Posted on 07/29/2004 5:30:01 AM PDT by runningbear
Judge Delucchi to rule on mistrial
Article Last Updated: Thursday, July 29, 2004 - 3:36:48 AM PST
Judge Delucchi to rule on mistrial
By Jason Dearen, STAFF WRITER
REDWOOD CITY -- Judge Alfred Delucchi decides today if what he termed as "chronic" procedural missteps by prosecutors in the Scott Peterson double-murder trial are grounds for a mistrial -- or if alleged prosecutorial misconduct and a lack of evidence together are a compelling enough reason to set Peterson free.
The prosecution's consistent discovery snafus -- the procedure that requires them to hand over to the defense all the evidence they plan to use -- have already evoked the wrath of the normally good-natured Delucchi.
"I've never seen Judge Delucchi so clearly express dissatisfaction with a prosecutor's conduct in terms of discovery," said Oakland criminal defense attorney Daniel Horowitz, who has tried a number of cases before Delucchi over the past few decades.
"Delucchi said he was annoyed in front of the jury, which means he was beyond annoyed," Horowitz said, referring to Delucchi's recent scolding of prosecutor Rick Distaso in front of the jury.
Despite Delucchi's overt annoyance at the prosecution's sloppiness, it takes much more egregious violations to warrant a dramatic ruling like a mistrial, said Jim Hammer, a former San Francisco prosecutor.
"Unless it's the most intentional outrageous conduct -- to release someone on murder charges would be an injustice," said Hammer, who has been following the trial closely.
In addition to keying on a spate of procedural issues, the defense's misconduct allegations will focus on the misstatements of one of the prosecution's .............
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Boat focus of attention
Scott Peterson, behind bars, is taken Tuesday to a parking lot where he was part of the jury's viewing of his fishing boat.
LOU DEMATTEIS/REUTERS
Above, Mark Smith, an investigator with the Stanislaus County district attorney's office, stands by Scott Peterson's boat Tuesday in Redwood City. The jury in Peterson's trial took a field trip to see the boat Tuesday.
AL GOLUB/THE BEE
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Last Updated: July 28, 2004, 09:03:31 AM PDT
REDWOOD CITY -- Scott Peterson's boat would not be easy to capsize, a prosecution expert testified Tuesday. But the boat model Peterson owns was not tested to see what would happen if someone tried to throw a pregnant woman's body overboard.
"The boat may be more sensitive than larger boats, but it is a very safe boat," said David Weber, whose Missouri company makes 14-foot aluminum Gamefisher boats like the one Peterson bought two weeks before his wife disappeared.
The jury took a brief field trip to look at Peterson's boat before Weber testified, delaying the start of Tuesday's court session about an an hour and 45 minutes.Bailiffs escorted the 12 jurors and five alternates through an underground walkway leading from the courthouse basement to a secure location nearby, where they viewed the boat.
They returned less than 10 minutes later, largely expressionless and saying little, except one alternate who joked about the cramped fit in the courthouse elevator before they boarded.
Judge Alfred Delucchi had told jurors they would be allowed to look at the boat but not ask questions. The public and media were prevented from observing the session.
Officers transported Peterson to the site in a van.
Prosecutors contend the 31-year-old agricultural.......
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Exclusive: Peterson's father urged police to expand their investigation
Exclusive: Peterson's father urged police to expand their investigation
Lee Peterson faxed Modesto police information about the Stephanie Crowe murder investigation while Laci's body was still missing.
By Emanuella Grinberg
Court TV
Lee Peterson pleaded with police to explore other avenues of investigation in the weeks before his son, Scott Peterson, was arrested in April 2003 for the murder of his pregnant wife, Laci, and their unborn child.
Court TV's Catherine Crier exclusively obtained a letter that Lee Peterson, 65, faxed to the Modesto Police Department in which he seemed to suggest that investigators were botching the case by focusing solely on his son.
Along with his handwritten note, Lee Peterson sent news articles about the infamous Stephanie Crowe murder investigation, in which police in Escondido, Calif., falsely implicated the victim's 14-year-old brother, Michael, and two of his friends through coerced confessions and evidence oversight.
"This case was botched when detectives decided they had their man after a few hours and quit investigating," Lee Peterson wrote to Modesto Police Capt. Greg Savelli on March 4, 2003.
Story continues ..........
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The Trial Outside the Court
Joel Bernstein for The New York Times Peter Shaplen, liaison between the networks and the court, briefing reporters outside Scott Peterson's trial at the San Mateo County Courthouse in Redwood City, Calif.
By SHARON WAXMAN
Published: July 29, 2004
EDWOOD CITY, Calif. — There are two trials under way here over the killings of Laci Peterson and her unborn son.
One is the quiet proceeding inside the four walls of the town courthouse run by Judge Alfred A. Delucchi. That trial is all but bereft of drama and hard to follow: day after day of dry testimony played out before 12 jurors in a courtroom only half filled with grieving family members, journalists and a smattering of the public.
The other trial takes place in the hallways and on the esplanade in front of the courthouse, where a spin zone relentlessly churns before television cameras, which are barred from the courtroom itself. This one has drama and humor and pathos, played out breathlessly almost every day on Court TV and Fox News, on "Today" and "Larry King Live."
