Laci's things in tug of war

The Modesto Bee ^ | May 31, 2003 | Garth Stapely and John Cote'

[runningbear]

Laci's things in tug of war

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.

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

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.

---------------------------------------------------------------------------------------------------

[runningbear]

Would you want to have to make an appointment to gather stuff of your deceased loved one's belongings, and knowing that the mother-inlaw was playing games, leaving plants outside the home, at her whime for a later time to pick up plants or other stuff, or taking items from the home, taking it to the defense attorney's office for retrieval, and ultimately to be video taped while there? I don't think so. (the Peterson's actons throughout this case speaks volumns of how uppity they think they are! What Jackie was doing, I would of got the memo, come get your plants when I am not here, oh by the way, you can't have access to my boy's house!)

As a victim's parent, I think the Rochas felt compelled to do what they did. After all, during these events, since Dec 23rd, Scott, wasn't very cooperate with the Rochas either then. Especially after Jan 24th press conference.

It will be all ironed out in the end in the probate court, and most likely a civil court... besides the criminal actions on scaughty.. ;o)

[justshe]

I missed where the information came from about the defense team swimming in the pool.

Does anyone remember the source/link to that info?

[jdontom]

RB thanks for the PING!!
Again the Peterson's insert foot in mouth over a simple action of the Rocha's wanting to retrieve items from the house that were Laci's. Now we know where Scott got his attitude....

[clouda]

Peterson family planned to keep some property



http://www.modbee.com/reports/laci/story/6879731p-7816220c.html

Scott Peterson's family had planned to voluntarily turn over only some of the items that his wife's family wanted from the couple's home.
Laci Peterson's family and friends acted first, though, and took what they wanted Friday from the Covena Avenue house -- over the Peterson family's objections.

Jackie Peterson, Scott's mother, expressed dismay: "Yesterday we see a coroner's report about a baby, and today we're talking about salt and pepper shakers," she said by telephone from her home in San Diego County.

In discussing the Rochas' request for property from the home, Peterson said some of the items, such as Laci's journals, could not be turned over.

"Scott didn't even know she had journals," Peterson said. "If she did, police have them."

Peterson said her son has a request, too: He wants his wife's wedding ring, another diamond ring that he bought her, and a few diamonds given to Laci by her grandmother. Peterson said the rings and gems had been taken to a jeweler for crafting into one ring.

"We want those," Peterson said. She said the Rochas picked them up from the jeweler.

The Rocha family could not be reached for comment.

The family had submitted a 22-point list of items sought from the house. Peterson said Laci's mother, Sharon Rocha, later revised it to 16 points.

The Rochas still wanted the crib intended for Conner, the boy with whom Laci was pregnant at the time of her disappearance. And they wanted the rocking chair from the baby's room, too.

Crib and rocking chair went out the door Friday.

Earlier this week, family attorneys said the Rochas needed to "sit in Conner's room in the rocking chair Laci had purchased to rock him in, and just to have the opportunity to feel her presence."

Peterson said she and her family bought almost everything in the baby's room, including crib, rocking chair, clothes and toys -- all baby shower gifts. Scott wanted to keep the baby's things, his mother said.

She said Sharon Rocha was welcome to take back the crib bedding that she had purchased.

Peterson said her son previously agreed to give some property to Laci's brother and half sister: for Brent Rocha, flower vase wall sconces that he had given to Laci as a gift; and for Amy Rocha, wicker furniture and lamps given to Laci by the women's paternal grandmother.

Other items, she said, Scott and Laci acquired as a couple -- such as two white chairs and an end table. "They are not Sharon's," Peterson said.

Nor did her son want to turn over kitchenware -- a food processor, a mixer and cookbooks -- "that Scott will need to keep house," his mother said.

Scott already had decided to turn over the salt and pepper shaker set, in snail motif.

The Rochas also had asked for "Laci's fine china and stemware." Peterson noted how the listing omitted Scott's name.

She described the china and stemware as wedding gifts to the couple, entitling Scott to keep them. She added that she and her husband bought most of the china, filling out the set after the wedding.

There are no photos of Laci to turn over, Peterson said. She said police took every one that included Laci, leaving four photos in the house. She said police also took most of Laci's clothing. "But she (Sharon Rocha) can have all of it."

The Rochas also had asked for Peterson's wedding dress. Scott's mother revealed that the dress was taken in a mid-January burglary at the house, during a weekend when Scott was in Los Angeles for a one-day search effort for his wife.

A few days later, police said they had identified a suspect but did not report an arrest. They gave no name but described the suspect as someone known by the Petersons, and said the suspect was one of many people with access to the home.

Jackie Peterson said her son got the wedding dress back, then had it cleaned and boxed.

She was adamant about a glass memento box. She said she gave the glass box to her son and daughter-in-law for display of photos and seashells from their honeymoon in Tahiti.

"That's a 'no-way,'" Peterson said about giving the box to the Rochas.

It is not known where the box is today.

[mass55th]

"even swimming in the pool"

Whoa! There's a swimming pool at Scaughty's house? I didn't know that, but I probably should have, it being California and all. Has there been any speculation that he could have drown her? After all, if he drowned her, and then dumped her body in the ocean, would there be proof as to whether she drowned in a pool or in the ocean? I'm wondering if chlorine would still be present in the lungs after all this time in saltwater. He could have knocked her out or drugged her, then dragged her to the pool to drown her. There's a wooden fence around the place isn't there? What better way of committing a crime out there after dark and no one being able to see you do it?

[WellsFargo94]

A friend of Laci's mom said on Greta yesterday that Laci's jewelry was all missing. I wonder if he sold it or gave it to other women.

