Posted on 05/31/2003 8:41:50 AM PDT by runningbear
Laci Peterson's brother Brent Rocha loads a rocking chair from her Modesto home into the back of a truck Friday morning.
Laci's things in tug of war
By GARTH STAPLEY and JOHN COTÉ
BEE STAFF WRITERS
Published: May 31, 2003, 07:16:10 AM PDT
Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house on Friday, touching off controversy between her family and that of her husband.
Police responded to the Covena Avenue home at about 10 a.m. after a security company reported that the alarm had been triggered, Capt. Greg Savelli said.
Officers determined that Laci Peterson's family and friends were removing items that belonged to Laci, said Savelli, who added that officers documented what was taken.
"We're treating this as a civil dispute over property," he said. "It was clear to the Police Department that this was not a burglary.
Peterson's husband, Scott, 30, has been charged with double murder and faces the death penalty in the killings of his 27-year-old wife and their unborn son, Conner.
Savelli said the fallout from Friday's property removal "was best handled between the families and their attorneys."
Adam Stewart, an attorney for Laci Peterson's family, said the family had been in contact with Scott Peterson's defense team, who had agreed to allow Laci's mother, Sharon Rocha, to go through the house on Tuesday. She was to be accompanied by representatives of the defense team, and all items taken were to be photographed and videotaped.
Scott Peterson's parents and lawyers expressed outrage that the Rochas did not follow the agreement.
Jackie Peterson said the people who went into the home Friday had "absolutely no permission to be in that house. I have a lot of empathy for Sharon, but she does not have a right to go in our house and take what she wants."
Rocha did not appear to be among the packers. Calls placed to the Rocha home were not accepted.
Seven vehicles loaded
Among the items loaded into seven vehicles were a crib, a rocking chair and a box with Graco printed on the outside. Graco makes such products as strollers, highchairs and car seats.
Laci Peterson's family announced Wednesday that it had hired attorneys to help recover items from the house. A list included her wedding dress, jewelry and Conner's crib.
Jackie Peterson told The Bee that the security company notified her by telephone in San Diego County that the house alarm had been tripped.
The property removal appeared to take Scott Peterson's defense team by surprise.
Matthew Dalton, an attorney with lead defense attorney Mark Geragos' law firm, drove to the house and asked reporters if someone had reported a burglary.
Dalton went to Stewart's Modesto law office Friday morning and dropped off some items requested by the Rocha family, Stewart said.
Monday, the defense team moved other items, including what appeared to be gifts, to the Modesto office of defense co-counsel Kirk McAllister, for transfer to Laci Peterson's family. But the items had not been picked up by Friday morning, McAllister said.
Stewart said in front of the home that it would be "ridiculous" to suggest that the Rochas broke into the home.
"I apologize for it coming down to this," he said. "This is not the way we operate. This is for Laci, for Conner and Laci's family. It is not for the media or Mr. Scott Peterson's defense in any way, shape or form. It's depressing that it's come down to this."
Stanislaus County Chief Deputy District Attorney John Goold said prosecutors had no legal authority over the house.
"It's not a crime scene," Goold said. " This is a civil problem between the Rochas and the Petersons."
The house title is in Laci and Scott Petersons' names, county records show. In such a joint tenancy, when one titleholder dies, the title goes to the other.
------------------------------------------------------------
Incident brings Peterson case close to home
Victim's family moves items from house, raising the issue of ownership.
By Garth Stapley and John Coté
The Modesto Bee
(Published Saturday, May 31, 2003, 4:47 AM)
MODESTO -- Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house Friday, touching off controversy between her family and that of her husband.
Police officers were dispatched after a security company notified them that the alarm at the Covena Avenue home had been triggered, Capt. Greg Savelli said.
Officers determined that members of the Rocha family and friends of Laci Peterson were removing items that belonged to the slain woman and documented what was taken, Savelli said.
"We're treating this as a civil dispute over property," he said. "It was clear to the police department that this was not a burglary. It was a dispute over property and was best handled between the families and their attorneys."