The outcome of this trial was decided long ago, though the courtroom proceeding is not half finished.
"They're doing the O. J., the rush to justice," Michael Cardoza said in an interview during a break in the proceedings in late July. Earlier that day, Mr. Cardoza, a former prosecutor, criticized the San Mateo County prosecutors on "Today" and then again on "Larry King Live." "I've tried 40 homicide cases," he said. "I know it's not over until the jurors come back, but this is all but lost." The prosecution, Mr. Cardoza said, is failing to entertain the jury. "What they're not doing is showing emotion," he said. "There's no affect at the trial. There's no fire in the belly. Zero." ..........
(Excerpt) Read more at trivalleyherald.com ...
Pinging.........
Clouda, if you have the "live" link, could ya please post it?
Pinging............
Will Geragos seek public aid to help pay for Peterson trial?
Lee Peterson, shown in 2003 with his wife and lawyer Mark Geragos, right, says the defense has studied seeking public funds.
THE BEE
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Last Updated: July 29, 2004, 05:19:56 AM PDT
On the same day that attorney Mark Geragos paid a visit to Stanislaus County Superior Court, Scott Peterson's father confirmed that his son's defense team had considered asking for public help to defray expenses.
Geragos appeared in the courthouse in downtown Modesto on Tuesday afternoon, after a morning-only court session in Peterson's trial in Redwood City.
Court Executive Officer Michael Tozzi declined to say whether Geragos met with a judge or filed a motion requesting public money to assist in Peterson's defense on double-murder charges. Under state law, such motions are exempt from public disclosure.
"If it existed, it would be confidential," Tozzi said. "I can't confirm or deny anything."
Geragos declined to comment Wednesday. Chief Deputy District Attorney John Goold, who has served as a prosecution spokesman on the case, said he was unaware of Geragos' appearance at the Modesto courthouse.
"I don't have any information on that," Goold said. "I don't know who he was meeting."................
Peterson's lawyer is making a mistake if he asks for a mistrial and GETS IT.
From what I am hearing there is no evidence to convict him, but if he gets a mistrial he can be tried again.
If Garagos lets it go to conclusion (not guilty by reason of stupid prosecutors- just like in the OJ trial) Peterson can go golfing with OJ for the rest of his life.
Anyone know what time the hearing is?
Read PsychesKnot.com's take on whether or not Geragos wants a mistrial.
I didn't believe it at first, but now that I heard Geragos may have gone to Modesto Tuesday (possibly to ask the court's chief judge or who knows who, for funding), maybe just maybe Geragos really does want a mistrial here (IF he doesn't get said funding).
And maybe just maybe... for the exact reasons Psyche has outlined. Um, I think she said, "media and money".
If that were true, that would make Geragos more unethical and slimy than even *I* thought he was. And that's really hard to do.
The above is my opinion. I have no personal knowledge of this matter.
I am not a handwriting analysis but if one were to read this letter, I bet they would say Lee is a very disturbed person.
I just heard on Court TV that the judge will render his rulings at 2:30pm EST. It is unclear as to whether or not he is hearing any argument.
There will be video of this hearing played later on Court TV, however the judge is not allowing audio. We will get to see Peterson for the first time since the pre-lim.
Thanks
Also COURT T.V. is reporting now..10:50 a.m. CST. T.V. camera's will be in the court room. "Some of these people look DIFFERENT now" !!!! These will be fresh video..(Scott has lost 40 lbs." (Beth Karas reports). Court will be in 40 minutes...It will be filmed and then it will be on tape. There is no court today, but the Judge wanted camera's in there. ????????????????????? huh ? (There will be no audio)
(I am typing this as they are talking)....Question is asked if this is very much like the O.J. trial. Ans.: "It looks like it is heading that way." " The forensic evidence is different. There is only 2 strands of hair in the pliers." "The suspicious conduct between the two is the same. But is that enough to convince him ? "
I agree Dev, Geragos would definitely be concerned about the "money" issue.
I just listened to that Neenah. Did you get a load of the "commentary"? WHAT IS WRONG with these former Prosecutors? They know that the strategy is to put on the most convincing evidence near the end of the case. I can't understand WHY a slimeball like Geragos gets such good press. I think he's terrible. He's a BIG mouth and that's about it. He's sarcastic, he's clearly underhanded by sending out lawyers to be TH's on HIS behalf. What a travesty.
Gee, a million wasn't enough for Geragos, now he is going to pawn off the California taxpayers to pay for this creep? Geezish!
Oh, FYI, watching the Democratic convention on Fox the past few days of the little bit I could, Rob "Meat head" Reiner! Gads, those at the convention are sick-os.... (well, the insane ones...lol..)
no date? He sounds ????, can't explain...lol...
thanks....
Sure he can. If there is a mistrial -- a big "if" -- without prejudice, he can be tried again; and he'll have to sit his butt in jail while they find another attorney -- a hard thing to do with NO money -- and get ready for another trial.
He is not going to get a mistrial with prejudice; there's too much incriminating circumstantial evidence against him -- including flight risk.
From Court TV:
Diane Sawyer of the California West show of Good Morning America just announced that the Petersons can't pay any further monies for Peterson's defense. Even Laci's house has been mortgaged to the hilt.
The Stanislaus County spokeman said their top pay out to criminal defense is $125. per hour...
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