Posted on 05/30/2003 5:41:15 AM PDT by runningbear
Prosecutors want autopsy results unsealed
Prosecutors want autopsy results unsealed
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Published: May 29, 2003, 07:40:54 PM PDT
Prosecutors have reversed their position and are now asking a judge to unseal autopsy reports for Laci Peterson and her unborn son after details allegedly from one report were leaked to the media Thursday.
“The information being leaked has clearly been skewed in favor of the defense,” prosecution documents filed in court Thursday say. “The People cannot see why the autopsy documents should not be released.”
Defense attorney Mark Geragos strongly denied the leak came from his team. "I don’t know who they got the document from and I certainly didn’t want the document public," Geragos said.
The prosecutors’ shift on the autopsy reports came after NBC News reported they had obtained “a portion of the coroner’s report on the autopsy on the fetus.”
The document says the fetus was found with 1 1/2 loops of plastic tape around its neck and had a significant cut on its torso that had been inflicted after death, MSNBC reported on its Web site.
The information could be used to bolster a defense theory that Laci and her unborn child were slain in a ritualistic killing, possibly by Satanic cult members.
Stanislaus County Judge Al Girolami had ordered the autopsy reports tentatively sealed on May 15 at the request of prosecution and defense attorneys. He was scheduled to make a final decision on the sealing by today.
A statement released Thursday from the district attorney’s office says prosecutors “cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court’s order.”
Senior Deputy District Attorney Dave Harris had argued in favor of sealing the documents at a Tuesday hearing, saying it was necessary to protect Scott Peterson’s right to a fair trial.
Charity Kenyon, an attorney representing a coalition of newspaper organizations, including The Bee, said during the hearing that the public’s right to view court documents was a fundamental component of a transparent legal system.
----------------------------------------------------------------------------------------------
Peterson D.A. wants autopsies released
Prosecutor appeals to judge after reports leaked
Peterson D.A. wants autopsies released
Prosecutor appeals to judge after reports leaked
Suzanne Herel, Chronicle Staff Writer Friday, May 30, 2003
--------------------------------------------------------------------------------
A frustrated Stanislaus County district attorney did an about-face Thursday and asked a judge to release autopsy reports on Laci Peterson and her unborn son, saying that leaks about the condition of the baby's body were "skewed in favor of the defense."
District Attorney Jim Brazelton stopped just short of accusing defense attorneys for Scott Peterson -- who have hinted that a satanic gang was responsible for killing Laci Peterson and the couple's unborn baby -- of leaking selected details from the autopsy. But in asking a judge to lift a seal on the document, Brazelton said prosecutors hadn't released the document, even to Modesto police or to Laci Peterson's family.
Brazelton filed court papers to make the autopsy public hours after the cable news outlet MSNBC reported that the unborn baby had been found with a loop and a half of plastic tape around his neck and that there was a "significant cut" on his torso inflicted after death.
"The information being leaked has clearly been skewed in favor of the defense," Brazelton, who originally had asked for the autopsies to be sealed, said in his motion Thursday. "By releasing the autopsy reports, the court will allow the media to see what the actual facts are, and then accurate information may be reported."
Superior Court Judge Al Girolami is scheduled to hear the motion June 6.
Mark Geragos, who is defending Scott Peterson on capital murder charges that he killed his wife and their unborn son, did not return phone calls to his office Thursday, but told the Associated Press that he would not comment on the reports.
Girolami "more than telegraphed that he does not want us commenting on the case" during a closed meeting in his chambers Tuesday, Geragos told the AP.
INFORMATION NOT CONFIRMED
The Contra Costa County Sheriff's Department, whose coroner conducted the autopsies, would not confirm or deny the information in the leaked report.
The bodies of Laci Peterson, 27, and her unborn son, whom the couple had planned to name Conner, were found in mid-April after washing ashore along the Richmond shoreline.
MSNBC, which did not say who had supplied.....
---------------------------------------------------------------
Grisly Questions
Autopsy Shows Badly Decomposed Laci Peterson
May 30— Laci Peterson's head and parts of her limbs were missing and plastic tape was wrapped around the neck of her child, according to the full autopsy and coroner's photographs exclusively seen by ABCNEWS.
According to the autopsy, the skin of the child was not decomposed at all, though the right side of his body was mutilated, and the placenta and umbilical cord were not found with the body.
The autopsy said that the cause of Laci Peterson's death was undetermined, and there was no evidence of man-made wounds, despite the fact that her head and all or part of her limbs were missing.