----------------------------------------------------------------------------------------------
Judge cites Peterson right to fair trial in denying report access
Judge cites Peterson right to fair trial in denying report access
By JOHN COTÉ
BEE STAFF WRITER
Published: May 31, 2003, 07:16:56 AM PDT
A Stanislaus County judge on Friday ordered that arrest and search warrants remain sealed in the case against Scott Peterson, who is accused of murdering his pregnant wife and unborn son.
Superior Court Judge Al Giro-lami's ruling also ordered the autopsy reports for Laci and Conner to stay sealed.
Thursday, District Attorney James Brazelton reversed his position and asked to have the autopsy reports made public, and the matter is set for hearing June 6.
Brazelton's about-face came after part of the fetus's autopsy report was leaked to the media. Prosecutors said that portion was clearly "skewed in favor of the defense."
Defense attorneys, coroner's officials, police and prosecutors have denied leaking the information.
Friday, in his ruling on all the documents, Girolami said releasing them "might irreparably harm the continued investigation into this criminal matter."
"Despite the fact that the complaint has been issued and a suspect has been arrested, the investigation and search for both incriminating and exonerating evidence in this matter continues," Girolami wrote.
Prosecutors and defense attorneys argued that releasing the documents could impede Peterson's right to a fair trial and damage an ongoing investigation.
Girolami agreed, saying in his ruling that releasing the documents "might result in the evidence being destroyed and witnesses being reluctant to step forward."
A group of newspapers, including The Bee, are seeking to have the documents unsealed.
Right to view reports argued
Charity Kenyon, an attorney representing the newspapers, argued that the public's right to view court documents was fundamental in an open legal system.
Other means exist for ensuring
-------------------------------------------------------------------------
Judge orders Laci Peterson autopsy report sealed
Judge orders Laci Peterson autopsy report sealed
The Modesto Bee
The Associated Press
Published: May 31, 2003, 06:49:17 AM PDT
MODESTO, Calif. (AP) - A judge ruled Friday that an autopsy report on the deaths of Laci Peterson and her unborn son should remain sealed along with other search warrant and arrest records.
Superior Court Judge Al Girolami said releasing the information could hamper the murder investigation and prejudice public opinion before a trial begins.
Girolami is scheduled to hear more arguments June 6 from prosecutors preparing a murder case against Peterson's husband, Scott Peterson. Prosecutors on Thursday asked that the autopsy reports be released to the public. They argued that media leaks of the reports are biased toward the defense.
Girolami also ordered that leaks of sealed information stop and indicated he would consider a gag order to stop the prosecution and defense teams from talking to the media.
Scott Peterson, 30, is accused of killing his wife and unborn son, whom the couple had planned to name Conner, last December in their home. Laci, 27, was eight months pregnant at the time. The bodies washed ashore in San Francisco Bay last month.
Contra Costa County authorities concluded their autopsy report earlier this month, but did not disclose the cause of death.
Several media outlets have released details of the coroner's report, and a spokeswoman for Laci Peterson's family members said Thursday they were "devastated" at hearing autopsy reports without warning on television.
The leaked reports indicated the unborn son had plastic tape wrapped around his neck and a significant cut across the shoulders.
Meanwhile, friends of Laci Peterson removed several personal articles Friday from the single-story Modesto home where she and Scott Peterson lived.
---------------------------------------------------------------------
MOM'S MOVING MOMENT
By HOWARD BREUER and MARSHA KRANES
--------------------------------------------------------------------------------
May 31, 2003 -- Laci Peterson's mother - shattered by the graphic details leaked from the 25-page autopsy of her unborn grandson - yesterday began removing her slain daughter's belongings from the home she had shared with her accused murderer husband, Scott.
Sharon Rocha, accompanied by several friends and relatives, was seen at the Modesto, Calif., house removing the rocking chair Laci had bought to use when she nursed her infant son, as well as unopened Christmas gifts, clothing, chairs, lamps and artwork.
In doing so, she ignored the advice of her lawyer, Al Clark, that she wait until he, Scott Peterson's lawyers and court officials work out the procedures to be followed when she entered the house.
Modesto police arrived while Rocha was there, and she and her entourage left a short time later after packing seven cars full of Laci's belongings.
Hours later, lawyers representing Laci's family and Scott Peterson started haggling over whether removing the items was legal.
