Geragos Wants D.A. Held In Contempt

KTVU News ^ | UPDATED: 8:25 a.m. PDT June 22, 2003

[runningbear]

Geragos Wants D.A. Held In Contempt

Geragos Wants D.A. Held In Contempt

POSTED: 8:33 p.m. PDT June 20, 2003
UPDATED: 8:25 a.m. PDT June 22, 2003

MODESTO, Calif. -- Scott Peterson's lawyer asked a judge Friday to find the Stanislaus County district attorney in contempt, alleging the prosecutor violated a gag order by saying he planned to present evidence at a public hearing that "might open some eyes."

District Attorney James Brazelton "hit the trifecta of prosecutorial misconduct" when he told a reporter that he would seek an open preliminary hearing for Peterson in the killing of his pregnant wife, Laci Peterson, and their unborn son, defense lawyer Mark Geragos said in papers filed in a Modesto court.

Brazelton told The Modesto Bee he chose not to present evidence to a grand jury in closed session so he can show the public evidence amassed against Peterson and end the rumors and speculation swirling around the case.

"The longer this drags on, the more stories get bandied about out there," Brazelton told the Bee. "About 95 percent is pure fiction and fabrication. By putting on a prelim, they're going to see some stuff that might open their eyes."

Stanislaus County Superior Court Judge Al Girolami issued a gag order last week aimed at silencing lawyers, witnesses and investigators in the case to prevent gossip and evidence leaks that could make it difficult to find fair jurors.

Peterson, 30, who has pleaded innocent to two counts of murder, could receive the death penalty if convicted.

With the gag order preventing him from speaking publicly, Geragos has filed motions containing sharp rhetoric.

He used the word "brazen" or "brazenly" four times to describe Brazelton's conduct and said it should "shock the court's conscience." He also referred to the prosecution's "almost pathological trampling of this innocent defendant."

"One would be hard pressed to imagine how much more disdain one could express for the order of this court when Brazelton utters, 'We spend all our time running down this phony baloney stuff they throw up,"' Geragos said.

The district attorney could not be reached by phone Friday to comment. A spokesman said in a message recorded Thursday that the office was not making any comments due to the gag order. Brazelton spoke to the Bee on Thursday.

Geragos filed a similar contempt claim last week against the attorney for former Peterson mistress Amber Frey, who is expected to be a key witness. Frey's attorney, Gloria Allred, said she is not subject to the gag order and said Geragos is trying to silence her for speaking to the news media.

In other court filings, San Francisco authorities are fighting an effort by Scott Peterson's lawyers to connect Laci Peterson's death with the killing of another pregnant woman whose body was found in San Francisco Bay.

San Francisco police said there is no link between the Peterson killing and last year's slaying of Evelyn Hernandez -- and they asked a judge Thursday to dismiss a subpoena to view the investigation file.

"I do not believe that there is any information in the file that could link the death of Ms. Hernandez with the death of Laci Peterson," homicide Inspector Holly Pera wrote in an affidavit.

Hernandez, a 24-year-old single mother, disappeared in May 2002 with her son, Alex, one week before she was to deliver a baby boy. Part of her torso and maternity clothing were found July 24 on the San Francisco side of the bay.

Defense lawyer Kirk McAllister said in a May 29 subpoena that the Hernandez case could point to "the actual perpetrators" in the death of Peterson, whose remains washed ashore on the east side of the bay in April.

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'Never again' in wake of Chandra rings hollow with Laci coverage

'Never again' in wake of Chandra rings hollow with Laci coverage

Sunday, June 22, 2003 Posted: 10:58 AM EDT (1458 GMT)

MODESTO, California (AP) -- When CNN legal analyst Jeffrey Toobin showed up in town to add his voice to the Laci Peterson murder case, he didn't expect he'd be just one of many reporters.

As Toobin reported on a routine hearing -- a judge refused to unseal an autopsy report and considered a gag order and arguments about wiretaps -- he was standing in front of one of 28 TV cameras outside the small courthouse.

"Of the cases that I've covered, only O.J. (Simpson) had more cameras," Toobin said. "And unlike the others, this one is more mystifying in the core of its appeal because no one is a celebrity."

After the September 11 terrorist attacks knocked the names of Chandra Levy and Rep. Gary Condit out of the news, some media executives pronounced that an entire summer would never again be devoted to covering the case of one missing woman.

Things have not only not turned out that way, but after a full winter and spring covering the killing of Peterson and her unborn son, reporters have returned to Modesto -- Levy and Condit's hometown -- in droves for a story that has talk show hosts, tabloids and the national news media hanging on every development -- no matter how small.

Barring another national tragedy, there's little question that the case of Scott Peterson, the fertilizer salesman husband accused of killing his pregnant wife and their unborn son, will dominate broadcasts and headlines this summer.

