Scott Peterson To Appear In Court Today

MODESTO, Calif. -- A court appearance is scheduled today for Scott Peterson, the California man accused of killing his wife, Laci, and their unborn child.

One issue is whether search warrants related to Peterson's arrest should be unsealed. Three newspapers are asking a judge to make the documents public.

There may also be discussion of wiretaps placed on Peterson's phone. Documents related to the wiretaps have also been sealed.

Peterson's attorney may also seek to have the trial moved from Modesto to another location.

MODESTO, California (CNN) -- Nearly a month after Laci Peterson disappeared, her husband, Scott, spoke on the phone with his mistress, according to recently released court documents.

Laci Peterson disappeared December 24, resulting in a widespread search that included the San Francisco Bay, where her body and that of her child were found in April.

A phone call between Scott Peterson and Amber Frey, a massage therapist from Fresno, was intercepted January 20 by investigators working the case of the missing pregnant woman, court documents said.

In the conversation, which occurred about 10:10 p.m., Peterson told Frey that he had hired a private investigator, according to the documents.

The documents do not say how long the two talked or whether they discussed anything other than a private investigator.

"I reviewed this interception and noted Scott Peterson had told Amber Frey he knew that the National Enquirer had hired a private investigator because his private investigator had told him that the National Enquirer tried to hire him," Stanislaus County investigator Steven Jacobson says in a 13-page affidavit, released Friday.

"This was the first time I was made aware of the fact that Scott Peterson had an unidentified private investigator working on this case."

Four days later, Frey said at a police news conference that she had been having an affair with Peterson. She said the affair began November 20 and that Peterson had told her at the time that he was single.

The search for 27-year-old Laci Peterson, who was eight months pregnant at the time of her disappearance, ended in early April when her body, and that of her fetus, washed ashore near the Berkeley Marina, where her husband had told police he launched his boat for a fishing trip Christmas Eve.

Peterson, 30, is awaiting trial on murder charges in the deaths of his wife and unborn child. He could face the death penalty if convicted.

Peterson insists he is innocent, and his attorneys have been looking for other witnesses and suspects.

Defense attorneys have interviewed a Peterson neighbor who reported seeing a man in the neighborhood that he considered suspicious the morning Laci Peterson disappeared.

The neighbor reportedly saw the man in a tan van minutes before he saw a "very pregnant woman" walking her dog a few blocks away.

The man, who had previously told his story to CNN, said Friday that attorneys had asked him not to speak further with the news media.

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May 27, 2003 -- Scott Peterson called his girlfriend five or six times a night after she went public with their affair and while the investigation into Laci Peterson's disappearance deepened, it was reported yesterday.

"Do I need to be afraid of you?" Amber Frey asked Scott, according to a wiretapped phone call.

Scott allegedly had trouble answering. After saying "Ah, ah," he paused and continued:

Fox News Channel reported the contents of the calls that were recorded by police, citing a source close to Frey, 28.

The details came to light on the eve of another court appearance by Peterson, set for today.

Peterson was charged with the murder of Laci, 27, and their unborn son, Conner, after her body washed up last month on the shores of San Francisco Bay.

The remains were found not far from where Scott Peterson told police he had been fishing the day she disappeared, Christmas Eve.

Fox News Channel cited the source as saying Peterson used at least three different cell phones to call Frey and repeatedly pressed her to see him after their affair was disclosed in January.

The source said Frey was also aware calls to her cell and home phones were being intercepted by cops.

The source said Peterson managed to have expensive jewelry delivered to her - and the method and place of delivery could be important in the investigation of Peterson.

Scott Peterson was later detained by police near the Mexican border with what was described as a large sum of money and his brother's passport.

Meanwhile, KCBS radio reported yesterday that Peterson's lawyers are challenging how the dozens of phone transcripts were amassed.

The defense team says the Modesto Police Department also illegally listened to phone calls between Peterson and his lawyers.

Last week, defense lawyers said they interviewed a Peterson neighbor who claimed to have seen a suspicious man in tan van in the neighborhood on the day of Laci's disappearance.

