Prosecutors want autopsy results unsealed

The Modesto Bee ^ | May 29 2003 | John Cote' and Garth Stapely

[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.

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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

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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.....

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Grisly Questions

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.

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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

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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.

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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

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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.

[Howlin]

Perhaps he knows a little bit more than you do; especially since all the people on the panel agreed with him -- and they WERE lawyers.

[justshe]

Yes.....read about the Black Dahlia case. It took courage for that son to come forward with what he had found, no? I wonder how many children would have.....considering it damned his father!

[daylate-dollarshort]

Now I've heard it all.

Just what the hell is Scott Peterson doing in jail if there is a question of whether or not Laci Peterson is in fact dead???

Give a cite where we can find this truly rediculous statement from the Rochas' attorney.

[TheSpottedOwl]

There are Satanists out there. The cops perhaps run into Goth kids, and therefore just consider them "wannabes".

[Devil_Anse]

Yes, well, if that is the case, then how CONVEEEEENIENT for Scott that his wife's body got thrown in the ocean at a time when her wedding ring just HAPPENED to be off her finger. Or is it true that "there's no such thing as coincidence"?

[TheSpottedOwl]

Watch now as the Petersons proceed to look like total fools while pursuing the "burglary" charges.

What ever happened to dignity and professionalism? I'm speaking more for some of these lawyers. The Petersons should be told quite firmly to shut the hell up. They are making their son look very guilty. It's one thing to visit your son in jail, that would be expected; it's another thing to go on interviews and spewing all sorts of nonsense.

The Petersons have no class...

[Howlin]

Just what the hell is Scott Peterson doing in jail if there is a question of whether or not Laci Peterson is in fact dead???

Just what the hell is Scott Peterson doing in jail if his own attorneys and mother and father know who really killed her???????

I stated what LAWYERS said. From your posts on these threads, I'm guessing you aren't an attorney, so perhaps you should consider the fact that there are people who know more than you do.

[daylate-dollarshort]

.....no answer?

Then perhaps you can explain the necessity of a search warrant to enter Scott Peterson's home servable on Scott?????

If the Roches' have equal access as you claim, why not just get permission from Laci's mother to searh the home??

[Devil_Anse]

I tend to agree with you that at this point the house is owned by Scott, period. You say he has an undivided half-ownership interest in the house. I would go further and say that since the house was apparently owned in joint tenancy with right of survivorship, that he just plain owns the house, now. (Subject to the money owed on it, of course.)

California law, of which I don't know the specifics, would have to be superimposed on all these suppositions.

Scott may own the house, but the personal property in the house would go by inheritance, I think. Scott does not necessarily own all of THAT.

There is of course no need for the Rochas to have a power of attorney as regards Laci; I'd think they would simply apply to have one of them be the representative of her estate. Don't know if they have--probably they have. But on that, too, Scott could give them a fight. It appears that, egged on by his mother, he might be just low enough to do it, too. He'd probably lose. I think one of the Rochas will indeed be named the representative of her estate. Or some neutral party.

When a person dies, the real property has to go somewhere. The law doesn't want there to be gaps in ownership of property. So there is that concept of "seisin" which says that the correct heir to the property has seisin from the time of death. (Sometimes spelled "seizin".) Probably a similar (but not the same) concept would operate to make Scott the owner of the house, as of the time Laci died. The point about the lack of a death certificate does give pause, though. We all know she is going to be "officially" dead, but is she "officially" dead, now? I'd say that he became owner of the house on her death. Period. (Motive, anyone?)

When the presumptive heirs (the Rochas) to property have reason to believe that someone is going to "waste" the property, seems to me that they can get authority from the probate court to take measures to safeguard the property. I'm talking about Laci's personal property here. Wonder if the Rochas have anything pending in the probate court to try to cause a sequestration of assets, a safeguarding of all the assets subject to inheritance. Seems that they could at least ask for such a thing. It also seems to me that McAllister is thinking the same thing--b/c apparently he turned over those Tiffany lamps to the Rochas right quick.

