Peterson prosecutors claim wiretap was legal

MODESTO, Calif. (AP) — The judge overseeing Scott Peterson's murder trial will be asked Friday to dismiss the prosecutors assigned to the case and to toss out the results of two wiretaps that monitored thousands of Peterson's calls after the disappearance of his pregnant wife, Laci.

During the court-approved wiretaps, the first of which began two weeks after Laci Peterson vanished when investigators thought they had exhausted normal evidence-gathering techniques, police logged 3,858 phone calls made to her husband, according to court papers.

Some of those conversations will be questioned by defense lawyers who claim prosecutors engaged in misconduct because police eavesdropped on protected conversations between Scott Peterson and his lawyer.

The hearing Friday will also cover requests by more than 20 reporters who want to listen to tapes of their own wiretapped conversations with Peterson. Most of those journalists want those calls blocked from evidence under a state law that protects reporters from revealing unpublished work.

Judge Al Girolami will also consider issuing a gag order to prevent evidence leaks in the case and he may decide whether to release autopsy results of Laci Peterson and her unborn son. Prosecutors have said they support some form of a gag order, while defense lawyer Mark Geragos said in court paper that he opposes any effort to curtail discussions about the case.

Peterson, 30, has pleaded innocent to two counts of murder for allegedly killing his wife, Laci Peterson, and their unborn son. The pregnant part-time teacher disappeared just before Christmas.

Prosecutors said in papers filed Wednesday in Stanislaus County Superior Court that detectives acted in good faith during the wiretaps. Any portions of conversations recorded between Peterson and his lawyer and a private investigator will not be used in court, Deputy District Attorney Rick Distaso said.

A judge approved the wiretap of Peterson's phone Jan. 10 after prosecutors showed there was probable cause to believe a crime was committed and the wiretap would help them gather evidence they had not been able to find through normal means.

A second wiretap was started April 15 after the remains of a woman and fetus, later proven to be Laci Peterson and her unborn son, washed ashore in San Francisco Bay near where Scott Peterson said he was fishing the day his wife vanished.

"It's not unusual to show a change in circumstance and put a wiretap back up," John Goold, a chief deputy prosecutor, said Thursday.

Among the thousands of calls captured in the wiretaps were 69 conversations Peterson had with his previous lawyer, Kirk McAllister, and three he had with private investigator Gary Ermoian. The defense claims police improperly listened to more than 50 privileged conversations with McAllister and one with Ermoian..........

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

June 3, 2003 -- LOS ANGELES - Scott Peterson told a family member he planned to go golfing last Christmas Eve, possibly blowing his fishy alibi for the day his pregnant wife, Laci, vanished, it was reported yesterday.

The Modesto, Calif., fertilizer salesman and murder suspect has always maintained he went fishing in Berkeley on Dec. 24, the day Laci Peterson disappeared from their home.

But on Dec. 23, Scott Peterson told Laci's sister, Amy, that he had firm golf plans for the next day, according to the Fox News Channel.

Peterson went so far as to say he had a tee time Christmas Eve - and even offered to run an errand for his sister-in-law, who works in a Modesto beauty parlor, on the way home, Fox reported.

Peterson was arrested shortly after the decomposed remains of his wife and unborn son, Connor, washed ashore in San Francisco Bay in April.

Peterson's lawyers insist their client is innocent and claim to have several leads on the real killer. They say they are now looking for a man named "Donnie."

Defense sources told Fox that "Donnie" could have ties to drugs, including methamphetamines, and may be the mystery man in a brown van reported in the neighborhood the day Laci disappeared.

Yesterday, the defense also called for sanctions against the Stanislaus County DA's office for tape-recording phone calls between Peterson and his lawyer, Kirk McAllister

The district attorney admitted last week to having tapes of two phone calls Peterson made to McAllister, and a judge ordered them turned over to the defense.

In court papers, lead defense lawyer Mark Geragos said the DA should be punished for the allegedly ethical lapse.......

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

MODESTO, Calif. — The judge overseeing Scott Peterson's (search) murder trial will be asked Friday to dismiss the prosecutors assigned to the case and to toss out the results of two wiretaps that monitored thousands of Peterson's calls after the disappearance of his pregnant wife, Laci.

During the court-approved wiretaps, the first of which began two weeks after Laci Peterson (search) vanished when investigators thought they had exhausted normal evidence-gathering techniques, police logged 3,858 phone calls made to her husband, according to court papers.

Judge Al Girolami (search) will also consider issuing a gag order to prevent evidence leaks in the case and he may decide whether to release autopsy results of Laci Peterson and her unborn son. Prosecutors have said they support some form of a gag order, while defense lawyer Mark Geragos (search) said in court paper that he opposes any effort to curtail discussions about the case.

