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Defense team set
The Modesto Bee ^ | Published: April 23, 2003, 06:26:41 PM PDT | John Cote'

Posted on 04/24/2003 5:39:56 AM PDT by runningbear

Defense team set


Jackie and Lee Peterson make their way through TV cameras and news people after visiting their son Scott Peterson at the Stanislaus County Jail on Tuesday evening. Deputies cleared the visiting room for the 30-minute visit.
BOB PETERSON


Flowers and other tributes have multiplied at the Covena Avenue home Scott and Laci Peterson shared.
AL GOLUB/THE BEE

EXCERPTED:

Defense team set

By JOHN COTÉ
BEE STAFF WRITER

Published: April 23, 2003, 06:26:41 PM PDT

Stanislaus County Public Defender Tim Bazar said Tuesday that he and two assistants are handling Scott Peterson's case.

Veteran attorneys Kent Faulkner and Maureen Keller are joining the defense team, Bazar said.

Bazar visited Peterson, 30, Tuesday morning in the downtown Modesto jail, where he is being held without bail.

Bazar said later that he expected prosecutors to begin turning evidence over to the defense by the end of the week.

District Attorney James Brazelton has not announced who will prosecute the case.

Scott Peterson is charged with two counts of murder in the deaths of his wife, Laci, and their unborn son, Conner. Prosecutors allege that both killings were premeditated.

Peterson also faces a special circumstance because the case involves more than one murder. A finding of guilt in one or more special circumstances is necessary for the death penalty to apply.

The district attorney's office had not decided Tuesday whether to seek the death penalty, a spokeswoman said.

"It's still being discussed," Assistant District Attorney Carol Shipley said.

Peterson is next scheduled to appear in court May 6 for a bail hearing.

Under California law, defendants accused of capital murder are not eligible for bail if the presumption of guilt is "great."

When considering bail, judges are required to weigh public safety, the seriousness of the charge, the defendant's criminal record, and his or her probabil-ity of appearing at trial.

To secure bail for Peterson, the defense would have to success-fully counter prosecution arguments on those issues, Shipley said.

Stanislaus County's guideline of suggested bail amounts recommends no bail for accused murderers.

Shipley said during the past 12 years she did not know of any Stanislaus County judge setting bail for a defendant accused of capital murder.

Scott Peterson's parents, sister and sister-in-law visited him Tuesday, his fourth day in jail, Sheriff's Department spokesman Kelly Huston said.

Deputies cleared the visiting room for the family's 30-minute visit at 5:30 p.m.

"There's a lot of opportunists who want to go in and listen in on their conversation," Huston said. "Somebody could walk in off the street and listen."

A clutch of reporters has remained in front of the jail much of the time since Peterson was booked early Saturday.

The national media attention to the case prompted speculation that the defense would seek to have the trial moved to another county.

Modesto Mayor Carmen Sabatino said Monday that he did not think Peterson would be able to get a fair trial in Modesto.

Bazar declined to comment on Sabatino's assessment but said he was considering asking for a move.

"It's something we'll be looking into at the appropriate time," Bazar said. "There's been a tremendous amount of public-ity."

Brazelton has said he would oppose a motion to move the trial.

DA would "absolutely" pursue death penalty against Peterson


Stanislaus County District Attorney James Brazelton, center, said that he would 'absolutely' pursue the death penalty against Scott Peterson during a taping of The John Walsh Show Wednesday in downtown Modesto. Modesto Police Chief Roy Wasden is pictured at right, Walsh is at left.
Al Golub/The Modesto Bee

DA would "absolutely" pursue death penalty against Peterson

By JOHN COTÉ
BEE STAFF WRITER

Published: April 23, 2003, 06:39:51 PM PDT

Stanislaus County District Attorney James Brazelton said Wednesday that he would “absolutely” pursue the death penalty against Scott Peterson.

His comment came in response to a question from John Walsh during a videotaping of “The John Walsh Show,” on the topic of the slayings of Peterson’s wife, Laci, and their unborn son, Conner. Walsh taped the program in downtown Modesto.

After the taping, Brazelton said his comments reflected his opinion and were not an official announcement that his office had decided to seek the death penalty.

“In my opinion, this is the type of case that cries out for death penalty consideration,” Brazelton said. “If it was just my decision, I would no doubt seek the death penalty.”

Brazelton said that determination would still be made by a committee of trial attorneys in his office, and only after consulting Laci Peterson’s family.

