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Defense case is called a letdown Trial-watchers say lawyer didn't follow up on key claims
SF GATE ^ | 10/27/04

Posted on 10/27/2004 5:36:55 AM PDT by runningbear

Nearly five months ago Scott Peterson's lawyer stood up in a packed courtroom and swore he would prove that

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; US: California
KEYWORDS: avoidingchildsupport; conner; deathpenaltytime; getarope; ibefishing; laci; lacipeterson; sonkiller; wifekiller
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PETERSON RESTS HIS SLIPPERY DEFENSE

October 27, 2004 -- REDWOOD CITY, Calif. — Scott Peterson's defense rested yesterday after roughly five days of testimony that skirted around the prosecution's key points.

Despite his promises at the start of the trial, defense attorney Mark Geragos provided no witnesses to say they saw pregnant Laci Peterson walking her dog the Dec. 24, 2002, morning her husband allegedly dumped her body in San Francisco Bay.

"The defense case was like going to the Christmas tree, opening the box and there's nothing inside," quipped local defense attorney Dan Horowitz, who is not involved in the case.

Defense witnesses included Peterson's parents, a few police officers, a dog handler and a concrete expert.....

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Defense rests, closing with burglar theory

Scott Peterson's lawyer, who once told jurors he would prove his client was ``stone cold innocent,'' rested his defense case Tuesday by suggesting a bumbling, bike-riding burglar and his buddy may have been the real killers of Laci Peterson.

It's the closest Mark Geragos has come to saying who did it, but many legal analysts considered it a risky reach -- and a less-than-riveting culmination of a surprisingly lackluster defense case. The lawyer who had been universally praised for his blistering cross-examinations of prosecution witnesses seemed to come up short, they said, both by failing to deliver on the promises he made during his opening statement and on his own power of personality........

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Peterson lawyer called 'huge disappointment' as defense rests

After just six days of testimony, lawyers for Scott Peterson abruptly rested their case this morning, prompting legal observers to question the effectiveness of the defense strategy.

The move to rest came as surprise to both jurors and courtroom observers who had been told Monday that defense attorney Mark Geragos planned to resume his questioning of a Modesto police officer and then call two more witnesses. Those witnesses never materialized.

One of them was expected to be nationally recognized criminologist Henry Lee, who was a critical witness during the O.J. Simpson trial.

Instead, when court began today, it was Modesto police officer Michael Hicks in the witness chair and prosecutor Birgit Fladager doing the questioning on cross examination.......

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Scott Peterson's defense rests case after calling 14 witnesses

REDWOOD CITY, Calif. — Scott Peterson's lawyers rested their case Tuesday after presenting a six-day, 14-witness defense that legal observers called surprisingly weak.

The 32-year-old Peterson, who is facing the death penalty for the murders of his pregnant wife, Laci, and unborn son, opted not to take the stand in his own defense and sat stoically as Judge Alfred Delucchi informed the jurors that the defense had completed its case barring the "outside chance" of an additional witness.

Seven or eight rebuttal witnesses will testify for the prosecution Wednesday afternoon and then the jury will hear closing arguments beginning Monday, the judge said. They could start deliberations as early as Nov. 3.

The final witness was a police officer who investigated a burglary at the home of a neighbor of the Petersons on Dec. 26, 2002 — two days after Laci Peterson's disappearance. Two men confessed to the burglary but said they were not involved in her disappearance.

Story continues .......

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Developments Tuesday in the Scott Peterson case

WHAT'S NEXT:

Prosecutors will offer their rebuttal Wednesday. It is unclear what witnesses will testify because the list is sealed and attorneys are bound by a gag order.........

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Peterson defense team rests; Prosecutors to begin rebuttal

REDWOOD CITY, Calif. - When Mark Geragos gave his opening statement nearly five months ago he made a bold promise that he could prove Scott Peterson didn't kill his pregnant wife because the fetus she carried was born alive after she vanished.

Geragos rested his case Tuesday with legal experts agreeing that he fell far short.

"The defense case was a huge disappointment," said trial watcher and former prosecutor Dean Johnson. "None of the promises made by (defense lawyer) Mark Geragos during opening statements have been fulfilled.....

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Scott Peterson's defense rests
Closing arguments set for Monday

REDWOOD CITY, California (AP) -- Scott Peterson's lawyers rested their case Tuesday without calling the former fertilizer salesman to testify on charges he killed his pregnant wife and dumped her body in San Francisco Bay.

The defense called just 14 witnesses over six days -- a fraction of how long it took prosecutors to complete their case. Some legal experts were surprised by the length of the defense case, and called it a disappointing and potentially "dangerous" strategy.

