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.

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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."

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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

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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.

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MOM'S MOVING MOMENT

MOM'S MOVING MOMENT

By HOWARD BREUER and MARSHA KRANES

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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.

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[Devil_Anse]

There's a point. A little ol' gag order wouldn't stop Geragos from putting out what he wants to put out, through his many friends in the media... betcha!

[Devil_Anse]

I think there's a statute in CA that prevents a person convicted of murdering someone from inheriting from the deceased.

[Devil_Anse]

Scott might not be her sole heir, Jackie! Here's hoping he's not.

[Devil_Anse]

Now I remember. I saw most of that special. I remember telling Janie Weintraub "SHUT UP!" Don't think she heard me, though. How the HELL would SHE know if "the prosecution is reponsible for all the leaks"???

[Devil_Anse]

Not in his mommy's lap--in Amber's lap! Didn't count on Amber having a conscience and a breaking point of her own.

[Devil_Anse]

Just off the top of my head, I can think of one thing that was leaked that wasn't in the sole custody of the prosecution--the info from the autopsy report.

[Devil_Anse]

Now cut that out, Jackie! The boy was obviously heartbroken--just look at the pics of him from the candlelight vigil, one week after Laci was last seen!

He probably was barely able to swing a golf club. Brave, how he kept trying anyway.

[Devil_Anse]

Thank goodness you're here! We were all so lost, just reading all the media reports... such as the one that said the Petersons told the defense counsel they could stay in the house while in Modesto.

[Devil_Anse]

Of course they'd get full, unexpurgated versions. I don't think the prosecution wants to lose this case just yet.

[Devil_Anse]

Yeah, if he is acquitted, he can have all the stuff he inherited from her. He can then go on his merry way, having learned a valuable lesson: murder is not necessarily cheaper than divorce, even when child support is added in.

[Devil_Anse]

Yeah, GrandMoM--why'n't you say something sensible, like a one-line post that says "The DA is a moron"?

[Devil_Anse]

Oh, but Sandy, pardon the crudity, but screw Geragos!! If some civil action is to be taken against the jeweler for giving the jewelry to Sharon, you don't think Geragos is going to handle that, too--without getting paid?? Is the monetary value of the jewelry enough that the Petersons are willing to pay Geragos to sue over it?

Geragos is in there as the criminal defense attorney--and we still don't know how he's really getting paid, but you bet he IS gonna get paid--and now Geragos is presumed to be handling all sorts of separate collateral legal snafus for these people, the Petersons. But from what I've seen of Geragos, he isn't going to be handling all those separate matters unless there's something substantial in it for HIM.

If you meant, Geragos would be all over what the jeweler and Sharon did, in the criminal trial--I think the only attention the jury would be allowed to give this jewelry matter would be to determine whether Laci was wearing the jewelry at the time of her death, and whether the person who killed her (whoever THAT may be) killed her in part for her jewelry.

[Devil_Anse]

Good points; glad to hear from a CA attorney. So many questions. How does community property pass in CA, as a general rule?

Yes, Geragos can be a jerk (he can force himself) and go after the Rochas for everything they took; however, I don't think Geragos will be a jerk unless he is well-paid for it! I think he probably has a separate, higher, scale of fees for "jerk"-level representation!

And yes, he could try a suit against the police, but good luck with the immunity provisions. AND I wonder if, given the DA's refusal to entertain a prosecution of the Rochas, Geragos might claim that the DA cannot fairly prosecute this case?

[Devil_Anse]

Did you get all darkled following the path?

[Devil_Anse]

"Sharon can go in there any time she wants to!"--Jackie Peterson.

[Devil_Anse]

Hope he remembered to take the fingers out of those rings before he did whatever he did with them!

[runningbear]

'o)

Where did ya go all weekend?.. LOL>>.

[runningbear]

Chad debates very hard....lol.> He is good isn't he?....LOL... Chad makes you go on all angles, and he still can come up with a new one, now that is one tough guy to debate.... ;o)

Yeah, but it is now pa se...heehee...

[Devil_Anse]

Ahhh... thank you, clouda, for the scoop!

Well, what're we waiting for? Let's go ahead and give the Mother Teresa Award to Mark Geragos, Man of Compassion!

Oh--and looky there, there's Geragos making another one of those press statements that poster said he wasn't making!