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Haggling Over Evidence in Peterson Trial
The Guardian ^ | 3/01/2004 | Brian Skoloff

Posted on 03/01/2004 5:35:24 AM PST by runningbear

Haggling Over Evidence in Peterson Trial

Haggling Over Evidence in Peterson Trial

Monday March 1, 2004 10:46 AM

By BRIAN SKOLOFF

Associated Press Writer

REDWOOD CITY, Calif. (AP) - Just days before jury selection is set to begin, attorneys in Scott Peterson's double-murder trial continue to haggle over the admissibility of evidence.

Judge Alfred A. Delucchi has already made several key rulings in the case, including a decision to allow prosecutors to use evidence police gathered with electronic devices used to track Peterson after his wife disappeared.

But still at issue is the admissibility of monitored phone calls, which was set to be the topic when court hearings resume Monday. Peterson is charged in the deaths of his pregnant wife, Laci, and their unborn son.

Peterson attorney Mark Geragos was prepared to challenge the wiretap evidence, which was gathered by police in the weeks after Laci Peterson's disappearance. Geragos claims investigators violated Scott Peterson's attorney-client privilege when they listened to bits of conversations with his first attorney, Kirk McAllister.

During the first months of 2003, investigators monitored about 3,000 calls Peterson made or received, including 76 between the former fertilizer salesman and his first attorney.

With both sides bound by a gag order, it's unclear exactly what evidence prosecutors plan to use from the wiretaps, but authorities have maintained they followed all federal guidelines when using the listening devices.

The bodies of Laci Peterson and the baby washed ashore in April along the shores of San Francisco Bay, not far from where Scott Peterson claims he was fishing on the day his wife vanished - Christmas Eve, 2002.

Jury selection is scheduled to begin Thursday, with court officials summoning 200 potential jurors for questioning.

In other crucial decisions, Delucchi ruled last week that only one jury will be seated for the trial and that panelists will not be sequestered. Geragos had sought two juries - one to decide guilt or innocence and one to levy a sentence if Peterson is convicted. He could face the death penalty.

Delucchi has yet to rule on what could be the most damaging ...........

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House Passes Unborn Victims Of Violence Act

House Passes Unborn Victims Of Violence Act

( ABP) -- The U.S. House of Representatives voted Feb. 26 to treat an attack on a pregnant woman as two separate crimes against her and the fetus she is carrying. Critics say the bill would undermine abortion rights by giving fetuses new legal status.

The measure would be applicable only to federal crimes, such as terrorism or drug trafficking. But supporters said Congress needs to bring federal law in line with state statutes. Twenty-nine states already have laws that recognize crimes against fetuses.

Passage of the Unborn Victims of Violence Act is backed by President Bush and conservative religious groups. It is the major legislative objective of abortion opponents this year, after Congress banned partial-birth abortions last year. A similar bill awaits action in the Senate. Although the House has twice passed bills recognizing crimes against fetuses, the Senate has yet to do so.

Bush urged the Senate to follow the House's lead. "Pregnant women who have been harmed by violence, and their families, know that there are two victims -- the mother and the unborn child -- and both victims should be protected by federal law," he said in a statement.

Before passing the bill 254-163, House members easily rejected a Democratic substitute that would have increased penalties for attacks on pregnant women in which the fetus is injured or killed without recognizing the fetus as a victim. .........

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Demographics less important than attitudes in Peterson jury

Posted on Sun, Feb. 29, 2004

Demographics less important than attitudes in Peterson jury

KIM CURTIS

Associated Press

REDWOOD CITY, Calif. - Attitudes about the death penalty and extramarital affairs may be more important than demographics when it comes to picking a jury for Scott Peterson's double-murder trial, experts say.

Jury selection is slated to begin later this week, as the first 200 questionnaires are handed out to San Mateo County residents. After the judge dismisses people for hardship reasons, the next step will be further questioning, or voir dire. Jurors will be questioned one by one in the courtroom by lawyers and Judge Alfred A. Delucchi.

"Demographics are not the controlling factors," said Lois Heaney of the San Francisco-based National Jury Project, the nation's oldest trial consulting firm. "It's people's attitudes, their life experiences, what life has taught them."