"The media shows all the symptoms of an addict, all the way down to denial," said Matthew Felling of the Center for Media and Public Affairs, a nonprofit research group. "Despite their protestations and navel gazing they are and remain scandal-story junkies, waiting for the next fix. They'll swear backward and forward that they're going to get better but restraint is lost with the opportunity to go one more time into the abyss."

Despite the large volume of what he calls very important news, ABC News Vice President Jeffrey Schneider said the Peterson story is one of those that captivates people's attention.

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Jeffrey Toobin: Wiretap strategy shaky

Jeffrey Toobin: Wiretap strategy shaky Peterson defense goes after judge who OK'd phone taps

Wednesday, June 18, 2003 Posted: 9:02 AM EDT (1302 GMT)

CNN legal analyst Jeffrey Toobin

CNN) -- An upcoming hearing in the Laci Peterson murder case will focus on the issue of the prosecution tapping suspect Scott Peterson's phone.

Defense lawyers have now subpoenaed the judge who gave the approval for those wiretaps, and they charge the judge violated rules governing a capital murder case. CNN legal analyst Jeffrey Toobin recently spoke with CNN anchor Bill Hemmer about the issue.

TOOBIN: Let's rip the defense in the Laci Peterson case again. What do you say?

HEMMER: How about it?

TOOBIN: What happened was, in California law, there is a provision that says if it's a death penalty case, you have to have a court reporter present at all times on all proceedings. A fair rule. No problem.

But these wiretaps were subpoenaed, took place -- they were approved by the judge in February -- before there was even an arrest in the case. So the judge had no reason to order a court reporter being there.

It was just an ordinary course-of-business wiretap. They didn't know it would be a death penalty case. They didn't even know there would be an arrest in the case. But because there is no transcript, they are subpoenaing the judge to get him to testify.

HEMMER: So, but under California law, can this be retroactive? Can you rework the rules or not?

TOOBIN: That's what the defense is trying to do. And in fairness to the defense, what they are doing is they are pushing in every way. The best defense is a good offense. We know that, all the time.

So they are trying to put the prosecution on trial, trying to call the judge to testify because there is no transcript of what he said.

HEMMER: So they want a piece of this judge, then?

TOOBIN: They want a piece of the judge. I mean, it takes -- I think it's interesting. You have Mark Geragos, who's a lawyer from Los Angeles who's not based there in Modesto [California]. I think a lawyer who was in Modesto might be a little hesitant to subpoena a judge because, after all, you live in that community. But Geragos says, no, let's go subpoena the judge, full speed ahead.

HEMMER: You almost said something. It takes what?

TOOBIN: It takes...

HEMMER: Guts?

TOOBIN: It takes guts. Yes, guts. It takes spirit, let's say. I don't know. There's a word I'm thinking of that I probably shouldn't use.

HEMMER: How aggressive a move is this for the defense? If you're Mark Geragos and you're trying to defend your guy and he's up for capital murder, don't you want to try and pull out all the stops you can?

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Ignoring our own Laci Petersons

Ignoring our own Laci Petersons

E.J. Montini
Republic columnist
Jun. 22, 2003 12:00 AM

You could make the case for our national obsession with the murder of Laci Peterson if there were no one else like her. You could make the case for our ghoulish fascination with her lying husband, Scott, and his publicity-seeking mistress if there were only a couple of other sick and sinister love triangles in all the 50 states. You might even be able to make the case for our fixation on Peterson if there were only a few cases like hers in every big city.

But how do you explain our creepy preoccupation with Peterson when in every major city of every state in America there are dozens, even hundreds of cases not much different?

"I wish that the TV stories about this poor woman's murder, which seem to be airing just about every single night, talked a little more about how this is part of a bigger problem," said Laura Maddock, a local woman who lived through a murder attempt by her husband. "It's like we want this to be a fictional TV show instead of a real problem. But it is a real problem. And there are many, many real victims."

Arizona has averaged nearly 100 domestic violence deaths a year over the past three years. Last October, a woman here was murdered by her husband, who then killed himself, on the first day of Domestic Violence Awareness Month. The state has ranked as high as second in national surveys measuring the rates of females killed by males. And that doesn't take into account a woman like Maddock, who wasn't killed, only crippled and left to fend for herself.

"The shooting wasn't the end for me," she said. "It was the beginning."

One sunny day last October, Maddock's husband, Brian, stood calmly outside their home in Gilbert, staring through a window at his wife, who sat at the kitchen table with her back to him. He slowly raised a .357 Magnum revolver, aimed at Laura, and fired.

"I'm thankful every day that I didn't die, because I wouldn't want to have left my daughter alone," Laura said. "But not dying doesn't mean that your life isn't ruined, because it is."