Peterson, 30, has pleaded innocent to two counts of murder for allegedly killing his wife, Laci Peterson, and their unborn son. The pregnant part-time teacher disappeared just before Christmas.

Prosecutors said in papers filed Wednesday in Stanislaus County Superior Court (search) that detectives acted in good faith during the wiretaps. Any portions of conversations recorded between Peterson and his lawyer and a private investigator will not be used in court, Deputy District Attorney Rick Distaso said.

"It's not unusual to show a change in circumstance and put a wiretap back up," John Goold, a chief deputy prosecutor, said Thursday.

(06-05-2003) - Scott Peterson's defense team has been touting a mystery woman as a key to proving that he's innocent of killing his wife and son. So far the woman's identity is still unknown to the prosecution, but they are taking a closer look at defense claims that a satanic cult kidnapped and killed Laci.

Who is this mystery woman with vital information on the Peterson case and what do we know about her? According to prosecutors, not much.

It appears the defense team may be keeping their star witness a good distance from the prosecution.

Chief Deputy DA, John Gould says he’s asked repeatedly to meet with this woman, but the defense team has yet to bring her forward.

According to the woman, the week before Laci disappeared, she was a victim of a satanic assault by a group driving around in a brown van.

But prosecutors say this mystery woman never filed a police report, and after checking that van thoroughly, investigators never found evidence of a rape.

The woman’s attackers told her they would commit a killing on December 24. And the defense believes the groups next victim was Laci Peterson.

After police tracked down the van on Friday, they sent it to a crime ........................

MODESTO, Calif. (AP)--The judge overseeing Scott Peterson's murder trial will be asked Friday to dismiss the prosecutors assigned to the case and to toss out the results of two wiretaps that monitored thousands of Peterson's calls after the disappearance of his pregnant wife, Laci.

Peterson, 30, has pleaded innocent to two counts of murder for allegedly killing his wife, Laci Peterson, and their unborn son. The pregnant part-time teacher disappeared just before Christmas.

Flip on any of the network morning shows or a 24-hour cable news channel during prime time, and chances are someone is discussing the Laci Peterson slaying.

The coverage has reached such a fever pitch that the judge in the case is considering a gag order that would prevent each side's attorney from speaking to the news media.

But open a daily newspaper outside the San Francisco area -- the victim lived in Modesto, Calif. -- and chances are the story isn't mentioned at all.

The Laci Peterson story is a case study in the difference between how print and electronic media treat stories of women in peril.

On television, the women speak from the grave in home videos and touching snapshots. TV news anchors dissect each detail and vie to interview family members.

In print, though, most of the developments in these stories are dealt with in short news briefs.

The case is particularly enticing for the morning news shows and cable, although People magazine has featured Peterson on its cover, as have the New York tabloids........

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

TV's Beavises and Butt-heads are at it again. So why bother trying Eric Robert Rudolph? Waste of time and money.

You sense in the urgency of this week's TV coverage bouncing back and forth myopically between the Laci Peterson case and Rudolph that he is surely guilty of those bombings in Birmingham, Ala., and Atlanta for which he is charged, most famously the blast in Centennial Olympic Park during the 1996 Summer Olympics.

And piling on, Court TV tonight reruns its "Eric Rudolph: Man Most Wanted" special that "examines the forces that may have driven him to violence" that authorities charge included a 1998 fatal abortion clinic attack in Birmingham.

A reputed menacing zealot, Rudolph was a fugitive for years before his capture Saturday in the forested mountains of North Carolina. And some obsessive media types are staying up nights wondering if anyone helped Rudolph slip through the dragnet that had targeted him for five years.

He may be guilty. He probably is guilty. Bet the farm on this guy being guilty. Yet ...

Cable's rambunctious all-news channels don't, apparently, as they fit Rudolph with a noose like one they tightened around murder victim Laci Peterson's husband, Scott, before he hired an attorney able to spin media opinion to his advantage......................

Important Notice & Order of the Court

Posted on Thursday, June 5 2003 at 5:15 PM PST ----

Late Thursday afternoon, Judge Al Girolami agreed to allow the pool camera crew, Court TV, to setup a special television monitor outside the courthouse for gallery overflow. This means that members of the media who are not able to get access into the court proceedings on Friday morning may view and monitor the proceedings in a designated area on the corner of 11th & I Streets on court property.

It is ORDERED and STRICTLY PROHIBITED for this monitor and it’s audio to be re-recorded, re-broadcast or otherwise recorded and distributed while the hearing is underway. That means NO live cell phones picking up the audio feed, NO videotaping of the overflow gallery, NO long-lens shots from across the street, NO concealed recording devices, NO lav mics on or any other form of retransmission will be tolerated by the court.