Authorities allege Peterson, 31, murdered his pregnant wife, Laci, in their Modesto home on Dec. 24, 2002 because he was having an affair with a massage therapist, then drove her body to San Francisco Bay and dumped it overboard from his boat.

On Monday, attorneys will continue arguing over the admissibility of wiretap evidence gathered in the weeks after Laci Peterson's disappearance.

In addition to age, occupation, marital status and other demographic data, prosecutors and defense lawyers will ask potential jurors on the 30-page questionnaire whether they've had an extramarital affair, how they feel about people who have affairs, whether they've ever lost a child or been a victim of a violent crime, whether they've ever considered a career in law enforcement and if they own a gun.

"The prosecution is looking for people who are more conservative, more conventional and who are deeply, personally offended by things like people having an affair," Heaney said.

Prosecutors also will likely favor "authoritarians," or judgmental people who tend to discriminate, according to David Graeven, president of the San Francisco-based Trial Behavior Consulting. "They're very black and white. They tend to follow authority. They respect that which is above them, but not what's below them."

However, people who work in the hard sciences, such as engineers, would be ideal for the defense, Graeven said.

"Engineers rely on evidence," he said, adding that the prosecution has an extremely high burden of proof in a double-murder capital case.

The defense also wants jurors with "a high tolerance for ambiguity," Heaney said. "People who can tolerate just not knowing if the prosecution can't prove his guilt."

On the other hand, prosecutors want people who say "good enough," she said. "There's enough smoke here."

In most capital cases, the real issue isn't guilt, but whether to sentence the defendant to death, said Edward Bronson, who teaches at Chico State University and has studied juries for 40 years.

"There are exceptions, and this arguably is going to be one," Bronson said. "A lot of the evidence is kind of hokey. Some of it's barely admissible. This could be a close case on guilt."

Defense lawyer Mark Geragos failed in his attempt to empanel two separate juries - one to determine guilt and another to impose sentencing. Now, all 12 jurors and six alternates will need to proclaim their willingness to sentence a person to death.

That means trouble for the defense, experts agree.

Talking to people about the death penalty before the person is convicted, means "placing in people's minds that he's guilty," Heaney said.

And the more questions you ask, and the more you talk about the death penalty, "the worse it gets for the defense," Bronson said. "This is an absolutely atypical capital case. This ain't no Charles Manson. He's white, he's middle class ... This isn't what you typically find.".......

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DEVELOPMENTS:

Posted on Fri, Feb. 27, 2004

DEVELOPMENTS:

Judge Alfred Delucchi denied a defense request Thursday to sequester the jury for the six-month trial. He also denied a defense motion to select two juries, one for the guilt phase and one for the penalty phase.

The supervisor of a dog handler testified that Laci Peterson's sunglasses used by the dogs to recognize Laci's her scent were not contaminated by Scott Peterson's scent from his brown slipper.........

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Wiretap, dog tracking evidence to be challenged by defense

Wiretap, dog tracking evidence to be challenged by defense

Redwood City, California-AP -- Attorneys in Scott Peterson's murder trial will be back in court today to haggle over what can be admitted as evidence.

One issue is the wiretapping of three-thousand phone calls. Peterson's attorney says investigators violated attorney-client privilege when they listened to calls between Peterson and his first lawyer. Authorities say they followed federal guidelines when using the listening devices.

The judge has yet to rule on evidence from police who say tracking dogs picked up Laci Peterson's scent on her husband's boat and at a marina. Laci Peterson's......

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The People of the State of California vs Scott Lee Peterson

(Excerpt) Read more at guardian.co.uk ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; US: California
KEYWORDS: avoidingchildsupport; baby; babyunborn; conner; deathpenaltytime; dontubelievemyalibi; getarope; ibefishing; laci; lacipeterson; smallbaby; smallchild; sonkiller; unborn; wifekiller
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To: Velveeta; All
I can see her not wanting to testify if it's an any-minute situation as to her going into labor. I bet she's worried her water will break while she's in the courtroom... I can understand that. But, sheesh, she's supposed to be so healthy... didn't she used to be a health club or yoga instructor? If I could try cases right up to the time of delivery, why couldn't she testify? Plus, I think it would be advantageous to HER--the defense wouldn't DARE be nasty while cross-examining a very pregnant woman!