Brian Maddock pleaded guilty to attempted second-degree murder and was sentenced to 19 years in prison. Laura is in a rehabilitation home, paralyzed from the chest down, learning to live life in a wheelchair.

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SF Fights Effort To Link 2 Murder Cases

SF Fights Effort To Link 2 Murder Cases

Police Say No Link, Want Subpoena Dismissed

POSTED: 10:12 a.m. PDT June 20, 2003
UPDATED: 10:43 a.m. PDT June 20, 2003

MODESTO, Calif. -- San Francisco authorities are fighting an effort by Scott Peterson's defense lawyers to connect Laci Peterson's murder with the killing of another pregnant woman whose body was found in San Francisco Bay.

FeedRoom

Peterson Lawyer Connecting Cases

San Francisco police said there is no link between the Peterson killing and last year's slaying of Evelyn Hernandez -- and they asked a Stanislaus County Superior Court judge Thursday to dismiss a subpoena to view the investigation file.

"I do not believe that there is any information in the file that could link the death of Ms. Hernandez with the death of Laci Peterson," homicide Inspector Holly Pera wrote in an affidavit.

Defense lawyer Kirk McAllister said in a May 29 subpoena that the Hernandez case could point to "the actual perpetrators" in the death of Peterson, whose remains washed ashore on the east side of the bay in April. Defense lawyers have vowed to find the real killers and have suggested that a satanic cult may be to blame.

Hernandez, a 24-year-old single mother, disappeared in May 2002 with her son, Alex, one week before she was to deliver a baby boy. Part of her torso and maternity clothing were found July 24 on the San Francisco side of the bay. The boy was never found. Police are treating the case as a homicide.

Turning over the investigation file to Peterson's lawyers could jeopardize the case by revealing witnesses and tipping off the suspect, Pera said.

Hernandez's killing received little attention until family members complained of the disparity between the amount of news coverage the Peterson case was receiving while their case languished.

The cases have some parallels because both women were due to deliver sons, their bodies were found in the bay and the fathers-to-be were considered the primary suspects.

While Scott Peterson, 30, has been charged with two counts of murder in the killings of his wife and unborn son, no arrest has been made in the Hernandez case. Peterson has pleaded not guilty.

Evelyn Hernandez

[Velveeta]

Thanks, RB. Looks like nothing new so far this week. Things should pick up after Thurdsday's hearing. Geoffrey Feiger seems to think that Geragos is sticking his neck out by ticking off the judges in this case. Don't you wonder if McAllister regrets his decision to join Geragos?

[Wednesday's Child]

Morning RB.
Joey Buttafuoco.....perhaps Long Islands biggest embarassment.
It really is very slow in the news department:(

I'll check back in a while.

[Canadian Outrage]

A fan club ??? - OH PULEEZE!!! Where do all these lunatic women come from????

[STOCKHRSE]

Hi Vel....;-)

If I were defending Scott, heaven forbid for both of us, I would agitate the hell out of judges if I though they were against my client. They sealed search warrants illegally in this case to mention just one thing.

First, these judges are in trouble with the feds ie.60% overturn rate. They are in no position to make arbitrary revenge decisions when they know the Appeals Courts are watching. An make no mistake they are "keyed" in.

Second, maybe just maybe I could get one of them to make a fatal mistake to cinch an overturn on appeal. A lot of politics is playing out here.

Say what you will but "Gergi" has already done almost the impossible with public opinion turnaround. Mcallister is going to benefit from this and besides he had to "go along to get along". He now has national repute, and lawyers love that.

Mcallister did the leg work on witnesses and locals MPD would not or could not do ie..He found out the pregnant look-alike ADA with a dog named Mckenzie, who police said witnesses saw on Christmas eve morning instead of Laci, was not pregnant(she had delivered 2 mts.before Christmas). He got her statement that she *did not* walk her mckenzie that morning. In fact she did not walk at all. She went shopping

The significance? Whether the witnesses saw Laci or not that morning, no matter, MPD misled or was incompetent in investigating the eyewitnesses evidence or so it appears at this point to this poster. I hope MPD can explain this to the Appelate Court, but I doubt it, b/c sources tell me the only evidence trumping eyewitness testimony in priority is a confession.

This is serious business because that evidence is/was potentially exculpatory for Scott and obligatory for MPD to handle properly(there are special rules)so I am told. Another possible appealable offense! Not to mention MPD and Brazelton's office were caught(sworn testimony) mishandling witness information in a recent case(See Ca. vs Mouser in prior posts).

Make no mistake "Gergi" *will* put MPD on trial and MPD has made it too easy for him IMHO. The honest and competent cohorts in that dept. not withstanding.