Divers, helped by high-tech sonar, hunted for additional evidence in the bay since May 16 but were halted at the end of last week and it was not clear if they would continue after the Memorial Day weekend.

Investigators refused to say what they were seeking, but published reports said Laci's autopsy said some of her body parts were missing.

Release of calls argued today in Peterson case

Snip it

Release of calls argued today in Peterson case

By JOHN COTÉ
BEE STAFF WRITER

Published: May 27, 2003, 05:54:36 AM PDT

A Stanislaus County Superior Court judge is scheduled to hear arguments today on a range of issues surrounding the case against Scott Peterson.

They include whether to release to attorneys the recordings of Peterson's telephone calls and whether to keep autopsy reports and arrest warrant documents from the public. The hearing is to begin at 8:30 a.m.

Peterson is accused of murdering his pregnant wife, Laci, and the couple's unborn son, who was to be named Conner. The 30-year-old fertilizer salesman has pleaded not guilty. He could face the death penalty if convicted on both counts.

Prosecutors have asked Judge Al Girolami to review recordings of three phone calls between Peterson and members of his defense team. Investigators said they inadvertently monitored the calls while tapping two of Peterson's phones, including a cell phone.

By law, conversations between an attorney and client are private. Defense attorneys said they want copies of all recordings. They said they will con-sider a range of actions, including asking to have the charges dismissed, if prosecutors obtained privileged information.

Prosecutors maintain that they complied with state law and monitored only brief portions of the calls.

"No substantive information was obtained" from any of the three calls, according to court documents prosecutors filed Friday.

Prosecutors are asking Girolami to review recordings of the three calls to determine if they contained privileged communication. If he determines that they do, prosecutors want him to release recordings of all calls to the defense.

Prosecutors want Girolami to release to them the remainder of the recordings. Those include calls between Peterson and his parents, journalists and Amber Frey, a massage therapist from Fresno who said she had an intimate relationship with Peterson.

Investigators intercepted 71 calls between Peterson and members of his defense team.

An investigator in District Attorney James Brazelton's office supervised both wiretaps and listened to all calls, but prosecutors did not, according to the documents.

Those documents say that investigators intercepted 69 calls between Peterson and Modesto attorney Kirk McAllister.

McAllister represented Peterson during much of the investigation and is part of a defense team headed by Los Angeles attorney Mark Geragos. Investigators intercepted two calls between Peterson and an investigator working for McAllister.

Twelve journalists, including four from The Bee, have asked to review calls to Peterson that prosecutors intercepted. State law protects reporters from disclosing confidential sources and unpublished material to prosecutors. A hearing on that request is scheduled for June.

A consortium of newspapers, including The Bee, San Francisco Chronicle, Los Angeles Times, San Jose Mercury News and Contra Costa Times, is asking Girolami to unseal autopsy and coroner's reports for Laci Peterson and the couple's unborn son.

Under state law, the documents are public records after the reports are completed.

Girolami ordered the records conditionally sealed May 15 at the request of prosecution and defense attorneys.

He also conditionally sealed the affidavit in support of Peterson's arrest warrant, which lays out investigators' cause for the arrest; a post-arrest search warrant; and extensions from two earlier search warrants. The newspapers also are asking for those records.

Another issue that could come into play today is a defense motion to move the trial.

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For the record view the 31 pdf doc page filed for today's hearing

Press Release on today's hearing, filed May 23rd

Here is a list of Media assigned today for reporting:

"POOL VIDEO / PHOTO / AUDIO DETAILS

A pool camera/recording arrangement has been authorized by Superior Court Judge Girolami. The following news entities have been designated. Please contact them for specific details about their images/video/audio.

Court TV will be the designated video pool. Contact Rosann Lucadamo at (212) 692-7875 or lucadamor@courttv.com. The court has ruled there will be no live video feed from the courtroom while the hearing is underway.

The Modesto Bee - will be the designated still photograph pool. Contact Al Golub at (209) 578-2322 or agolub@modbee.com for details.

Clear Channel/KFBK Radio, Sacramento will be the designated radio pool. Contact Chris Filippi at (916) 929-5325 or ChrisFilippi@clearchannel.com.

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