There is absolutely no reason for Jackie P. and company to be so nasty about things like Laci's wedding dress. If you look at today's article, you'll see that there's a sort of theme: Jackie was "perfectly willing" to give the Rochas the less-saleable items, but she seemed to want to keep things like Laci's rings, which were reportedly recovered from a jeweler who was making them into a new piece of jewelry. This reportedly included her wedding ring. Which brings me to another question: why is Laci's wedding ring not lying on the bottom of San Francisco Bay?

[Devil_Anse]

I definitely don't think all the oxygen is getting to Jackie's brain! Maybe she burned a hole in the tube while having a cigarette. Pure speculation here!

To return yet again to my friend who rode the lawnmower into the moving van and made off with it, the ex went right down to the sheriff's office and demanded that she be charged with burglary. They refused to entertain the charge. I think the DA/police here will do the same.

[justshe]

I don't know about "MOST" pregnant women, but I couldn't wear my wedding rings the last 2 months of either of my pregnancies. Water retention was too great...and they became VERY uncomfortable, especially if I left them on overnight. Perhaps this was occurring with Laci. I have never seen any discussion re: this condition with Laci, however.

[Howlin]

Are you as clueless as you appear, or are you just here to make trouble.

When the search warrant was obtained, Scott AND Laci Peterson were owners of the home; nobody knew that Laci wasn't alive at that time.

And the reason they had to get a search warrant was because Scott, the grieving husband, so anxious to find his wife, wouldn't let them in.

[daylate-dollarshort]

Not an answer Howlin'. Try to focus on the subject.

What is the source for this "statement" by Roches' attorney? Who was on the panel?

I see that you, as well as many others, are a fan of Greta's.

Do you remember the comments from Greta and her panel of attorneys regarding the entry of Laci's family and friends into Scott's home?

Do you remember the comments that Scott was the estate of Laci Peterson? Further, that it was his home and as the "estate" even Laci's property belonged to him??

That's five attorneys Howlin.

Do you remember the comment from the attorneys that the Medesto prosecutor wouldn't persue criminal charges against the Roaches despite the unlawful acts???

As far as whether or not I'm an attorney- keep guessing. I just might have more experience in the field than you know.

As far as what Peterson's "own attorneys and mother and father" know is not the question here. Besides, the topic of Geragos' "parallel investigation" is part of the subject matter of this thread. IF he can prove his theory by means of that "parallel investigation" I'm sure that he will announce it.

[daylate-dollarshort]

You missed the point Howlin'.

[Howlin]

Do you remember the comments that Scott was the estate of Laci Peterson?

There is obviously a differing opinion; her attorneys contend that the Rochas have just as much right to the house as the Petersons do, regardless of their POA, precisely because he IS under arrest for her murder and there has been no death certificate issued; those are facts, live with them.

And I am POSITIVE that the reason the police and the DA did nothing to stop the removal of Laci's belongings is because they said it was a CIVIL MATTER. I think the fact that the police stood around while that burglar alarm went off should tell everybody just where the DA thinks this issue is heading. As for me, I'm fine with it; the bigger fool Geragos keeps making out of himself, the better for Scott's conviction.

IF he can prove his theory by means of that "parallel investigation" I'm sure that he will announce it.

He already DID announce that he could prove it -- within days or hours, he said -- and that was ten days ago. He went so far as to say that the prosecution would have egg on their faces. So why is his client still in jail, unless he is, as we all know, a known liar, just like his client?

I hope you'll pardon me, but I'll take the word of people who aren't getting their information from the people who are trying to get a murder off.

I'm sure they hope you're picked for jury duty; that is, if you're not already on the defense team and are merely here to divert attention away from the real facts of this case.