Peterson's body was so badly decomposed it barely looked like a body after it was found in San Francisco Bay last month. However, the autopsy report showed her cervix was intact.
Experts are divided over whether the new revelations about the condition of Laci Peterson's body and that of her child will help prosecutors or Scott Peterson's defense.
On Thursday, sources close to the investigation told ABCNEWS the sealed autopsy report indicated a piece of nylon tape was looped around the child's neck when it washed ashore last month, and that there was a laceration or tear on the tiny body.
There also was tape on Laci Peterson's lower torso, outside her clothing, when her body was found April 14, a day after her baby's remains were recovered, the sources said.
Forensic pathologist Dr. Michael Baden told Good Morning America that the limbs and head were probably removed before Laci was put in the water.
The grisly new details could fuel speculation as to whether the baby ever lived outside the womb, which defense attorneys could use to undermine the prosecution's case against Scott Peterson, Laci's husband and the father of the child they had planned to name Conner.
The prosecutors handling the case said Thursday that since the autopsy was starting to be leaked to the media, the whole report should be released.
"The information being leaked has clearly been skewed in favor of the defense," Deputy Stanislaus County, Calif., District Attorney David Harris wrote in a statement released late Thursday. "By releasing the autopsy reports the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity."
Unanswered Questions
While the defense and prosecution dispute what the latest revelations might mean, experts also appear divided.
When asked what the tape on the bodies might mean to the case, Robert Pugsley, a law professor at the Southwestern University School of Law in Los Angeles, told ABCNEWS Radio: "This 8-month-old fetus was the direct intended victim, as well as the mother, of the homicidal activities of the murderer.
"This is a clear indication that the state is perfectly justified — indeed, I think, obliged — to pursue the double-homicide case which they've already laid," he said.
------------------------------------------------------------------------------------------------------
DA wants autopsy results made public
DA wants autopsy results made public Fetus had tape around neck
Thursday, May 29, 2003 Posted: 9:48 PM EDT (0148 GMT)
On the Scene: Toobin: Prosecutors calling bluff over autopsy report
--------------------------------------------------------------------------------
MODESTO, California (CNN) -- On the heels of gruesome information leaked from the autopsy report on Laci Peterson's unborn child, the prosecutor in the case filed a motion Thursday seeking to unseal the reports on both the mother and child so that the media can report "accurate information."
Stanislaus County District Attorney James Brazelton said the people of California have the right to correct inaccurate information, suggesting the media reports on the autopsy are not.
"By releasing the autopsy reports, the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity," his motion read.
Brazelton earlier Thursday released a statement, saying he "cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court's order."
He later decided to file the motion.
"It continues to be the view of the district attorney that the evidence in this case should be presented in court through testimony of witnesses and not selectively leaked to the news media by unknown persons whom the press will not identify," he said.
His motion will be heard June 6 in Superior Court in Modesto.
Scott Peterson, 30, is awaiting trial on two counts of murder for the deaths of his wife Laci, 27, and their unborn son, who was to be named Connor. Prosecutors have said they will seek the death penalty if he is convicted. Peterson insists he is innocent.
Just two days ago, Superior Court Judge Al Girolami heard arguments on whether to keep the autopsy results sealed, with prosecutors and the defense arguing that unsealing them could jeopardize Peterson's chance for a fair trial. News organizations countered by saying the results are a matter of public record and should be released. Girolami did not rule on the matter at that time.
--------------------------------------------------------------------------------------------------------
LACI'S UNBORN BABY HAD A 'NOOSE' AROUND HIS NECK
(((Ah, media sensationalizing the title, my opinion here!)))
LACI'S UNBORN BABY HAD A 'NOOSE' AROUND HIS NECK
By HOWARD BREUER and CYNTHIA R. FAGEN
--------------------------------------------------------------------------------
May 30, 2003 -- Laci Peterson's unborn child had plastic tape wrapped around his neck and a large cut across his shoulders when he was found in the shallow waters of San Francisco Bay.
The shocking revelation opens the possibility that the 81/2-month fetus had been born and then strangled, a forensic expert told The Post.
According to sources close to the probe, the boy, who was to be named Conner, was found with 11/2 loops of plastic tape around his neck, with an inch gap in between the tape and the skin - making the tape resemble a noose.
Noted forensics expert Dr. Henry Lee said that would be "with strangulation." Lee, who is not connected with the case, said it was possible the child had been born and then strangled - but cautioned that more details needed to be revealed before he could say conclusively.
