Peterson eyes lawyer switch

Scott Peterson's cell at the Stanislaus County Jail is exactly like this one, with only a bed and simple lavatory facilities. A communal television set is located outside the cells.
KELLY HUSTON

A hearing is scheduled Friday on a change of defense attorneys for Scott Peterson, who is charged with murdering his wife and unborn son, according to a judge's order filed Wednesday.

"I would definitely say I'm leaning toward helping him," Geragos said Wednesday on CNN's "Larry King Live" program. "I'm going to sleep on it tonight and I'll make the decision (today)."

Peterson, who faces the death penalty in the Modesto murder case, is now being represented by the Stanislaus County public defender's office.

Geragos confirmed on the CNN program that he met with Peterson and representatives of the public defender's office Tuesday in Modesto.

"I was tremendously impressed by Scott," Geragos said. "I don't think there's any doubt that I believe in him."

Jackie Peterson, Scott Peterson's mother, said late Wednesday that the family was waiting to hear if Geragos would take the case. "I'm hopeful," she said. "I would be thrilled."

It remained unclear who would pay for Geragos' bill, or if he would take the case for free. Jackie Peterson said the financial arrangement is part of what is being worked out.

Peterson has pleaded not guilty in the killings of his wife, Laci, and their son, Conner. Laci Peterson was 27 and eight months pregnant when she disappeared from their home around Christmas Eve.

People walking along the eastern shore of San Francisco Bay came across the bodies April 13 and 14. The remains were found several miles from where Peterson, 30, said he went fishing on Dec. 24.

Peterson's first attorney, Kirk McAllister of Modesto, appearing on NBC Television's "Dateline" Wednesday night, continued to defend his former client. McAllister said he conducted his own investigation for more than three months and developed evidence to support Peterson.

He has asked for information about applying for a pass to attend a funeral or memorial service, but had not requested such a pass as of Wednesday, Assistant Sheriff Myron Larson said.

Officials with the Sheriff's Department said requests to attend funerals and memorial services are considered on a case-by-case basis.

Sheriff Les Weidman said he would not approve a request by Peterson to attend a Sunday memorial service planned by Laci Peterson's family. The service is open to the public.

"Scott is not a member of the public," the sheriff said. "He is an inmate in the county jail, charged with capital murder, and he is going to stay put."

Jackie Peterson, speaking from her San Diego County home, said no one from her family would be attending, and that she had informed Laci Peterson's mother, Sharon Rocha.

"We are not attending because we want her to have a peaceful, dignified memorial and not a circus," said Jackie Peterson, referring to the added media commotion that would result if Scott's side of the family decided to attend.

"We will grieve in our own private way with Scott," she said. "Because we all loved Laci." She said the Peterson side of the family would participate in a private service at a later date.

Weidman said he might consider letting Peterson out of jail to attend a funeral. "We'll have to evaluate that when a formal date and a formal request is made," the sheriff said. "Until I get that, there's no way I'm going to make that decision."

The Contra Costa County coroner's office had not yet released the bodies, and a spokeswoman for Laci Peterson's family said no funeral plans had been made as of Wednesday.

If Peterson received a pass to attend a funeral, he would be required to pay for security costs, officials said. It typically costs $400 to $500 to have deputies escort prisoners to funerals, Larson said.

But the massive media coverage and public interest in the case would require additional security, officials said. Weidman would not speculate on how high those costs could run.

A bail review hearing for Peterson had been scheduled for Tuesday, but the defense asked for a postponement, according to an order issued Wednesday by Superior Court Judge Al Girolami. The same order put the change of attorney hearing on the judge's Friday morning calendar.

In some ways, Scott Peterson is like any other inmate at the Stanislaus County Jail. He gets three meals a day, a shower every other day and can make collect telephone calls.

Like almost all murder defendants, he is being held in maximum security, which means he is isolated from other prisoners.

And, like all other maximum-security inmates, he has an escort of two deputies when going to and from court, and two deputies watching him when he gets exercise time -- alone -- on the roof of the downtown Modesto jail.

The usual cost for such upkeep is about $34,000 a year, and Peterson is expected to be in county custody for about two years.

But as much as he is like other prisoners, Peterson is different. He is charged with two counts of murder in the killings of his wife, Laci, and their unborn son, Conner.