If it is determined that a violation to this order occurs, the monitor and it’s audio will be immediately disconnected for the duration of the hearing. Any sustained violation will be considered a violation of the court's order. Future consideration for overflow monitoring for any upcoming proceedings will be disallowed by the court. The Sheriff’s Department will have several plain-clothes deputies closely monitoring this overflow area to ensure the judge’s orders are followed.

Friday's 6/6/03 Hearing Info & Pool arrangement

Posted on Tuesday, June 3 2003 at 8:16 AM PST ----

Seating & Press Credentials

Press credential seating notifications will be e-mailed by 5:00 pm PST on Thursday, 6/5/03.

Friday's hearing (June 6, 2003 at 8:30 am PST)

will have assigned seating in Department 2 of the Superior Court of Stanislaus County. The court will use the same system that has been in place from the beginning. Judge Girolami will hear arguments on the wiretap In Camera hearing and consider a Protective Order in order to guarantee a fair trial.

Larry Flynt on Greta last night had to be one of the most disgusting things I've ever seen. His leering face is even more pornographic that the trash he publishes

I'm trying to figure out what his motivation is. I suspect a bit of being in the public eye again is appealing to him. But to get on TV to say that Amber is unattractive in the photos, that the photographer was a two-bit photographer and laugh uproariously when suggesting that Amber plied her trade as a prostitute was too much for me. And, I might add, Greta was very classy last night ... she sneered repeatedly at Larry's insinuations! Go Greta!

Thanks for pointing me to some of that info, which I think should be reposted here--here's kcvl's article on Mr. Slime--

August 23, 2001

Pay Back

Promoter David Hans Schmidt mouthed off to the cops, the county attorney and Sheriff Joe. He believes it landed him back in jail.
BY ROBERT NELSON

In late June, David Hans Schmidt placed a birthday card on the grave of his infant son Ben, who died eight years ago at birth.

A month later, New Times wrote about Schmidt's rollicking campaign to milk $6.5 million in damages from the county for Jefferson Davis McGee, who had his spleen removed after a protracted drubbing by inmates in county jail who wrongly believed he was a child killer.

Schmidt, marginally famous for brokering deals to get Tonya Harding and Paula Jones topless in nudie magazines, savaged county officials in the New Times story, then posed for the accompanying photo shirtless wielding a medieval battle ax.

He was Braveheart, the County Hunter.

Instead, the hunter became the hunted.

A few days after the story appeared, Phoenix police arrested Schmidt at gunpoint on charges of felony "aggravated domestic violence." His crime: leaving the card on his son's grave the month before.

Clearly, Schmidt is not an angel. He is renowned for his verbal abusiveness. He got caught with marijuana and drug paraphernalia back in 1999.

Schmidt and his attorney, though, say this most recent belated arrest is retaliation for Schmidt's representation of McGee and his rabid verbal attacks on police and county officials.

The catalyst for this retaliation, they say, is the mother of Schmidt's two daughters, with whom Schmidt is embroiled in a ferocious custody battle.

Before the card incident, that custody battle already had spawned three curious charges of harassment and abuse against him.

Then, on June 25, the mother of his two daughters told police the birthday card frightened her because Schmidt wrote on the envelope: "To be opened by Ben's sisters."

Snip

Schmidt's sordid tale is less Braveheart, more a three-ring War of the Roses. He represented McGee, in part, to get a platform to blast Phoenix police and the County Attorney's Office for their handling of accusations made by the mother of his two daughters.

Schmidt was arrested in April on a charge of felony abuse for allegedly hurting his 11-year-old daughter's toe during a late March visitation at his home.

Schmidt apparently was stretching his daughter's toes, which had caused her problems after years of ice skating. The girls' mother say Schmidt wouldn't stop pulling and popping the girl's toes after his daughter asked him to stop.

Snip

Out of jail, Schmidt began rebuilding his public relations business. In June, he began arranging what he says will be his biggest deal ever.

More...

http://216.239.51.100/search?q=cache:YRxlx0JqGN0J:www.phoenixnewtimes.com/issues/2001-08-23/news.html+David+Schmidt,+tonya+harding&hl=en&ie=UTF-8

I've been doing a little googling, looking for a Geragos/Flynt link. I haven't found a direct connection yet, but I found these quotes:

"He [Bush] is the dumbest president we have ever had ... Eventually he will crumble, things will go bad and we will be happy to have Clinton back." -- Hustler magazine publisher and therefore loyal Democrat activist Larry Flynt, believing himself to be more intelligent than President Bush, yet seeming to think Bill Clinton can come back and run for a third term.

"As you well know, there has been almost a relentless focus on Bill Clinton, Hillary Clinton and their families ... to the point where you almost have to say at a certain point, that when people talk about vast conspiracies that you maybe start to believe that there are people out there to get you." -- Mark Geragos, lawyer for Roger Clinton, explaining that his client's DUI arrest was a "frame-up."

(Will we never be rid of these sleazy creeps?)

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.