“We don’t make that decision without their input,” Brazelton said. Scott Peterson, 30, pleaded not guilty Monday to two counts of murder in the slayings of his wife and unborn son.

His 27-year-old wife was eight months pregnant when she was reported missing Christmas Eve. Her and Conner’s badly decomposed bodies were found last week along the eastern shoreline of San Francisco Bay.

Bee staff writer John Cote can be reached at 578-2330 or jcote@modbee.com

Peterson case Fox's most-watched

Excerpted:

Peterson case Fox's most-watched

By BRIAN LOWRY
LOS ANGELES TIMES

Published: April 23, 2003, 08:48:56 AM PDT

HOLLYWOOD -- As further proof that TV viewers' attention to events in Iraq is waning, cable news viewing continued its steady decline last week, with the combined audience for Fox News Channel, CNN and MSNBC slipping more than 30 percent from the previous week. Last week's most-watched single program on cable, at just more than 5 million viewers, was Fox News' Friday coverage relating to slain Modesto woman Laci Peterson, including the arrest of her alleged killer, husband Scott Peterson -- the sort of sensational domestic story temporarily shelved during the war.

All three channels remain well above year-ago levels, with Fox News' talk lineup -- averaging 3.1 million viewers in prime time -- faring best in retaining audience to stay the most-watched cable channel, a title it has held since the war began five weeks ago.

CNN, meanwhile, averaged 1.8 million viewers to drop behind sister AOL Time Warner entertainment channels TNT and the Cartoon Network, as well as Nickelodeon and USA, which received a boost from the miniseries "Helen of Troy."

Similarly, MSNBC fell to less than 1 million viewers. The network -- which has struggled in its attempt to counter Fox News in the talk arena -- is hoping to become more competitive by hanging on to some of those drawn to cable news during the war.

By comparison, the network evening newscasts experienced a less pronounced decline that officials attribute in part to the advent of daylight-saving time. "NBC Nightly News" averaged 9.8 million viewers last week, vs. 8.6 million and 7.1 million for "ABC World News Tonight" and "The CBS Evening News," respectively.

Fox News' "The O'Reilly Factor" has cooled as well but remains cable's most popular daily news offering, averaging 4 million viewers last week. The News Corp.-owned news channel slipped behind The WB and UPN broadcast networks in average prime-time viewership for the first time since the war in Iraq commenced.

Throwing this incident in the mix of another fatal shooting by the MPD: an FYI

Man killed in police shootoutExcerpted:


Paramedics attend to shooting victim at Oregon Park Tuesday. ADRIAN MENDOZA/THE BEE

Man killed in police shootout

By TY PHILLIPS
BEE STAFF WRITER

Published: April 23, 2003, 09:53:49 AM PDT

Two Modesto police officers shot and killed a 22-year-old man Tuesday night after he pulled a gun out of his waistband, police said.

The shooting happened about 7:45 p.m. at Oregon Drive and Empire Avenue in south Modesto.

Aguilar Eustolio was pronounced dead at a Modesto-area hospital a short time later, police spokesman Chris Fuzie said.

The two officers, whose names were not released, are veterans and members of the Police Department's gang unit, Fuzie said. Neither was injured.

Eustolio was the second man Modesto police have killed in the past six days.

Thursday, police killed Earl Foster Jr. in a late-night shootout at a College Avenue shopping center. Foster, 40, had been wanted for executing a Pittsburg police detective, police said.

Prior to Tuesday night's shooting, the two officers were driving a marked patrol car near Oregon Park when they spotted two men standing at Oregon and Empire, Fuzie said.

The men were dressed entirely in red, Fuzie said. The officers parked near the corner and got out of their car.

"As they started to approach the guys, they noticed one of them (Eustolio) had a bulge in the back (of his clothes)," Fuzie said. "They gave him verbal commands. I don't know exactly what they said, but usually it's things like, 'Show me your hands' or 'Keep your hands where I can see them.'"

The officers asked the men if either had any weapons. One of the men, whose name was not released, told the officers he did not, Fuzie said.

But Eustolio did not say a word, Fuzie said.

"He just stood there not saying anything for a moment," Fuzie said. "Then he kind of turned around and looked and up and down the street. Then he lifted up his shirt with one hand and grabbed the gun with the other hand.

"He started to bring it up toward the officers. That's when both officers drew and fired on him. In that scenario, they're trained to react. They're not just going to stand there."

