Posted on 05/29/2003 5:34:23 AM PDT by runningbear
Laci Peterson family seeks items from home
Laci Peterson family seeks items from home
Relatives hire lawyers to retrieve wedding dress, baby crib, other personal belongings.
By John Coté
The Modesto Bee
(Published Thursday, May 29, 2003, 4:15 AM)
MODESTO -- Laci Peterson's family has hired attorneys in an attempt to retrieve her wedding dress, a baby crib and other personal items from her Modesto home, according to a statement released Wednesday.
In the murder case against her husband, court documents made available Wednesday assert the defense team's contention that investigators violated the law by monitoring privileged communications and that Deputy District Attorney Rick Distaso "misled" defense attorneys and the judge about it. Scott Peterson, 30, has pleaded not guilty to two counts of murder in the deaths of his 27-year-old wife and their unborn son, Conner.
Scott Peterson's parents and his attorney have prevented his wife's family from entering the couple's Covena Avenue home and retrieving personal items, according to the statement from attorneys Adam J. Stewart and Albert G. Clark.
The statement came with a 22-point list of items that family members want, including Laci's diplomas and journals, and a watering can that says "Laci's Garden." But family members said that being inside the home that Laci decorated and lived in was more important than retrieving personal items.
According to the statement, lead defense attorney Mark Geragos wrote a letter in response to the request for access. The Laci Peterson family attorneys, in their statement, say that Geragos said it would be "unthinkable to allow anything to be moved or disposed of" until his team had completed its investigation.
Meanwhile, the newly available court documents show that defense attorneys have requested a closed hearing to question prosecutors about wiretaps used to intercept calls between Scott Peterson and his defense team.
The defense drafted the documents before Superior Court Judge Al Girolami on Tuesday ordered prosecutors to turn over "all calls intercepted involving defense counsel or the defense investigator." Also, the defense has asked for a transcript of a Jan. 17 wiretap discussion among Judge Wray Ladine, prosecutors and investigators, the documents reveal.
Defense attorneys have a Friday deadline to file a motion on the wiretap issue.
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Laci Peterson's Family Hires Lawyers to Collect Mementos
Laci Peterson's Family Hires Lawyers to Collect Mementos
MODESTO — A Modesto law firm says it has been hired to help Laci Peterson's family visit their daughter's house and collect her wedding dress, jewelry and other mementos.
Lawyers Adam Stewart and Albert Clark say they were hired after Scott Peterson's family prevented his in-laws from entering the house the couple shared before Laci Peterson vanished just before Christmas.
Scott Peterson has pleaded innocent to murdering his wife and unborn son. The remains of the 27-year-old pregnant substitute teacher and the infant they planned to name Conner were found on the shore of San Francisco Bay last month.
Defense lawyer Mark Geragos says he has worked out an agreement to let Laci Peterson's family visit the house and remove her journals, a food processor and a watering can that said "Laci's Garden."
Copyright © 2003 KABC-TV and the Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Last Updated: May 28, 2003
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DEFENSE LAWYER TO GET PETERSON PHONE LOGS
DEFENSE LAWYER TO GET PETERSON PHONE LOGS
(05-27-2003) - The judge overseeing the murder case of Scott Peterson ordered Tuesday that police records of telephone calls made between Peterson and his lawyer and investigator be turned over to his new defense attorney.
Prosecutors had not contested the release of the conversations, which they said they had not heard or seen and had ordered sealed when they realized police investigators had been listening to or recording calls.
At least two of the 69 calls between Peterson and Modesto attorney Kirk McAllister were included in the widespread monitoring that also taped Peterson's calls with reporters. Police also listened in on a call between Peterson and a private investigator.
Peterson's new attorney, Mark Geragos, said he expected to receive the police records Tuesday afternoon.
"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.
Peterson, 30, is accused of killing his pregnant wife, Laci Peterson, and unborn son, Conner, last Dec. 23 or 24. Stanislaus County prosecutors plan to seek the death penalty.
Peterson, arrested April 18, maintains his innocence, saying he last saw his wife when he left for a Christmas Eve fishing trip.
Stanislaus County prosecutors this month notified McAllister, private investigator Gary Ermoian and 64 other people that their conversations were intercepted from Jan. 10 to Feb. 4 under a court-ordered wiretap to gather evidence in the Peterson investigation.
Police are not supposed to listen to talks between attorneys and their clients, which are considered privileged conversations. McAllister said earlier this year he was skeptical of claims that police recording equipment was turned off when it became clear that Peterson was talking with his lawyer.
But John Goold, a chief deputy district attorney for Stanislaus County, told reporters Tuesday that prosecutors have never seen or heard anything from the Peterson-McAllister calls monitored by police.
"Our requirement is to not listen in on privileged phone calls," Goold said.
Also Tuesday, Judge Al Girolami said he was also considering a gag order on lawyers in the case to prevent leaks fueling news stories, and indicated he would wait until July to decide whether to unseal court records reporters are seeking.
Girolami said he would rule by the end of the week whether to unseal police reports and arrest warrants, as well as autopsy results of Laci Peterson and her unborn son.
But the Modesto judge told Charity Kenyon, a Sacramento lawyer representing The Modesto Bee and four other California newspapers, that he would most likely order that the documents remain impounded until a July 15 preliminary hearing, held to determine whether Peterson should go to trial.
Girolami wondered aloud, given the great amount of publicity in the case, whether 12 fair jurors could be found anywhere in California if the information was unsealed.
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Another Peterson trial
Nurse becomes seventh member of Peterson jury
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(Excerpt) Read more at fresnobee.com ...
Judge Girolami denied a request from the parties to consolidate the June 3, 3002 hearing scheduled in Dept. 5 with the hearing on June 6, 2003 scheduled in Dept. 2. The June 3, 2003 date remains on calendar in Dept. 5.
On June 6, 2003 Judge Girolami will also hear arguments on the wiretap In Camera hearing. The judge set the date of May 30, 2003 for Points and Authorities from the defense and June 4, 2003 for Points and Authorities from the District Attorney.
The Judge also set a date of July 9, 2003 at 8:30 a.m. in Dept. 2 to hear presentations regarding media coverage for the preliminary hearing. The Judge ordered the Defense and the District Attorney to have any motions and Points and Authorities on the media coverage issue to be filed by June 25, 2003 with a July 2, 2003 filing deadline for Media representation response.
On the issue of a possible Protective Order, the Judge also set June 6, 2003 as the date to hear comments from each side with June 4, 2003 as the deadline for Points and Authorities to be filed. The Judge also requested that any party requesting a Protective Order to suggest some content for the Protective Order.
On June 6, 2003 media will be allowed at the hearing in Dept. 2. The same persons who were granted permission by the Judge per California Rule of Court 980 to video, sketch, photograph, and audio tape the hearing on May 27, 2003 were granted permission for the June 6, 2003 hearing.
FYI....
Here in Los Angeles there are people who rummage through garbage let out for the city to pick up all the time ... meaning always. If you put out an old broken chair or sofa it is gone within 30 minutes.
I bought a $400.00 shredder and shred any personal paper I discard. It's a good idea anywhere you live since much identity theft comes from people getting your bills out of the trash.
Now he's saying the DA has put out a statement saying since the report was sealed, they cannot comment. The next time we hear from them will be in court.
Yep, just what I thought! The prosecution is still playing it close to the vest.
This could be from marine animals.
Methinks Dan got in front of the camera before he fully read/understood what he had, in a rush for-ding-Breaking News!
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