The latest blockbuster details were first reported by MSNBC and later confirmed by The Associated Press.
The revelations could bolster the defense's contention that members of a Modesto satanic cult - not Scott Peterson, Laci's husband - killed his wife and unborn child, Lee said.
"This opens up a lot of interesting questions," said the doctor, who provided DNA expertise for the O.J. Simpson double-murder case.
The new headline-grabbing murder mystery has intensified since Laci's headless body washed ashore in San Francisco Bay on April 14. The fetus was retrieved a day earlier.
Sources involved in the case told Fox News that investigators were not ruling out that the plastic tape could have been floating debris that managed to wrap itself around the baby's neck.
Top forensic pathologist Dr. Michael Baden doubts the fetus was actually born, but was still intact in the womb when Laci died. If the baby had been separated, Baden said, the tiny body would have deteriorated faster than Laci's.
Both bodies were found to be in the same condition.
"We just have to wait and see," Baden said.
Reacting to yesterday's stunning autopsy details, District Attorney James Brazelton lashed out at the media, saying that because of the leaks, his office had filed a motion to unseal the full 25-page autopsy report.
"The information leaked has clearly been skewed in favor of the defense," the motion stated.
Peterson, 30, who has pleaded not guilty, is in jail pending his trial on charges of double murder. Mark Geragos, Peterson's defense lawyer, has asserted that a mystery brown van was seen around the Petersons' neighborhood sometime around his 27-year-old wife's disappearance.
The defense also contends it knows at least four or five people who were actually involved in the "satanic" killing.
A preliminary hearing has been set for July 16, when prosecutors will have to show they have sufficient evidence to try Peterson on murder charges. If he is convicted, he could face death by lethal injection.
A spokesman for the Contra Costa County coroner's office left a recording saying officials would not comment.
(Excerpt) Read more at modbee.com ...
Even if the trial was held in Point Barrow, Alaska, they've heard of the case.
Maybe Geragos's tactic was to "leak" part of the autopsy, forcing the Prosecution to go public with the rest..and then he'd cry "foul"...
The DA played back and said "OK, we'll release the report, all the while knowing the Judge would rule against them. Checkmate.
We pretty much know what the autopsy says anyway...
sw
........ KING: Albany, New York. Hello.
CALLER: Hi, my question is sort of twofold. First, if indeed the satanic cult does exist, in order to rise it to the level of creating reasonable doubt wouldn't you first have to show a propensity on the part of the members of this cult to commit these kinds of crimes, number one?
And number two, in order to show propensity, I would think, that the best way to do that would be arrests or, you know, previous kinds of offenses and I'm not hearing anything about that. So I'm wondering how they would really plan on using this theory.
KING: Chris, that a good point?
PIXLEY: Well, if any of these people were previously arrested for murder, Larry, we know they wouldn't be out on the street.
As far as propensity, Texas A&M did a study in 1991, they interviewed over 150 homicide detectives from around the country. And the consensus among the detectives was that satanic cults are involved in 1 out of 10 homicides and 1 out of 3 suicides.
Now, that's not the final word on the issue. But I think that they will be able to show that this is a real movement, a real issue. But I don't -- I don't at all dispute the fact that if this is the defense's theory, you know, they have to get past the jurors' incredulity in the very beginning of the case.
But the fact remains it just may be the truth. I don't think Mark Geragos would pick this theory out of thin air. There are so many others that would sound better if he was making something up.
WECHT: Larry, may I comment on other statistics?
I don't know where those homicide detectives came from. That is the most absurd statement -- I don't mean from Chris, I mean what was reported in that study. One out of 10 homicides, 3 out of 10 suicides, whatever the number was.
There may be people who are satanically motivated in a theological, philosophical sense. Are they cultists who bond together in an organized fashion? No. And do amputations sometimes occur? Oh, yes. I've seen people cut up their loved ones after death and so on. But were they part of a cult? No. So I don't know where those statistics come from.
KING: Let me take a call.
PIXLEY: Larry, if I can respond, though, to Dr. Wecht. What this means now then, Dr. Wecht, is either Scott Peterson is a sociopath or somehow the prosecution's going to have to explain how a baby was born through a coffin birth with tape around its neck.
Now, it may be innocuous. And everybody said well, here maybe the tape just washed up around the baby's neck. But if that baby does in fact have a noose around its neck, you're going to have to show that this guy's a sociopath. And you're also going to have to prove that the timeline here, less than 24 hours to commit this murder, an awful lot of gruesome stuff was done by a guy with no criminal record and no history of violence.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.