Fuzie said he didn't know how many shots the officers fired, how many bullets hit Eustolio or where they hit him. Eustolio did not fire his .357-caliber revolver, Fuzie said.


PHOTO EXCLUSIVE:
In this photo from 1991, accused double-murderer Scott Peterson sports a jock look as a golf-team member in his senior year at University HS in San Diego.
- John Lyons/ZUMA Press

Excerpted:

PETERSON'S PREPPIE SCHOOL DAYS

PETERSON'S PREPPIE SCHOOL DAYS

By DAVID K. LI and HOWARD BREUER

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

April 24, 2003 -- Here's Scott Peterson as you've never seen him before - a swaggering high school senior and star of his varsity golf team. Peterson, charged with murdering his pregnant wife, Laci, was the top duffer at University HS in San Diego.

This photo, taken 12 years ago, shows the once-talented and popular Peterson putting around during after-school practice.

Among his teammates at the school was Phil Mickelson, now a top professional golfer.

Peterson's confident and cocky stance in 1991 is eerily reminiscent of the way he carried on last week as he insisted he had nothing to do with the death of his 27-year-old wife, who was last seen on Christmas Eve.

He was arrested after her headless body and the fetus of her unborn son Connor were found on the shores of San Francisco Bay. He pleaded innocent on Monday.

Meanwhile, District Attorney James Brazelton said if Laci's family agrees he will seek the death penalty.

"I owe it to Laci, Connor, the community and especially the family to seek the ultimate punishment in this case," he said.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; US: California
KEYWORDS: avoidanceof; avoidingalimony; avoidingchildsupport; capitalpunishment; childsupport; conner; deathpenaltytime; getarope; getawaywithit; guilty; killerhusbands; killyerwife; laci; lacipeterson; peterson; sonkiller; sweetgirl; sweetwife; whatasweetgirl; wifekiller
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More to come...
1 posted on 04/24/2003 5:39:57 AM PDT by runningbear
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To: runningbear; Rheo; spectre; Jaded; Mystery Y; Searching4Justice; brneyedgirl; Scupoli; sissyjane; ..
Pinging.....
2 posted on 04/24/2003 5:42:01 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
I don't expect Scott to get bail. And if it takes two years to finish the trial, that's two years in the slammer for him to acquire a pasty white prison pallor.
3 posted on 04/24/2003 5:56:24 AM PDT by wimpycat ('Nemo me impune lacessit')
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To: runningbear
This is good news: Thursday, police killed Earl Foster Jr. in a late-night shootout at a College Avenue shopping center. Foster, 40, had been wanted for executing a Pittsburg police detective, police said.

Sounds like the Modesto Police have been well trained and know exactly what to do when a Goron/Davis voter pulls a gun on them.

4 posted on 04/24/2003 5:56:25 AM PDT by Grampa Dave (Being a Monthly Donor to Free Republic is the Right Thing to do!)
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To: Grampa Dave
LOL... guess you can look at in two ways, they take no prisoners, or it is them, not us....
5 posted on 04/24/2003 6:00:19 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: wimpycat
and he will be seeking the real killer just like OJ... ;o)
6 posted on 04/24/2003 6:01:23 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
These are the best outcomes. No prisoners which the left wing lawyers will defend to your last tax $, and these dangerous killers are unable to kill again.

That cop killer will never kill another cop. Also, the city and county will not spend millions on defense lawyers lying to protect the worse in America. Then we as state tax payers will not spend the million $'s/ year on lawyers that it costs us for each killer on death row.
7 posted on 04/24/2003 6:04:25 AM PDT by Grampa Dave (Being a Monthly Donor to Free Republic is the Right Thing to do!)
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To: runningbear
John Walsh Show today topic: Laci Peterson
http://www.johnwalsh.tv/html/topics/today.html

also

ABC Primetime Live tonight topic: Laci's friends speak out.

This morning on Good Morning America, it was stated that "sources" have told GMA that quite a bit of the evidence against Scott is on taped conversations between Scott and Amber.
8 posted on 04/24/2003 6:04:35 AM PDT by Velveeta (Thanks, RB)
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To: Grampa Dave
2 Suspects Killed By Modesto Police In Last Week
Police: No Use Of Excessive Force

2 Suspects Killed By Modesto Police In Last Week
Police: No Use Of Excessive Force

POSTED: 4:31 p.m. PDT April 23, 2003
UPDATED: 5:09 p.m. PDT April 23, 2003

MODESTO, Calif. -- Modesto police officers have been involved two deadly shootings in the past week, leaving some to wonder if officers are using excessive force.

