Judge muzzles both sides in Peterson case

Judge Al Girolami's gag order came just hours after another superior court judge, Roger Beauchesne, ruled that eight search warrants in the case should be unsealed.

Two local judges in the Peterson double-murder case came down Thursday on opposite sides of questions on court-imposed secrecy, one issuing a gag order and the other deciding to unseal search warrants.

Also Thursday, an appellate court in Fresno rejected media requests to prevent prosecutors from listening to wiretap recordings of telephone calls between accused killer Scott Peterson and newspaper and television reporters.

Peterson's lawyers presented no evidence of "other suspects" in a June 6 closed hearing.

Much information from wiretaps on Peterson's phones and unidentified sealed documents is likely to be "irrelevant and/or inadmissible."

Citing "massive" media attention, Stanislaus County Superior Court Judge Al Girolami ordered attorneys and investigators on both sides not to talk publicly about most elements of the high-profile case.

The order extends to potential witnesses, law enforcement personnel, legal staff and court employees.

A few hours earlier, Judge Roger M. Beauchesne agreed with Bee lawyers that search warrants served on Scott Peterson before his April 18 arrest should be made public. But he said they will stay under wraps until July 8, the day after a court of appeal ruling on the issue is final and Beauchesne regains jurisdiction.

Prosecutors are seeking the death penalty against Peterson, 30, accused of the murders of his wife, Laci, and their unborn son, Conner. She was eight months pregnant when family members reported her missing on Christmas Eve. Both bodies washed ashore in mid-April along San Francisco Bay.

Both judges had sealed a range of court documents normally open to public review. Autopsy reports and wiretap documents, for example, remain closed despite media-led protests.

At odds are Peterson's right to a fair trial and press and public rights to information. Both rights are protected by amendments to the U.S. Constitution.

"It's a balancing test when you have two very fundamental constitutional rights in conflict," said Stanford law professor Miguel Mendez, who practiced law in Modesto three decades ago with California Rural Legal Assistance.

Prosecutors had favored a "limited" gag order muzzling attorneys, investigators and others close to the case, citing leaks they deem "false, misleading or biased." That was a reversal from April, when prosecutors refused to join Peterson's former lawyers in encouraging a gag order.

Defense attorneys, led by Mark Geragos, argued against any restraint, saying it would prevent them from countering four months of police-issued propaganda against their client. Gloria Allred -- representing Peterson's former girlfriend, a possible witness -- argued against the gag order because it might prevent her client from defending herself against attacks on her character.

And Charity Kenyon, a Bee attorney representing other media outlets as well, argued that judges have other options for ensuring a fair trial, such as sequestering jurors, bringing jurors in from another county or moving the trial.

But Girolami said such remedies may be ineffective in this instance, noting "the national television media has embraced this case with a passion."

"All of the rumors and gossip would be rehashed shortly before trial, thereby making it extremely difficult to select a fair and impartial jury," Girolami wrote.

He imposed a range of sweeping restrictions, including forbidding public comments about the "existence or possible existence of any document, exhibit, photograph or any other evidence" that could be admitted into evidence.

Parties also are directed not to identify prospective witnesses or make statements about the substance or effect of any testimony provided in court.

The order does allow people to quote or refer to public documents related to the case.

Rory Little, a professor at Hastings College of the Law and a former federal prosecutor, said a judge has to carefully oversee a gag order for it to be effective.

"Gag orders require management. You don't just write them and enforce them," Little said.

If there are breaches, gag orders open the possibility for violators to be held in contempt of court.

Explained Little: "The first time you yank somebody in and say, 'See the marshal over there? He's got handcuffs. They're for you unless you can demonstrate the leak didn't come from you.' Leaks seem to stop after that."

Ruth Jones of McGeorge School of Law, a former prosecutor, said gag orders have produced mixed results in the past. For example, news coverage continued practically unabated despite such orders imposed in the cases of Oklahoma City bomber Timothy McVeigh, the Robert Blake murder trial and O.J. Simpson's civil trial.