All of the jewelry, Laci's wedding band, diamond ring, and her grandmother's jewelry given to Laci had all been sent to a jeweler by Scott to be "reset into one ring". That or he was going to sell it or give it to Amber?

[Chad Fairbanks]

Well, I don't see what te big rush was - they had to have everything NOW, orcould it have waited? Apparently they needed these things right now, if not sooner?

To hell with the games, and the mother-in-law, and all that stuff - if they couldn't reach an agreement with the family, they could have taken the probate court route - I would have respected them for that. Now, to me, they look like a bunch of meterialistic looters of the dead...

[Jackie-O]

The freind also told Greta that they used a KEY to get into the home....

[RGSpincich]

Your smartass statement to me leaves me assured that you haven't got a clue what's happening in this case. No agreement existed for either family to enter the house (That doesn't stop the Petersons, though), Peterson does not own the house outright and alarms go off all the time at homes where the proper person is gaining entry. By your logic, the first one to change the alarm code wins control of the house.

[MaggieMay]

Thakyou Runningbear for the ping.

I think Sharon Rocha has been yanked around far too may times. If anyone has been a model of restraint in this case it is her. I think if this goes to a civil case, no resonable person could fault her, after being led to believe she would be given access to the home, to have it refused at the last minute was cruel beyond the belief.This obviouly was a important part of closure for her, to be jerked around by the Peterson's is the straw that broke the camels back.

My only concern is the Peterson's are going to try to use this a an appeal down the road,they have already said that they "suspect" the Rocha's could plant evidence against Scott. There is nothing Geragos would not do to win this case, including break Sharon Rocha's hold on sanity.

[runningbear]

yep... and like some say, this will get ugly fighting over possessions.. But frankly, I think the Rocha's should retrieve all of Laci's stuff, and place in their attorney's custody, and let the probate judge handle the property and legal rights..

But then, looking for final sweet justice if the Rocha's file a civil suit for the deaths of Laci and Conner. ;o)

[Chad Fairbanks]

Is the house in the name of Peterson, or Rocha? Just because I married a woman, and we bought a house together, does NOT give my in-laws (or my wife's in-laws for that matter) the right to come into our home and take stuff that does NOT belong to them.

Tyhat is Theft, plain and simple. If you can't see that, then I am sorry you were not raised right...

[Jackie-O]

Gag order, I agree..Rochas have not been talking till now, and it's their attorney that is doing it...Petersons have been yapping since day one. And all of the leaks have allegedly been from the Geragos camp and IMO are not working the way they intended them to.

[isthisnickcool]

In a way I envy you your ability to look at this the way you do. On the other hand, I'm rarely disappointed when all the facts come out. But at least we live in a country where we can each have our own points of view.

I have the same problem you do. All indicators point to the husband. I recall seeing him on some show where he "broke down and cried". It was absurd. Very contrived. Almost comical in that it was such bad acting.

Nobody really knows what evidence the police have. Hopefully they will have something that gives them a slam dunk here. But, keep in mind that EVERY DAY people get away with murder. The OJ case was a "slam dunk" for example. I personally heard that from one of the lead detectives in that case. And he was right. But he was wrong.

As far as the family taking things out of the house? They had no more right to what they did than I do. They should have kept the high ground. They basically did break in and steal things. Doing so reflects badly on their daughters and grandsons memories. And takes the focus off Scott and gives his defense slime something to make noise about. Dumb move on their part.

[Lanza]

I think the rush for NOW is because SP's family was already getting rid of Laci's stuff. Her wedding rings along with jewelry from her grandmother were taken to a jewelers to be ruined forever. I am sure the Rocha's wanted to get what they could before they sold off her wedding dress and anything else to help that piece of crap Scott.

[runningbear]

besides, Jackie stated that she cleaned or had the house cleaned. So, who tainted by whom, Geragos, or Jackie? ....lol../need my cup of coffee... ;o)

sorry, just had to say this... heehee...

[Defiant]

Law school ruined us--it forced us to organize our thoughts logically!

You are 100 percent right on all the posts here. It is amazing that people are so misinformed about property rights. The house and all its contents belonged to the husband and wife. If the wife dies, it belongs to the husband 100 percent, including the right to determine who goes in there. IF the property of another person is in the house, for example a lawnmower borrowed by Scott, that person is not allowed to enter and take it. The proper action is to ask a court to get it back for you. It seems that none of the property taken by the Rochas belonged to them. If it belonged to Laci at the time of her death, it belonged to Scott when she died. The Rocha's only right was to ask Scott to give it to them to be a nice guy, which it looks like he was willing to do.

It was a burglary, pure and simple, one which the police allowed to occur while they watched. The Rochas had no colorable right to possess the items they took.

Convict him, sue him in court, get a judgment, then take the house and everything in it. Do it the right way, or else it may be your ex-mother in law with a friend in the police force showing up at your door while you are on vacation and saying it's a civil matter while she steals your stuff.

[Chad Fairbanks]

My only concern is the Peterson's are going to try to use this a an appeal down the road,they have already said that they "suspect" the Rocha's could plant evidence against Scott. There is nothing Geragos would not do to win this case, including break Sharon Rocha's hold on sanity.

I don't see that happening, if only because any 'evidence' has most likely been removed by police investigators - I agree, though, that Geregos is scum - But Sharon Rocha could have handled this differently, imho...

[Lanza]

According to the Rocha's attorney, there WAS an agreement to go in last Tuesday, and then Mark Geragoes nixed it. MG even told the Rocha's attorney Thursday afternoon that they were not getting into the house (prefaced with something like "if you want war you got it.").

[RGSpincich]

http://www.sailingacross.com/berk.htm

Scroll down, three page document. : )