Scott Peterson's mother, Jackie, expressed outrage that the items had been removed since Laci's family had "absolutely no permission to be in that house."
Scott Peterson has pleaded not guilty to killing his wife and their unborn son.
Laci's family said Wednesday that they had hired lawyers to help them retrieve a baby crib and jewelry from the home.
Meanwhile, Clark told Fox News his client's anger over the grisly revelations leaked from her daughter's and grandson's sealed autopsy reports drove her to go get her daughter's possessions.
A family spokeswoman said Rocha was "devastated" by the reports describing how the near full-term fetus of her grandson Conner had plastic tape wrapped around the neck and a large cut across the chest when he was found in the shallow waters of San Francisco Bay last month.
---------------------------------------------------------------------------------------------------
(Excerpt) Read more at modbee.com ...
The house is in Scott's name - he owns it *shrug*
I can completely understand where the family is coming form though. Let the civil attorney's settle it, although, I would think that the way Laci's family went about it, that it leaves them more open to civil legal trouble.
Correction. The deed IS in Scott and Laci's name. There has been no transfer of title or a Death Certificate filed. The transfer is not complete until the proper paperwork is complete. An affidavit of death, including a certified copy of the Death Certificate has to be filed to remove Laci's name from the title. This has not been done. The house, as to an undivided 1/2 interest, remains the property of Laci.
Not that it's germane to this case or anything, but I wans't entirely convinced at first, but eventually came around... but, just as in that case, I'll wait for the actual trial and those pesky 'due process' and 'evidence' thingies etc... before I make a determination...
Did you miss the part where Geragos interferred in the agreement and canceled it?
Geragos To Rochas: 'If You Want War, You'll Get War'
Snip it:
Geragos To Rochas: 'If You Want War, You'll Get War'
POSTED: 7:58 a.m. PDT May 30, 2003
MODESTO, Calif. -- Defense attorney Mark Geragos allegedly told the attorneys representing Laci Peterson's family that "if you want war, you got war" after negotiations to allow the Rochas to enter their late daughter's home broke down on Thursday afternoon.
"We thought we had it worked out with Geragos (who represents Scott Peterson) that she (Sharon) could come in here (Laci's home) next Tuesday (June 3)," said Al Clark, one of the two attorneys the Rocha family has hired to attempt to gain access to the home of their daughter.
"He (Geragos) called us in a very loud, very boisterous manner (on Thursday) and said he's not going to allow anyone in the house...I called Sharon and this is right after she heard about the autopsy report and she was very emotional as you can understand and she just said 'I've got to do something.'"
When asked what exactly Geragos said, Clark said he was told by his partner Adam Stewart that the famed defense attorney said: "The words he used were 'If you want war, you'll get war.' I can only think that we were suppose to file a lawsuit to get back a wedding dress and photos. It just seems ridiculous to me."
Quote from Janey:
You know, he, too, would love to be be sitting among family and friends and grieving the loss of his wife and child, and he is unable to do that, and our family is unable to do that without him.
I dont know - the way I read this, was that an agreement was formulated between the families through their legal counsel, which would have allowed the Rochas to enter and take items of Lacis that they wanted to have - I also see that Scott was helping make a list of 'sentimental' items that Laci would have wanted her family to have (don't know how true that last part is...).
Then, the Rochas BREAK INTO a home (they set off the alarm, which indicates a unconventional mehtod of entry, to me) and begin removing truckloads of stuff, rather than going by the agreement they signed off on... The Rochas are looking less and less like decent people to me. Morally, maybe they were in the right, but it certainly could have been handled better...
Before you write the ending to your book suggest you do a little more research.
That's a good point - I don't like how THAT played out either, but to react to it in a cold calculated manner, using it as an excuse to do what they did inclines me to not have any sympathy for them...
Unless they feared the Peterson clan would take the items out of the house that they had requested. The Peterson's handed over some things requested, but it was a backhanded gesture that I'm sure the Rocha's took as not only insulting, but as a sign of uncooperation. The Peterson's have been saying one thing and doing another this entire time.
Yes, I must have - all I saw was that the actual access to the home would be videotaped as part of the record... I don't see that as interfering...
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.