Laci Peterson was eight months pregnant when she was reported missing Christmas Eve. Her husband helped in the search. And the whole nation watched.

The bodies washed ashore in San Francisco Bay just before mid-April, and Peterson's arrest in San Diego came a few days

later. A crowd of hundreds watched his midnight arrival at jail, and interest remains high among the public and media.

All of that makes it a high-profile case, and Peterson's court appearances more costly than usual.

For example, for his April 21 arraignment in Superior Court, the county brought in five extra sheriff's deputies to help with security screening at the courthouse entry and to control the crowd outside.

Peterson started out on what authorities called a safety watch, with deputies checking on him every 15 minutes -- twice the normal rate.

Tuesday, jailers started checking on Peterson every 30 minutes, just like other maximum- security inmates.

The biggest concern has been other inmates, which is why Peterson is in a cell by himself. The culture of people in jail and prison typically is hostile toward men accused or convicted of killing women.

"What is even worse to them is a charge of killing a child," said Myron Larson, assistant sheriff in charge of detention facilities.

Sheriff's Department spokesman Kelly Huston said, "We don't want to be put in a position where another inmate, a three-striker with nothing to lose, will want to try to harm Scott."

He is in a 6-by-9-foot cell. He can pull fiction or nonfiction selections from a book cart wheeled through the hall once a day. The jail has a phone cart that can be wheeled from cell to cell, for making collect calls; authorities can legally monitor the conversations.

Peterson is in a six-cell tier, and all the inmates can see a single television mounted in the hall.

Peterson has two 90-minute exercise periods a week on the rooftop, where he can walk, stretch or shoot a basketball.

He is entitled to two personal visits every seven days; his family used both last week and returned Tuesday.

Officials said he has declined more than 50 requests for interviews from the press.

The visitation limit does not apply to meetings with his attorneys. Once the prosecution shares evidence with the defense, Peterson could spend hours in a private room with attorneys going over documents, officials said.

Lee Peterson, after visiting his son last week, told reporters his son was having trouble breathing. Authorities were not sure what he meant.

http://www.cnn.com/TRANSCRIPTS/0304/30/lkl.00.html

KING: We are told that we have Lee Peterson on the phone. He is Scott Peterson's father. Are you there, Lee?

LEE PETERSON, SCOTT PETERSON'S FATHER: Yes, sir, Larry I sure am.

KING: How did it go with Mr. Geragos? He was on at the beginning of the show. He said he's sleeping on it and is going to make a decision tomorrow. What do you expect?

PETERSON: Well, we'll just have to see what he has to say. Larry, the reason I called, I'd like to address a question to Nancy.

KING: Go ahead.

PETERSON: Nancy Grace. Nancy, I've watched many programs, I don't like to watch them, but it kind of keeps me informed, and I can feel the public sentiment. And I just have to say, for some reason you seem to have a personal stake in this, a personal vendetta against my son and I do not understand it. When you come on and you state things about my son, it is so obvious that you are just caught up in this thing and there's no room for, you know, innocence until proven guilty. And I'm just appalled by that. I don't think that's your place to be a spokesman for -- for the district attorney, and to...

KING: Before she responds, Lee, are you hopeful that Mark Geragos takes the case?

PETERSON: Yes, I am. I am. Mark's a wonderful man. We met him twice.

KING: I know, it appears he's going to. All right, Nancy, how do you respond?

GRACE: Well, I respond like this, Larry -- in all the many, many cases that I prosecuted I felt that I not only represented the state, but as a crime victim of murder, the victim as well. I do not presume to be representing the DA's office. That would be highly presumptuous. I take the facts as I hear them and I apply the law as I know it. And after trying well over 100 felony trials before juries, it's my belief that there's a very strong case against Scott, but in response to his father's call, I know he may not believe it, but my heart goes out to him and the pain his family's having, but I am speaking on behalf of what I believe to be true, on behalf of Laci Peterson, neither against Scott, for Scott, for the state, against the state, but what I believe to be true regarding her murder.

PETERSON: Nancy, do you hear me?

KING: Yes, she can hear you.

PETERSON: You are speculating on these facts as much as I am...

GRACE: And you are believing what your son is telling you.

(CROSSTALK)

PETERSON: Please don't interrupt me. You've had your say here for months, and you've crucified my son on national media. And he's a wonderful man. You have no idea of his background and what a wonderful son and wonderful man he is. You have no knowledge of that and you sit there as a judge and jury, I guess, and you're convicting him on the national media, and you should be absolutely ashamed of yourself.