Gag orders, however, "might change the tone of what people are hearing," Jones said. "They will rely on people on CNN who have no knowledge of the facts of the case."

Girolami's gag order overshadowed the ruling by Beauchesne to make public eight search warrants July 8.

Keeping them under wraps, as requested by prosecutors and defense attorneys, would be "unjustified," Beauchesne wrote in his decision.

Defense attorney Matthew Dalton last week had persuaded Beauchesne to hear evidence of "the real killers" behind closed doors. But, "No evidence on the investigation of 'other suspects' was presented" at that hearing, Beauchesne wrote.>{?

As for prosecutors, Beauchesne wrote that "the entire thrust" of their argument in early April to keep the search warrants secret was to keep from tipping off other possible suspects before Peterson's eventual arrest.

That rationale disappeared, Beauchesne ruled, when Peterson was arrested April 18, particularly because authorities have provided no evidence since that they're investigating anyone else.

Sealing court documents is "the exception, not the rule," Beauchesne noted. He wrote that a "high level of publicity" accompanying the Peterson case "does not justify continued sealing."

Judges issued search warrants for the Petersons' Covena Avenue home, a warehouse Peterson used for his fertilizer sales business, a storage unit, phone records, several vehicles and an envelope found in one of those vehicles.

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Gag Order Issued in Laci Peterson Case
Judge Issues Gag Order in Laci Peterson Murder Case, in Effort to Stop Leaks and Rumors

A judge in the Laci Peterson murder case issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman.

Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumors from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.

The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.

The documents include affidavits by police giving their reasons for the searches and inventories of items seized.

Girolami cited widespread publicity about the case in issuing his order Thursday. Without it, the judge said "rumors and gossip would be rehashed shortly before trial thereby making it extremely difficult to select a fair and impartial jury."

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MODESTO, Calif. (AP) - A judge in the Laci Peterson murder case has issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman.

Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumours from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.

The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.

The documents include affidavits by police giving their reasons for the searches and inventories of items seized.

Girolami cited widespread publicity about the case in issuing his order Thursday. Without it, the judge said "rumours and gossip would be rehashed shortly before trial thereby making it extremely difficult to select a fair and impartial jury."

At a hearing last week, prosecutors had asked for a limited gag order. Defence lawyer Mark Geragos responded that such a ruling would harm his ability to defend his client. He was joined in his opposition by a lawyer for Scott Peterson's former girlfriend, Amber Frey, who is expected to be a key witness, and a lawyer representing newspapers and broadcasters.

Prosecutors and the defence lawyer have opposed the unsealing of the search warrants.

Prosecutors said it could jeopardize their investigation. Scott Peterson's lawyers said it would hurt their efforts to find the real killers. They have suggested a satanic cult may have abducted and killed the pregnant 27-year-old substitute teacher, who vanished just before Christmas.

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June 13, 2003 -- The father of Amber Frey - accused killer Scott Peterson's former mistress - yesterday told the public to get off his daughter's case.

In a letter to the editor of the Modesto Bee newspaper, Ron Frey said Amber and his Marine son Jason are both average citizens who stepped up to do the right thing under trying conditions.

"They both deserve thanks and respect. Instead, when I watch TV shows, I see Amber being attacked and made to look like a bad person.

"So-called experts on these shows - who have never been lucky enough to meet her and who know nothing about her - feel free to blacken her character.

"For her bravery in coming forward and helping police, she has been 'rewarded' by being exploited for other people's gains, not hers."

In another development, the judge in the case issued a gag order, prohibiting all parties from speaking ........

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MODESTO, Calif. (AP) — A judge in the Laci Peterson murder case issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman. Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumors from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.

The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.

The documents include affidavits by police giving their reasons for the searches and inventories of items seized.

At a hearing last week, prosecutors had asked for a limited gag order. Defense lawyer Mark Geragos responded that such a ruling would harm his ability to defend his client. He was joined in his opposition by a lawyer for Scott Peterson's former girlfriend, Amber Frey, who is expected to be a key witness, and an attorney representing newspapers and broadcasters.

