, is charged with killing his pregnant wife, Laci, and their unborn son. Their bodies washed up separately on the shore of San Francisco Bay in April 2003.

After Laci Peterson vanished in late December 2002, police in the couple's hometown of Modesto placed global positioning system devices on three vehicles used by Scott Peterson to track his whereabouts. GPS devices use satellite technology to pinpoint locations.

A prosecution witness testified last week that the GPS devices, despite briefly malfunctioning at least four times, accurately tracked Peterson to San Francisco Bay.

Peterson told police he was fishing in the bay December 24, 2002, the day his 27-year-old wife disappeared, and had launched his boat from the Berkeley Marina. The bodies washed ashore a few miles from the marina.

-------------------------------------------------------------------------------------------------------------------------------------

REDWOOD CITY -- Prosecutors in the Scott Peterson double-murder trial will continue arguing today that data from a satellite tracking device during the Modesto police's surveillance of Peterson should be allowed as evidence.

Not only could the data be important for the prosecution's case against Peterson, the debate being heard in the Redwood City courtroom will influence the future use of Global Positioning Systems, or GPS, by California law enforcement agencies.

"This is the first case where it's been challenged, and it will set the precedent one way or the other," said Michael Seigel, a former assistant U.S. attorney in Florida and a professor at the University of Florida's Levin College of Law.

Seigel said GPS technology has been admitted as evidence in other states and in some federal cases because, to this point, it has not been challenged.

Police installed the tracking device on vehicles driven by Peterson after his wife disappeared and before his arrest. At a hearing Wednesday, prosecutors presented maps that showed Peterson's alleged visits to the Berkeley Marina in the days and weeks after Laci disappeared.

At this point only the prosecution and defense know how the evidence will be used, and both sides are under a gag order and cannot comment. But some legal experts have said the data might be used by prosecutors to show that Peterson returned to the marina to see if the bodies had floated to the surface.

Defense attorney Mark Geragos pointed out three separate glitches in the data and argued that the information should not be allowed as evidence because the technology is flawed.

The prosecution is expected to call as a witness today a representative from Orion Electronics, the manufacturer of the device used by Modesto police.

Geragos spent most of Wednesday's hearing grilling the prosecution's first witness, Peter Loomis, a staff scientist for Trimble Navigation, a maker of GPS technology.

While Loomis bolstered the prosecution's case by testifying that, despite the brief malfunctions, the devices are scientifically sound, Geragos had him on the defensive much of the day.

Other issues to be decided by Delucchi before jury selection begins include: .........

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Judge Al Delucchi is expected to hear final testimony today about whether global positioning technology should be allowed as evidence in the Scott Peterson murder trial or if it is “fatally flawed” as the defense claims.

Delucchi’s decision, which will come after experts for both sides testify, will determine the admissibility of the tracking data. Prosecutors hope to use the data to show Peterson’s movements after police began eyeing him as a suspect in the disappearance of his pregnant 27-year-old wife, Laci, from the couple’s Modesto home.

If allowed, the evidence could be used to show that Peterson traveled to an area north of Fresno — the town where Peterson’s mistress lived — and to the Berkeley marina where the bodies of his wife and the couple’s fetus were eventually found. It would also be the first time the technology would be used in a California court.

If Delucchi agrees with defense attorney Mark Geragos, a jury will not hear about the tracking devices and what data was collected. Geragos argued last Wednesday that the systems are “fatally flawed” and lost track of his client two separate times. Geragos also wants prosecutors to tell the court where on Peterson’s vehicles the tracking devices were attached.

If the GPS ruling is given today, decisions will follow on whether to sequester the jury and if two separate juries are needed for the guilt and penalty phases. Prosecutors filed motions last week opposing Geragos’ request for both. The rulings must be completed before jury selection can begin in the capital murder trial. Delucchi has said he hopes to begin picking a jury within two weeks.

Other pre-trial motions remaining including the admissibility of dog tracking evidence and the testimony of a witness who was hypnotized.

If convicted of killing his wife and unborn son, 31-year-old Peterson faces........

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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......

_--------------------------------------------------------------------------------------------------------------------------------------------------------

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

_--------------------------------------------------------------------------------------------------------------------------------------

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. .......

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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. .........

--------------------------------------------------------------------------------------------------------------------------------------------------

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. ....

------------------------------------------------------------------------------------------------------------------------------

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

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.

"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.......

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.