Last week, Earl Foster Jr., a parolee wanted for questioning in connection with the shooting death of a Pittsburg officer, died in a gun battle with officers at College and Bowen avenues.

Eustolio Aguilar was killed late Tuesday when two gang unit officers opened fire in east Modesto.

"We had two officers who were responding to a life or death situation. Their main concern was to get out of that situation alive," Modesto Police Detective Denis Holmes said.

Officers stopped to talk to Aguilar and another man. Police said when then men were asked if they had any weapons, Aguilar didn't answer.

"With almost his back to the officers and turned around at this time, he raised up his shirt, reached in, and pulled out what we subsequently discovered to be a .356 revolver," Holmes said.

Police officials said the two shootings do not mean officers are using excessive force.

"I don't think there's any correlation. Last week was all just reacting to a call for help. Last night was a completely different situation," Modesto Police Sgt. Chris Fuzie said.

Both officers involved in Tuesday night's shooting are on administrative leave.

The Stanislaus County Disrtict Attorney's Office will review the case to determine if the shooting was justified.

9 posted on 04/24/2003 6:04:57 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
Poor illegal alien, he couldn't afford a 357, "With almost his back to the officers and turned around at this time, he raised up his shirt, reached in, and pulled out what we subsequently discovered to be a .356 revolver,"
10 posted on 04/24/2003 6:12:45 AM PDT by Grampa Dave (Being a Monthly Donor to Free Republic is the Right Thing to do!)
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To: runningbear
Morning, rb. Thanks for the ping. Read somewhere that Laci and baby won't be released to the family for another week or so. Hope they haven't issued a Death Certificate yet. Don't they usually exhaust all efforts to establish cause of death before issuing the DC? I think the Petersons are poised to move on the house as soon as the DC is filed.
11 posted on 04/24/2003 6:14:39 AM PDT by RGSpincich
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To: Velveeta
This morning on Good Morning America, it was stated that "sources" have told GMA that quite a bit of the evidence against Scott is on taped conversations between Scott and Amber.

That's interesting. One of the tabloids (I know, I know)did say that the police got her permission to tape their conversations.

12 posted on 04/24/2003 6:15:38 AM PDT by BunnySlippers
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To: Grampa Dave
one last LEO follow up from last week.

Officers Gather to Honor Slain Pittsburg Detective
Detective's Cousin Describes Giacomelli As Devoted Family Man

Officers Gather to Honor Slain Pittsburg Detective
Detective's Cousin Describes Giacomelli As Devoted Family Man

POSTED: 12:19 p.m. PDT April 21, 2003
UPDATED: 12:23 p.m. PDT April 21, 2003

PITTSBURG, Calif. -- Hundreds of law enforcement officers gathered in Pittsburg Monday to pay their final respects to Inspector Ray Giacomelli -- a homicide detective killed in the line of duty last week.

Giacomelli, 46, was shot and killed Tuesday in a home on Abbott Avenue as he was investigating a recent murder.

A funeral Mass celebrating the detective's life and career started at noon at the Church of the Good Shepherd.

Giacomelli's cousin Ralph Hernandez read a prepared statement to reporters Monday morning in which he expressed the family's gratitude for the support it has received. He described his cousin as a devoted family man and dedicated law enforcement officer.

"He found joy and pleasure in serving the people as their police officer, sincerely trying to do his best and to be there for everybody," Hernandez said. "Although our loss and hurt will never go away, we know that Ray is with all of us in many other ways."

California Highway Patrol Commissioner Spike Helmick, whose own brother was killed in the line of duty about 15 years ago, said Giacomelli died while working to make his community safer.

"He gave the ultimate, which is his own life," Helmick said. "I don't think you can say anything higher about a person."

Giacomelli was found dead in a home belonging to Earl Foster Jr. Foster was wanted for questioning in connection with Giacomelli's death when he was killed Thursday in a shootout with law enforcement officers in Modesto.

Authorities said Foster opened fire on officers when they attempted to make contact with him.