It never ceases to amaze me how some people, when they are expecting a baby, think that motherhood has never happened on this earth before, that it's never happened till THEY did it! Amber should know better... she already has had a baby.

They'll get her testimony in at some point. And they can play the tapes of the phone conversations, as well as those interviews Scott did, any time during their presentation.

I can't believe the article said that about her hair! The press really is merciless!
301 posted on 03/05/2004 6:19:07 AM PST by Devil_Anse
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To: Jackie-O
Now that's more like it!! Go Amber!!
302 posted on 03/05/2004 6:20:14 AM PST by Devil_Anse
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To: Jackie-O
I don't know about the men on the panel, but if any woman on the panel says she has absolutely no opinion regarding extramarital affairs, IMO she's lying.
303 posted on 03/05/2004 6:33:18 AM PST by Devil_Anse
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To: Devil_Anse
Allred said the only thing Amber is apprehensive about is being so far away from home and her OB if she is due any day at the time she is to testify. I'm sure they will work around it.
304 posted on 03/05/2004 6:38:22 AM PST by Jackie-O
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To: Jackie-O
That guy looks like he'll never confess, but from what I understand, they still have some powerful evidence against him.

It is so sad--and must be unbearable for her family--to think of that poor girl's remains still out there somewhere, lost and unseen...
305 posted on 03/05/2004 6:42:11 AM PST by Devil_Anse
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To: Devil_Anse
Thanks for reminding me...I need to watch this case today to see if there is any news.
306 posted on 03/05/2004 6:43:20 AM PST by Jackie-O
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To: Jackie-O
That Fox legal guy, Stan Goldman, was pointing out last night how they don't HAVE to even have Amber testify. They've already got the tapes, they can get the tapes in w/o her. (Ahem, I used to point this out over and over and over, to a certain doubting poster.)

Furthermore, as to Scott and Amber having partied together, there were others present at those times, and those others could testify, and place Scott and Amber together. AND there are of course those sickening photos of Scott and Amber. I think the Santa photo will be particularly nauseating to the jurors. Not to mention the identical poses Scott struck, with Laci, and then with Amber, by the Christmas tree.

However, as other talking heads pointed out, tactically speaking, it is far better to physically bring Amber into the courtroom. The jurors will be better able to keep the affair in mind if they do that.
307 posted on 03/05/2004 6:50:52 AM PST by Devil_Anse
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To: Devil_Anse; All
Here's where I'll be with news on Dru, and Rodrequez's hearing today.
http://www.freerepublic.com/focus/chat/1089231/posts?page=5
308 posted on 03/05/2004 6:53:52 AM PST by Jackie-O
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To: Jackie-O
Thanks!!
309 posted on 03/05/2004 6:57:55 AM PST by Devil_Anse
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Bookmark.
310 posted on 03/05/2004 9:10:30 AM PST by Lucy Lake
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To: Jackie-O; Howlin
Thanks Jackie and Howlin for the link and new thread. I'll be following along for news while jury is being selected.
311 posted on 03/05/2004 9:13:51 AM PST by Sandylapper
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To: Sandylapper
Hey sandy..where ya been?
312 posted on 03/05/2004 9:20:34 AM PST by Jackie-O
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To: Devil_Anse
Dev: Gloria Allred said on CTV yesterday that Amber WILL do her duty and testify!! Of course, she doesn't really want to, who would? She understands her relevance here.
313 posted on 03/05/2004 10:52:44 AM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Jackie-O; Devil_Anse; pinz-n-needlez; grizzfan; onyx; Howlin; All
I just have to type you what was posted on CTV this afternoon. It is extremely interesting and excitingly revealing to me. It goes as follows: Heading: FINGERPRINTS? HANDWRITING ANALYSIS: Oceaanblueeys read the 23 pages of the Jury Questionnaire. She has served on two murder juries in the past and finds this revealing:
She quotes: " What I found interesting is the questioning if they knew anyone that was in a particular SPECIALIZED TRAINING. tHE LIST WAS QUITE TELLING in her opinion. Five of the types of specialized training caused her to pause. I quote: "I believe that it gives us a glimpse of who will be testifying in this trial. I will list them again... please add others that you think may be significant.
1. Banking/Finance.. Are we going to see a repeat of the MP financial downfall? 2. Drugs/Alcohol... Did they find traaaceable drugs in Laci's body after all? Or are they going to testify of SP's dealings with drugs? Maybe both? 3. Firearms.... Is there another firearm that we are not aware of? Does the hand gun SP had in the truck hold a secret? 4. Handwriting Analysis... Why is a handwriting expert being called? Are there forged documents in this case? Is this the insurance policy? Or other documents such as fraud committed by SP? 5. Fingerprints?...Whose fingerprints? Where? On tape perhaps? On the recently cleaned window in Laci's home or on the window sill? Could the fingerprint be left in some type of DNA of Laci? I had thought these things are very interesting and like a mini-road map of who may testify.

