Judge Rejects Prosecution Request to Unseal Peterson Autopsy Results
Source: kcbs
Publication date: 2003-06-06
(KCBS/AP) - The judge in the Laci Peterson murder case has ruled that the autopsy results on Peterson and her unborn son Conner will remain sealed. He also declined to issue a gag order on the lawyers involved.
KCBS reporter Bob Melrose said the Stanislaus County judge did grant the release of the death certificates, but all contact information for witnesses and family members will be blacked out.
Prosecutors had asked last week that the autopsy results be unsealed after news leaks of the autopsy results. Among the details reported were that 1 1/2 loops of plastic were around the fetus' neck.
Analysts said the autopsy results could be used to bolster a defense argument that Peterson was kidnapped by a satanic cult.
Peterson's husband, 30-year old Scott Peterson, has pleaded not guilty to two counts of murder for allegedly killing his wife and son.
The defense also asked that the judge dismiss the prosecutors assigned to the case and throw out wiretapped phone calls.
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.
They discontinued the surveillance Feb. 4 after it no longer produced results.
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.
Some of those conversations will be questioned by defense lawyers, who claim police eavesdropped on protected conversations between Scott Peterson and his lawyer.
The judge gave the defense more time to make its case in that situation and plans to rule on the motion later this month.
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.
Prosecutors said they haven't heard tapes of the calls and don't know what was said, but that police said nothing substantial was overheard.
The judge also rejected requests by reporters to listen to wiretaps of phone calls they made to Scott Peterson.
Attorneys representing 22 reporters had asked to review to tapes of their calls to Peterson so they could determine if they might be barred from becoming evidence.
The lawyers said those conversations were protected under the California Shield Law, which protects reporters from turning over unpublished work. They claimed the wiretaps are the same as journalists' notes.
But Stanislaus County Superior Court Judge Al Girolami said he did not think journalists were entitled to any privilege protecting their phone calls. He did, however, delay for 10 days the release of the tapes.
June 6, 2003 hearing results
Posted on Friday, June 6 2003 at 12:03 PM PST ----
Information provided by Michael A. Tozzi, Executive Officer, Superior Court:
A hearing was held this morning in Department 2 of the Superior Court, Judge Al Girolami presiding on the following issues:
1. Discovery matters
2. Defense motion re sanctions
3. Access to the audio tapes of the wiretaps
4. The autopsy report and its release
5. Protective Order
As to Number 1: Due to the fact that defense had not received all of the necessary materials, no hearing was held on Defense motions for sanctions.
As to Number 2 & 3: A hearing date of June 26, 2003 at 8:30 a.m. in Department 2 was set on access of the audio wiretaps to the media. A portion of the June 26, 2003 hearing will be held In-Camera. The Court ordered audio and wiretap information regarding attorney-client contact to be turned over to the Defense and to the Prosecution but not to the media. The Order for the discovery was to be implemented on or before June 17, 2003 at noon. The Defense was also ordered to file a motion on or before June 23, 2003 if the Defense was opposed to media access to the 69 tapes.
As to Number 3: The Court ordered that the order given on May 30, 2003 was to remain in full force and effect. In other words, the autopsy report remains sealed.
The Court ordered the Contra Costa County Sheriff/Coroner to turn over all information regarding the autopsy report to the District Attorney and to the Defense saying, “Withhold nothing”. The Court also allowed the release of the two death certificates which can be made public.
As to Number 4: The Court heard comments of counsel and took the matter under submission.
The dates of July 9, 2003 for Further Pretrial and Media Coverage, and July 16, 2003 remain calendared although there was some discussion regarding a possible reset of the July 16, 2003 date.
A copy of the Minute Order regarding today’s hearing will be placed on this website late this afternoon.