"The defense case was a huge disappointment," said trial watcher and former prosecutor Dean Johnson. "None of the promises made by (defense lawyer) Mark ........

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Peterson Defense Rests Case

REDWOOD CITY, Calif. — Scott Peterson's (search) defense lawyers rested their case Tuesday without calling him to the stand, taking a fraction of the time spent in the prosecution phase.

Judge Alfred A. Delucchi (search) told jurors the prosecution would call eight rebuttal witnesses Wednesday. After any defense rebuttal to that, the court will be off until Monday, when closing arguments are set to begin.

The jury should get the case by Nov. 3, Delucchi said......

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Defense comes to roaring halt
Geragos' quick ending startles court observers, 'disappointment' for one

REDWOOD CITY — Scott Peterson's defense abruptly rested its case Tuesday without calling two scheduled witnesses. The quick end to a defense that stretched over portions of six days had legal observers questioning its impact, with one calling it a "disappointment."

"I think the jury probably expected more," said another analyst, University of San Francisco law Professor Robert Talbot. "The jury, I think, would have expected a dramatic ending. I expected a dramatic ending."

Instead, the defense rested after 14 minutes of testimony from Modesto police officer Mike Hicks, who investigated a burglary across the street from the Peterson home about the time of Laci Peterson's Christmas Eve 2002 disappearance. Hicks began his testimony Monday.

Prosecutors are scheduled to put on witnesses this afternoon to rebut defense contentions, paving the way for closing arguments Monday and Tuesday.

Judge Alfred Delucchi said Monday the defense had two other witness to call. Sources indicated that the remaining names on the list were renowned criminalist Henry Lee and Peterson friend Aaron Fritz.........

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RECAP ARTICLE ((I think the DA just might call this capper. But this might be a Geragos setup!!))

Man says burglary unrelated to deaths
Laci Peterson was missing before safe stolen, getaway driver claims in interview

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The Peterson File

TODAY

Testimony from eight rebuttal witnesses is expected to wrap up quickly.
THURSDAY

No court session scheduled.
FRIDAY

Open hearing to discuss ground rules for judge's instructions to jurors.
NEXT WEEK

Closing statements from both sides lasting about three days total, followed by about an hour of jury instructions. Jurors then will be sequestered until they produce a verdict......

another snip it:

"Burglars don't run in the front door. They usually go in the back." — Hicks, to defense attorney Mark Geragos, drawing laughter

"It seemed that these were the least efficient burglars in the history of the world." — law Professor Robert Talbot, questioning whether the men who broke into the home of the Petersons' neighbors were bright enough to abduct Laci Peterson without leaving a trace

"I think he blew up in (Geragos') face. Ever since then, the (defense) case has just kind of run out of steam." — former prosecutor Jim Hammer, about fertility expert Dr. Charles March, who testified Thursday for the defense
SEEN AND HEARD

Scott Peterson, dressed as usual in a conservative suit, showed no emotion when Geragos said, "This is going to be my last witness." The judge had told jurors that Geragos would call two additional witnesses, who evidently were scratched.

1 posted on 10/27/2004 5:36:55 AM PDT by runningbear
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To: Rheo; Mystery Y; Searching4Justice; brneyedgirl; Scupoli; sissyjane; TexKat; Lanza; Mrs.Liberty; ...

PINGING....for today's rebuttal hearing this afternoon.....


2 posted on 10/27/2004 5:37:49 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: truthkeeper; BobFromNJ; WestCoastGal; Sunshine55; Yaelle; madison10; Devil_Anse; nycgal; ...

PINGING....for today's rebuttal hearing this afternoon.....


3 posted on 10/27/2004 5:38:09 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: melodie; BlondieTx; I. Ben Hurt; Lauratealeaf; RightWingMama; DreamWeaver; The Other Harry; ...

PINGING....for today's rebuttal hearing this afternoon.....


4 posted on 10/27/2004 5:38:30 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
What happened to the VAN, SKEETER and DIRTY and the SATANIC CULT that Garagos told us about in the beginning?
5 posted on 10/27/2004 5:40:34 AM PDT by SheLion (PLEASE vote! We can't afford to be silent!!!! Do we really want FnKerry to run our Country?!)
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To: SheLion

it didn't fit, so scott is not acquit! ....LOL...


6 posted on 10/27/2004 5:50:07 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
it didn't fit, so scott is not acquit! ....LOL...

Heheh! I wonder how Scott slept last night, knowing his attorney screwed him good?

7 posted on 10/27/2004 5:51:18 AM PDT by SheLion (PLEASE vote! We can't afford to be silent!!!! Do we really want FnKerry to run our Country?!)
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To: SheLion
I haven't been on the Peterson threads, but after watching Court TV about Geragos' defense, I thought, "that's it?"