Another poster wrote: The handwriting analysis may be about the note Scott wrote and put up at the Search Centre, or about the fake ID and stuff that was used to buy the car under the *Boy named Sue*, Maybe they found the gun was recently fired in that truck and Scott lied?

Then another poster wrote Graphoanalysts, like this one, are legit. http://www.ancestry.com/library/view/ancmag/1595.asp. I didn't check the site but it goes on to say: Maybe the handwwriting analysis has something to do with Scott's character also. An experienced Graphologisst is supposed to be able to make certain assumptions about the subject's personality through the size, shape of letters, legibility, etc. of their writing. Wondering if there is more to the insurance,such as an increasee in coverage that Laci herself did not endorse? The possibilities are numerous.

Lastly, another poster surmises that perhaps LE found a threatening note to Laci? The interesting thing is the fingerprint expert. Is there indeed Scott's fingerprints that have been lifted from the duct tape used to tape Laci "together"? In any event, there are a number of EXPERTS in the above noted fields, listed to testify!!

Sorry for the length of this but I think it is extremely revealing. The Prosecution has done an exemplery job of "hiding the ball" on a number of absolutely KEY issues!! What do the rest of you think? CO
314 posted on 03/05/2004 8:09:55 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Canadian Outrage
VElVEETA!! I meant it for you also! Sorry gal.
315 posted on 03/05/2004 8:14:02 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Canadian Outrage
Very interesting and your penned us a thorough report. Several 'thangs' to consider and ponder. Thanks CO.
316 posted on 03/05/2004 8:20:59 PM PST by onyx (Kerry' s a Veteran, but so were Lee Harvey Oswald, Jeffrey Dahmer, and Timothy McVeigh)
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To: onyx
your welcome onyx!! Where are the rest of our crew?? They have ALL been absent since this morning!!
317 posted on 03/05/2004 8:31:15 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Canadian Outrage

Busy I reckon. I've been in and out all day, and the 4-year-old just now headed for bed. MY time at last.

318 posted on 03/05/2004 8:33:57 PM PST by onyx (Kerry' s a Veteran, but so were Lee Harvey Oswald, Jeffrey Dahmer, and Timothy McVeigh)
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To: onyx
Also onyx, How many times have we heard there is "NO EVIDENCE" yet, if ou go and look at the questionnaire, eveery expert that you normally see in a rock solid csse is listed there (their specialized fields andeven some we usually don't see). A fingerprint expert could turn this case on its head. I can't get that one out of my mind. What fingerprints will he be showing to the Jury? This above post was re-printed from Oceanblueeyes who posted the original questions in the first place. She is also the one who has served on 2 (TWO) Murder cases.
319 posted on 03/05/2004 8:43:44 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: onyx
Isn't baby/toddler bedtime just the best time of day? LOL. Although our litle ones tire us out, it's heaven to tuck them into bed.!! I wish Laci were tucking her little one Connor into bed. What a "needless" tragedy!!
320 posted on 03/05/2004 8:46:25 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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