GRACE: Sir, I think he should be ashamed of himself, as whoever is responsible fro the death of Laci Peterson, and lashing out at me -- I completely understand where you're coming from. I am simply stating what has been leaked or what has been put in formal documents, and if you find them disturbing, I suggest you ask your son about some of them, sir.

PETERSON: There you go, Nancy. Look at this look on Nancy's face. You absolutely hate my son. I don't know what it is.

GRACE: No, I don't hate your son. I don't know your son.

PETERSON: You don't know my son, that's exactly right.

GRACE: But I hate what happened to Laci.

PETERSON: You should be...

GRACE: I hate what's happened to Laci.

(CROSSTALK)

KING: I assume, Lee, you hate what happened to Laci, too, don't you? Don't you? You loved Laci, didn't you, Lee?

PETERSON: Oh, absolutely. Laci was like a daughter to us. When we lived near them, we saw her every day. We loved her deeply as any of our daughters.

KING: Would you admit...

(CROSSTALK)

KING: Would you admit -- and Nancy may be (UNINTELLIGIBLE) at times, it's certainly the indications are that your -- if your son wasn't involved, he sure has acted differently, wouldn't you admit that, Lee?

PETERSON: Differently from what, Larry?

KING: Different from...

PETERSON: Is there a game plan that shows how you should act?

KING: No, I guess there isn't.

PETERSON: He's lost his wife. He's lost his baby. He's lost the support of his in-laws who loved him, who couldn't say enough about him the first couple of months, and then when this affair turns up they all turn against him.

KING: Do you think it was the affair that turned the people?

PETERSON: Absolutely.

KING: Nancy, Lee is saying no affair and there wouldn't be this national feeling that he did it.

GRACE: I disagree, and I'm basing this on the facts as I know them. It's the facts that -- they have been released, and I recall distinctly speaking with the Peterson family prior to the revelation of Amber Frey, and they swore up and down there were no marital problems, there were no affairs, because that is what Scott told them. In my mind, it ruined his credibility. This is not just lying about an affair. This is lying during a homicide investigation where your wife is the victim. And I don't mean to be harsh on you, sir, but these are the facts as I know them. Maybe they'll turn up different in court.

PETERSON: You don't have any facts. All you have is your anger and your speculation. I think you hate men.

(CROSSTALK)

KING: There are -- there are, Nancy. Nancy, there are no facts in this case, are there, Nancy?

(CROSSTALK)

GRACE: ... they have been reported, Larry.

(CROSSTALK)

GRACE: They're facts as they have been reported.

KING: Oh, that's different. Facts, an actual fact. It is not a fact until it's in evidence, right?

GRACE: Well, in a jury trial, of course.

KING: OK, so we don't know that there was cement on his boat, do we? We only know what the prior -- we only know what the prior owner stated, that he observed cement in the boat that was not there when he sold the boat.

KING: We also know a lady said she saw Laci walking with -- we don't know -- what facts do we know know?

PETERSON: Larry, may I address that?

KING: Yes.

PETERSON: That's Scott's boat in custody, and there you are, for two months, prior to calling the former owner. Now don't you think the police have made a thorough investigation and know exactly what's on the interior of that boat? And they get this former owner over, and he said, well, I see some powder in here. Well, I mean, how absurd can you be? The police know what that...

KING: Isn't one of the dangers we all face, Nancy, is that we do jump to conclusions?

PETERSON: Nancy is...

(CROSSTALK)

KING: Based on what's reported to us. We don't know know.

GRACE: Well, Larry, I mean, without a videotape of what went down on the 23rd or 24th, we will never know exactly what happened. But as a trial lawyer, I take facts as I know them, as they've been reported to me on the media, by witnesses, by news outlets, by leaks from the police, and we apply the law as we know it, and that is a conclusion that I've come up with. And Mr. Peterson, I understand you're angry, but if you want answers to these questions, ask Scott. You claim I don't know, you may be right. He's the only one that knows what happened that day.

PETERSON: I'm not angry about these facts that you seem to come up with. I'm angry about your position...

GRACE: I didn't come up with them, sir. Your son went on national TV and lied.