In addition to your list, where's the brown van? Where are the experts that said Connor was alive for days, if not months, after Laci was killed (I'm discounting the only "expert" Geragos put on)? And who on the jury is going to give any weight to the testimony of Peterson's parents? What a flop this defense has been.

8 posted on 10/27/2004 5:52:06 AM PDT by Catspaw
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To: runningbear
"I think he blew up in (Geragos') face. Ever since then, the (defense) case has just kind of run out of steam." — former prosecutor Jim Hammer, about fertility expert Dr. Charles March, who testified Thursday for the defense

That expert witness for the defense, March, was by all accounts a disaster. The Court TV lawyers were saying that Geragos should have grilled March before his court testimony and been aware that his expert wasn't all that certain. And if he couldn't prove that baby Conner was born alive and was quite probably killed when his mother died, then what was Geragos going to say?

9 posted on 10/27/2004 5:53:54 AM PDT by xJones
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To: Catspaw
In addition to your list, where's the brown van? Where are the experts that said Connor was alive for days, if not months, after Laci was killed (I'm discounting the only "expert" Geragos put on)? And who on the jury is going to give any weight to the testimony of Peterson's parents? What a flop this defense has been.

Exactly. And here we have the media ........ again......holding Garagos up to be one tough attorney. Well, he didn't prove anything to 'me.'

10 posted on 10/27/2004 5:54:19 AM PDT by SheLion (PLEASE vote! We can't afford to be silent!!!! Do we really want FnKerry to run our Country?!)
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To: xJones

agree.....


11 posted on 10/27/2004 5:55:02 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear

Thanks for the ping RB & hello everyone! I've been trying to keep up and your pings are very helpful. The defense has rested???? What about all of the people who saw her walking in the park? What about the "real" killers? What about all of the girlfriends who will say that Scott commonly used "I lost my wife" as a pick up line? What about the witnesses who will prove that the baby lived long past Dec. 24th and was born alive? What about the woman who saw Laci at the warehouse?


12 posted on 10/27/2004 5:55:23 AM PDT by drjulie
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To: SheLion

Lawyer and client deserve each other.


13 posted on 10/27/2004 5:55:43 AM PDT by mewzilla
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To: SheLion
not sure but reading this, he must be sweating some...;o)

Peterson Trial Notes

Snip it:

"Court is not starting until 12:30 Wednesday afternoon. The prosecution is scheduled to present 8 witnesses for its rebuttal case. It's only expected to last a few hours. The defense will then have a chance for its own rebuttal case. The judge says closing arguments are still on track to begin next Monday with jury deliberations beginning next Wednesday"......

14 posted on 10/27/2004 5:56:46 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
Well, it's just like the witness said when he testified contrary to what the lawyer expected . . .

"Before, we was just talkin'. Now I'm swearin'."

Won't be the first time.

They didn't dare put Peterson on the stand (he might as well have Bad Witness tattooed on his forehead), and if the other witnesses didn't pan out, they're just stuck.

Maybe Geragos is hoping the jury forgot what he promised? But the prosecutor is bound to bring it up in closing. Not sure of the CA rules, but I believe since Geragos did present some evidence he lost the right to open and close final argument.

15 posted on 10/27/2004 5:58:08 AM PDT by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: Constitution Day

Scotty, Objects in Mirror are Closer than they Appear.

16 posted on 10/27/2004 5:58:23 AM PDT by Tijeras_Slim (I want to have fanatical henchmen when I grow up.)
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To: drjulie

Dr March...'give me some slack!".....lol... they broke down when the DA crossed examined them.... Now, lets see on rebuttal.....


17 posted on 10/27/2004 5:59:30 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
BTW, did Geragos actually "swear" that he was going to prove thus and so?

Big mistake if he actually said it. The judge charges the jury that what the lawyers say is not evidence . . . and if he didn't pay off it looks bad. The furthest anybody ought to go is "We expect the evidence to show" . . . and then only if you have that witness nailed down with affidavits and/or deposition testimony.

But then again, when I practiced law I was a civil side defense lawyer. We're notorious for being (1) nit-pickers (2) the opposite of flamboyant.

18 posted on 10/27/2004 6:00:41 AM PDT by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: runningbear
I think what happened is that the Peterson family ran out of money. They supposedly had all of these expert witnesses waiting in the wings.
19 posted on 10/27/2004 6:01:03 AM PDT by BattleBorn (Still Boycotting CBS and now ABC.)
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To: Tijeras_Slim
Time to break out an old Zot pic I found...


20 posted on 10/27/2004 6:02:01 AM PDT by Constitution Day (Kerrorist: "you peopole just want kerry to shut up because you"re to stupid to defend yourselfs")
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