The problem is,of course, Laci and Conner, if SP did them, are lost in all this "gobble goop". Worse, if somebody else did them, MPD has wasted precious time and money by "selective" prosecution of Scott(see prior posts). I hope this is *not* the case. A lot of good people,who have worked so hard following leadership, *deserve* better IMHO.

Has anyone wondered why LE has not embraced the eyewitness testimony since the ADA is out of the picture, or is it just me. I mean, Scott could easily have grabbed, or had someone grab Laci, during or after the walk, killed her, and then dumped the body. I *think* I know the reasons,and I think the defense, McAllister to be specific, will address them at trial. Depending on how this issue is handled and by whom, it could be pivotal.IMO

I still think Scott complicit,but he very well may walk in 10 years or less "real time". Proceural screwups in every physical evidence phase has eliminated Capital Punishment eventually, a jury verdict not necessarily withstanding.IMHO

Sorry for going on so, y'all , just trying to stay in shape for the main event.....:-0)

[Velveeta]

I wish you were defending inmate Peterson! That would be a really good show (I just said that with my best Ed Sullivan impersonation voice)

I did read the Mouser case that you had linked and it's disconcerting to say the least. Not being a legal eagle myself, I found it odd that a lawyer would want to pee in the judge's Wheaties. Geragos will go back to LA and talk shows, but McAllister has a reputation in Modesto to uphold and I find it odd that McAllister is buying into these tactics.

[Jackie-O]

Hey Ray, whaddaya say!
There is no doubt in my mind that Geragross WILL put MPD on trial...then he will attack the States Star wittness frothing at the mouth...eventually and inevidably he will step on Laci's memory too. All of his wild theories building up to pre-trial have basically made him a laughing stock, so why not take a page out of the Dream Teams script for getting a not guilty plea for a murderer???

[Jackie-O]

Thanks for the pings, rb! Your a living doll!!

[STOCKHRSE]

Yea Jackie, but regardless what "gergi" does, all the defense has to do is deliver on that promised "connective" evidence in the house and he does life anyway...(Ray wonders why he is so worried)

[cyncooper]

Deborah Mathis of Gannett News Service

For those who may not be familiar with her name...

[Canadian Outrage]

Yikes!! She sounds like total "loser" as all lieberals are!!

[EllaMinnow]

Wow - 1999! You are GOOD!

[runningbear]

LOL... sweet...

[runningbear]

or staying on to help scaughty... ;o)

[Jackie-O]

Thursday should be an interesting day, rb...complaints from MG about violations of the gag order against Allred and Brazelton being heard....

[Sandylapper]

Has anyone wondered why LE has not embraced the eyewitness testimony since the ADA is out of the picture, or is it just me. I mean, Scott could easily have grabbed, or had someone grab Laci, during or after the walk, killed her, and then dumped the body. I *think* I know the reasons,and I think the defense, McAllister to be specific, will address them at trial. Depending on how this issue is handled and by whom, it could be pivotal.IMO

Intereting post, Ray, and thanks. Believe that many posters have debunked the lady's "eyewitness" testimony by virtue of her own husband's statement; i.e., he was surfing TV channels at the time looking for a bowl game that wasn't on TV on the 24th when she told him to look. Is that the eyewitness you're talking about?

[Jackie-O]

John Walsh is on LKL ripping on Snotty...Larry is probably having a cow during the breaks!!

[Canadian Outrage]

Jackie I just watched The Abrams report on MSNBC. Did you see it?? They had Brad Saltzman from the Red Lion Hotel on. He has defintely chosen sides in this case. Not really that hard to see which side lacks class. I couldn't get over Abrams tho, going on and on about a change of venue. I'm in British Columbia and I know as much as most CA folks. Why both with the change of venue? Also, I do NOT want Geragos to get on home turf in LA.!!

[Canadian Outrage]

Sandy I don't give any credit to the eyewitnesses either. First the Mitchell's problem is obvious by the DEFINITIVE statement given by the husband which turned out to be dead wrong. But there are the others who all had Laci walking down different streets at the same time. Then there is the fact that Laci's girlfriends said as early as Dec. 14th Laci had swollen ankles and trouble breathing. There is absolutely NO WAY Laci went for a walk that morning on that bumpy rough path. Laci had already passed away and was with the fishes by the time Snott said "she was missing"!!

[Canadian Outrage]

Good I'll watch the second showing of LKL!! It's a wonder Lee or Jackie Peterson didn't arrive by broom and crash the interview!!

[Canadian Outrage]

I wouldn't mind seeing Snotty get Life in Prison at all. I doubt the spoiled, pampered little pansy couldn't take it. Anyway in California they literally end up doing life before an execution is carried out anyway, if at all!! I know you said that a whopping 60% of death penalty convictions are being overturned BUT the appeals court in California is probably stacked with ultra liberals who don't even believe in the death penalty. That's way too high to be just "errors at trial in law"!!