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DIGGING: Pete Martin, supervisor of the investigations division at Yolo County district attorney's office, searches a the yard and cabin of a "person of interest" Wednesday at Slater's Court on Olive Drive as authorities served a search warrant at the complex where human remains were found last week. Wayne Tilcock/Enterprise photo

Davis' human-remains mystery deepened Wednesday morning, when local and federal authorities searched the Slatter's Park home of a man whom police are calling a "person of interest."

The 41/2-hour search at unit No. 1 involved some digging in the yard but revealed no additional human remains, Davis police Lt. Jim Harritt said. However, authorities reported confiscating various unspecified items that will be evaluated and analyzed.

Police did not release the name of the resident, who has not been arrested. Investigators interviewed him away from his home Wednesday during the search, which was conducted by Davis police with assistance from the Yolo County district attorney's office, the county coroner's office and the Sacramento division of the FBI.

"We had talked to him previously, and he's been cooperative with us," Harritt said. He declined to say how the man became the subject of police attention.

A knock at the man's door was not answered Wednesday afternoon, and neighbors said they hadn't seen him since that morning. Outside, the only signs of a search appeared to be a freshly filled-in hole to the left of the home and a rectangular slab of concrete that had been overturned near the back.

Slatter's Court residents described the man as being in his mid-20s and say he's lived at the Olive Drive community for several years.

"He's always been quiet," said Donna Murillo, who lives across the street. "Some days he says 'hi,' some days he doesn't. That's the way he is."

Added Murillo's husband, Tony: "He's a little different, but it doesn't mean he's guilty."

News of Wednesday's search once again attracted members of the media to Slatter's Court, which has become the subject of nationwide attention since a maintenance worker found the decomposed and mummified body parts in a plastic bin next to a Dumpster on June 3. Coroner's officials believe the remains are from as many as four different people, both male and female.

The discovery has attracted nationwide media attention, largely due to speculation that the remains are somehow connected to the Laci Peterson homicide case and the defense theory that her death was the work of a satanic cult. Mark Geragos, the attorney representing Peterson's husband Scott, has expressed interest in the remains, although coroner's officials have said the body parts that could potentially be Peterson's appear to be from an older woman.

"We're 99.9 percent sure it's not her," Lt. Harritt said today. "But just to be safe, we need to do a DNA rule-out."

The DNA analysis of the remains is expected to begin today, when the body parts will be taken to a lab in Richmond for DNA extraction, Yolo County Supervising Deputy Coroner Mary Koompin-Williams said. On Wednesday, the remains underwent a preliminary examination by a forensic anthropologist at Chico State University.

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SEDALIA, Mo. (AP) - A shoplifter caused a buzz in a department store restroom and made off with about $60 worth of CDs, perfume, batteries and scissors. The man released a swarm of honeybees in a Kmart restroom, creating a diversion that allowed him to escape, authorities said.

Store security spotted the man shoplifting Monday and followed him to the restroom to confront him. When the worker opened the door, about 100 bees buzzed out.

"He probably started yelling 'Bees! Bees!' or whatever the case may be, then created that big diversion, then got out," said police Cmdr. John DeGonia.

Store employees pulled cans of bug spray off store shelves to kill the bees. No one was stung.

In the meantime, on 48 Hours Investigates tonight(10:00pm est), tells the story of the murder of Donnah Winger by her husband, Mark.

By all accounts from friends and family, they too, had a storybook marriage.

"Borrowed" the tagline from a poster on this thread by Jim Robinson. Figured it was OK to borrow it since JR endorsed, and even 'adopted' the phrase too! It states my philosophy to a TEE! Is Free Republic too "Republican"?

Some like Amber, some don't...

Just a point of clarification, in order to avoid painting with broad brushes like this: I don't like or dislike Amber Frey. I just had an opinion that some comments made about her were baseless and uncalled for.

I've ranted often on here about my feelings about Rita. I will NEVER forgive her for almost causing me to suffer cardiac arrest when she gleefully and erroneously read the SCOTUS decision re: the Presidential election while standing on the steps of the Supreme Court.