KING: All right, let's ask this way, if his son is innocent, his son doesn't know what happened that night.

Lee, how is your son?

PETERSON: He's hurting, Larry. He's lost a lot of weight. He looks terrible. He's in this jail where there's no natural sunlight. He gets out for exercise 45 minutes twice a week.

KING: We're running close on time. We are going to invite you to come in again, Lee. I will ask you this, though. Does he have a theory of the case?

PETERSON: Does he have -- yes, well, he believes she was snatched off the street, as we all do. That's why the dog was running around in the neighborhood.

KING: All right.

PETERSON: She was picked up by someone who -- I don't know -- an impulsive act, I suppose.

KING: We have run over. Lee, we are going to have you back on. I hope you'll agree to come back on. Nancy, we thank you very much.

PETERSON: Nancy, could I just say one more thing, Larry?

KING: Quickly.

PETERSON: Find a little room in your heart to -- for innocence, would you please? Don't -- don't convict him over the airwaves. Please. Thank you.

Peterson wants to hire noted lawyer

Posted on Thu, May. 01, 2003

Peterson wants to hire noted lawyer

By John Simerman
CONTRA COSTA TIMES

MARTINEZ -While coroner's officials dig deeper to resolve just when Laci Peterson and her unborn son were killed and dumped in the Bay, her husband wants a new lawyer to argue his innocence and stave off a death sentence.

Los Angeles defense attorney Mark Geragos reportedly will take on the double murder case after meeting this week with Scott Peterson and his public defenders.

Geragos has represented such high-profile clients as former Rep. Gary Condit, actors Robert Downey Jr. and Winona Ryder, and Whitewater figure Susan McDougal, Bill Clinton's former business partner.

On Wednesday, Stanislaus County Superior Court Judge Al Girolami set a court date for Friday morning to hear Peterson's request for a new lawyer and to hold a bail hearing that was originally scheduled for next week. The Stanislaus County Public Defender's Office declined to discuss the issue Wednesday, but said there would be an announcement Friday.

Prosecutors allege that Scott Peterson killed Laci at their Modesto home Dec. 23 or Christmas Eve, the day he has claimed he went fishing in the Bay and returned to find her gone. Stanislaus County District Attorney James Brazelton has not revealed theories on the killing or a motive, but said last week he will seek the death penalty.

Geragos did not return calls from the Times on Wednesday. He has been a frequent legal commentator on television, lately offering his views on the Peterson case.

Geragos appeared on CNN on Monday, arguing that Brazelton was too quick to opt for the death penalty. He also urged restraint from mounting speculation and rumors in the case. "I have a real problem with convicting this guy in the media," he said.

It is not clear whether Peterson's new attorney will take on the case pro bono, assuming the judge approves the switch. Peterson asked for a public defender when he pleaded not guilty April 21, telling a judge he couldn't afford a private lawyer.

Addressing Scott Peterson's alibi on an ABC news show last week, Geragos also suggested a possible defense argument: that the husband was framed.

"If somebody else did this, it was so widely publicized as to where his alibi was, what better place to set him up or frame him than to dispose of the bodies at the very location where they know that he was?"

Investigators hope to scuttle that theory with proof that Laci and her unborn baby died about the time they were reported missing four months ago. The baby boy was due Feb. 10, and part of the work involves studying the development of the fetus.

On Wednesday in Martinez, investigators met secretly with Contra Costa coroner's officials and a UC-Santa Cruz forensic anthropologist to discuss their progress. The coroner may call in other marine experts to determine how long the bodies were in the water, Contra Costa sheriff's spokesman Jimmy Lee said.

In the meantime, the corpses remain in a freezer in Martinez. Lee said he did not know when the remains might be released to Laci's family. An autopsy report may take weeks more to complete.

"The cause of death remains undetermined," said Lee. "We're going to hold onto the remains until we're done."

The corpses of Laci and the unborn baby, named Conner, washed up two weeks ago, separated by a mile of Richmond shoreline. They were identified April 18 through DNA analysis. Laci's recovered remains were missing part of the left leg, right arm, foot and head.

RG:

"In the meantime, the corpses remain in a freezer in Martinez. Lee said he did not know when the remains might be released to Laci's family. An autopsy report may take weeks more to complete.

"The cause of death remains undetermined," said Lee. "We're going to hold onto the remains until we're done.""

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