[Howlin]

I didn't miss any point; if Scott Peterson were truely worried about his missing wife -- and didn't have anything to hide -- he would have let them in that very second.

[daylate-dollarshort]

Hi "Devil"~~~~~~

California law, of which I don't know the specifics, would have to be superimposed on all these suppositions.

I believe that under California "usual and cutomary" deed construction they likely recorded the deed as being owning the property "by the entireties" which is the same thing as "joint tenants".

Scott may own the house, but the personal property in the house would go by inheritance, I think. Scott does not necessarily own all of THAT.

California is a community property state. Both of the parties own the properties. Kind of like the joint tenant an by the entireties concept in real estate ownership. Absent a will there is really little or nothing to decide.

There is of course no need for the Rochas to have a power of attorney as regards Laci; I'd think they would simply apply to have one of them be the representative of her estate.

Scott is Laci's next of kin by virtue of marriage- not Laci's parents. Given that Laci died intestate, there is no formal estate that they can administer or be the executors of. Even if there is some identifiable "separate property" (maybe a pre-nup?) I don't think that there wouuld be a situation where this could occur.

When the presumptive heirs (the Rochas) to property have reason to believe that someone is going to "waste" the property, seems to me that they can get authority from the probate court to take measures to safeguard the property. I'm talking about Laci's personal property here. Wonder if the Rochas have anything pending in the probate court to try to cause a sequestration of assets, a safeguarding of all the assets subject to inheritance.

Unfortunately, the Rochas are not the presumptive heirs- Scot is the estate, he is the heir at this time. That will change, of course, if he is convicted for Laci's murder.

There is no probate case for the Rochas to file an action under. The easiest way to tie the house up if someone tries to transfer ownership or sell it, is really simple. They should file a wrongful death action against Scott and file a lis pendens against the property. No one in their right mind would buy the property then.

As I know you are aware I do not support Scott Peterson, nor have I prematurely found him guilty. What I find somewhat distasteful in the house plundering incident, is that Geragos had already agreed to allow the Roches into the property. I believe that was to be this coming Tuesday. (I'm sure that someone will correct me if that's the wrong day.) I think that he wanted to document what was removed by the Roches. It appears to me that Mrs Roches, for what ever the reason, had an attack of temper and jumped the gun.

Just a point to ponder. If the Roaches had the legal ability to enter the home and remove property, why on Earth did their own attorney tell them not to???

[daylate-dollarshort]

Are you trying to imply that I am an agent for for the defense?? And what "facts" am I trying to divert attention away from. What you spew on these threads are not "facts".

No "facts", other than Laci and Connor are dead. Most probably murdered. Al the rest are speculation and accusation. The "facts" will be determined at trial.

You're mighty close to crossing the line Howlin'.

As others who post on this thread are aware, I have received over a dozen e-mails regarding my posts on the Laci threads. They were mistakenly addressed to my wife. They were foul, vile, accusatory, and some were explicitly threatening. And this wasn't the first occasion.

I am not the only person that has received such e-mails. Several others reported on these very same Laci threads, that they too have recieved similar e-mails. I cannot help but notice that most,if not all, have quit posting.

I won't be pushed off this board or silenced by rabid, out of control, posters who have appointed themselves judge and jury of Scott Peterson or anyone else.

As I have posted before, I have no problem with the open and frank discussion of this case. In fact I encourage it. What I do object to is the posting of unsupported supposition, gross mistatements and rank speculation. I posted that to you directly. You either ignored the post or simply dismissed it.

[daylate-dollarshort]

Totally non responsive.

Further, the Prosecuter and MPD did not say that a violation of the criminal code had not occurred. They clearly bailed.

It is typically the perrogative of the Prosecutor to pick and choose the cases he will or will not prosecute. Because they chose to deem it a Civil Matter is simply refective of this.

[Howlin]

Further, the Prosecuter and MPD did not say that a violation of the criminal code had not occurred.

They said it was a civil matter, period.