Same here, and Lord knows, I've tried to keep an open mind regarding her.

Too breathless, and I can STILL recall the exact moment I heard her erroneous reporting.

Laci Peterson Update!!!!!

Laci and her baby ARE STILL DEAD!!!

We still don't know FOR SURE WHO KILLED THEM!!!

Scott peterson is STILL IN JAIL!!!

Police are still investigating!!!

NOTHING HAS CHANGED SINCE SCOTT PETERSON WAS ARRESTED!!!!!

There is no need for FNC or anyone else to have endless coverage.

But we'll probably know nothing until the prelim....and the actual trial. Fine by me, actually.

That is fine with me, as well. With VERY few exceptions, the only trustworthy evidence will be presented under oath, in front of a judge, and then a jury at trial.

Now there's a gag order!?

There will be plenty of information eventually. Hang on!

As pointed out, as a judge orders items unsealed, they are then available for we in the public to review and discuss. Also the preliminary hearing will be a matter of public record, and THAT is where the real reliable information will begin to be revealed.

As far as information available so far: We can determine for ourselves who is to be believed and who is not and needs more evidence to buttress their claims. I'm thinking that I find the Rocha family credible and the Peterson family not, for example.

I can STILL recall the exact moment I heard her erroneous reporting.

Dittos! I literally screamed. I was in tears. Then came the correction. What an unnecessary, emotional roller coaster ride.

Rita.....if you're lurking, I'm still mad!

I literally screamed. I was in tears. Then came the correction.

I didn't scream, but I gasped aloud "Oh, NO!". I had the remote in my hand already and went to MSNBC and saw Abrams (who I've criticized on this Peterson topic before, but kudos to his coverage that night). I didn't see Rita getting it right until later. Ack!

IIRC....Rita didn't say it wrong....but the interpretation just was not there from the start.....

what she should have reported was what the SC decision MEANT to the election...that is...leave it alone......instead, she read a seemingly negative judgement against the good guys (US!)

Rita didn't say it wrong

This is a paraphrase, but very close to what she said:

"This means Al Gore has won!!! He gets another chance!!!!!"

I can't help but think that the judge might just think of denying that change of venue, all on his own, simply b/c of Geragos' flagrant misuse of the media so far. After all, it would be perfectly legit for the judge to say, "Mr. Geragos, you can hardly complain about a problem you helped to create!" The logic behind this would be sort of like the "clean hands" rule in equity: if you're going to complain about something, you'd better make sure your own hands are clean first.

I want you to know that this very same situation happened a few weeks ago in a murder trial in our area of the country. There had been a lot of publicity (though nothing like in the Peterson case, true.) The defense sought a change of venue; the judge found that the defense had participated in the media hype, and denied the change of venue.

I think the defendant ended up pleading guilty. This was a murder case in which the defendant had killed FOUR people in one incident!

I'd like to hear a few facts, too. I am so sick of the cable channels insisting on presenting everything to do with this case as some sort of "debate". I don't want to see all those slick-tongued, screaming lawyers and experts "debating" some issue which, to me, is peripheral to the facts of the case. I'd rather hear something factual, if at all possible!

To think that we have to go to the tabloids just to get a straight account of anything. (Okay--a straight account that may not be all true, but at least the tabloids just spit it out instead of making everything into a cheap imitation of "Point-Counterpoint".)

The Breathless One on the steps of the US Supreme Court

THE LOSER IS

The heat was on Tuesday night, and Fox News Channel's Rita Cosby got burned.

"This is an incredibly dramatic decision and obviously a big win for Vice President Al Gore," she reported breathlessly as the decision was released.

"There were a number of issues that were before the justices, primarily: Was this a federal issue? Did it violate the equal protection . . . Indeed, that they have decided to reverse the decision . . . From what we're hearing, that would be very positive for Vice President Al Gore."

While the ruling was confusing at first all over the dial, Cosby was the slowest to realize that the election was finally over.

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