Ray Giacomelli

13 posted on 04/24/2003 6:16:45 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: RGSpincich
I heard that too, but pending all test to be done before hand...
14 posted on 04/24/2003 6:17:28 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
Funny, but when I see him in that pic playing golf, the first thing I think of is Eddie Haskell...
15 posted on 04/24/2003 6:44:35 AM PDT by Sunshine55 (Wacky Jackie and Loony Lee will be named accomplices before this is all over)
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To: runningbear
Thankd RB. I saw on another forum that Entertainment Weekly has some new pictures of Scott and Amber that were on TV last night. Does anyone know if they are posted on the web anywhere? One of them was taken from the back seat of a car, another had Scott with his arms around her. Uggh.
16 posted on 04/24/2003 6:45:47 AM PDT by HoHoeHeaux
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To: All
~FOR THOSE OF US WHO HAVE FAILING MEMORIES (like myself!!)..A CHEAT SHEET~ (I think it was Howlin who came up with the idea of needing help for those of us who are getting forgetful..heh heh)

Deceptions and lies, part 1

... will add to is as we find new info.

17 posted on 04/24/2003 6:49:25 AM PDT by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: All
AMBER DENIES MAKING PHONECALL

Click
Amber Frey, 28, has not talked publicly since appearing at a news conference with Modesto police in January, although she has been offered $100,000 to tell her story.

``Amber called me this morning at 5:30 and said she didn't sleep all night,'' Frey said. ``She said people are reporting that she talked to Laci the night before Christmas Eve. It just upset her.''

Frey, who said he has been ``a buffer for Amber'' against the onslaught of media requests, said, ``All she did was come forward. She was a good kid to come forward. Now just because she doesn't want to give interviews or talk, they're making stuff up.''

18 posted on 04/24/2003 6:52:41 AM PDT by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: runningbear
Just saw this one, too:

Modbee.com

Peterson pets in good hands


By PATRICK GIBLIN
and JULISSA McKINNON
BEE STAFF WRITER

Scott and Laci Peterson's dog, mentioned frequently in news accounts about Laci's disappearance, is with Scott's family in San Diego.

And Scott and Laci's cats are about to be adopted by a friend of Laci's in Modesto.

This information, provided by Laci's friends, answers public questions about what happened to the golden retriever and two cats.

"There's a lot of concern about the welfare of those animals," Mike Rodriguez, director of Stanislaus County Animal Services, said Thursday. "I've received four calls just today. I've heard from people across the country about that."

Scott Peterson, arrested late last week in the slaying of his wife and unborn son, Conner, told Modesto police Christmas Eve that he last saw his wife at 9:30 a.m. that day as he left on a fishing trip and she prepared to go for a walk with McKenzie, their dog.

An hour later, a neighbor found the dog -- with muddy leash attached -- wandering in the neighborhood. She put the dog in the Petersons' yard, not thinking that anything was amiss.

Terri Western, a friend of Laci Peterson's family, said Wednesday: "I know the dog is safe with one of Scott's relatives."

She said McKenzie went to either a sister or brother of Scott Peterson's in Southern California. Calls to his family were not returned Wednesday.

Scott and Laci's cats are adult Siamese mixes named Siam and Gracie.

In February, when police went to search the Petersons' home a second time, Scott Peterson gave officers a bag of cat food as he left.

After that, Lori Ellsworth said, she stopped by her friend Laci's house at least every other day to feed the cats.

She said a growing brood of cats started showing up for the evening feeds on Covena Avenue. The city started to receive calls about all the cats, and animal control officers responded by setting traps -- but they did not catch any of the felines.

Tuesday night, Laci's friends captured Siam and Gracie.

The friends had gone to the Petersons' home for their ritual gathering of stuffed animals -- left at a memorial on the front lawn -- to be turned over to the Children's Crisis Center. Then the friends turned their attention to Siam and Gracie.

Lissa Loeffler said she coaxed them from under a bush with a bit of food, and trapped them in a covered wicker basket.

Rene Tomlinson said the cats were at a veterinarian's office Wednesday night to be checked out. Ellsworth said the cats would be released today to yet another friend, Stacey Boyers.

She will give the cats an indoor home and regular meals, the kind of care that Laci always provided, Ellsworth said.

Bee staff writer Patrick Giblin can be reached at 578-2347 or pgiblin@modbee.com.

Bee staff writer Julissa McKinnon can be reached at 578-2324 or jmckinnon@modbee.com.



Posted on 04/24/03 05:40:13
http://www.modbee.com/local/story/6605770p-7545046c.html
19 posted on 04/24/2003 6:53:15 AM PDT by CheneyChick
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To: CheneyChick
Thanks for the pet update.. Glad they are in good hands.. ;o)
20 posted on 04/24/2003 6:54:38 AM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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