The Changing Tide in the Defense Of Scott Peterson:

Findlaw.com ^ | June 10, 2003 | Jonna M. Spilbor

[Southflanknorthpawsis]

I think that was a 'wise' response on their part. I'm not sure I could be that fair.

I'm tempted to say that I absolutely could not, but then I have never stood in their shoes.

If they were told to do as advised to help the prosecution of Scott, I suppose they could find that self control.

Still.....it must be very difficult.

[Devil_Anse]

This is interesting, about their subpoenaing the judge.

I can't believe there would be a law in CA that would require a court reporter to be present during proceedings to get a warrant. Such proceedings are allowed to be held ex parte, and having to have a court reporter present would just about defeat the utility of that. Furthermore, getting warrants is often an emergency matter (they might have to get a warrant in a hurry, say, b/f someone destroyed some evidence in a house), and this would make them have to dig up a court reporter, which would take time and might jeopardize the safety of other potential victims of the suspect the police were getting the warrant against.

I mean, the defense might just as well be saying, "you have to notify the suspect of all you are doing to get a warrant against him or his property." What the heck good would a warrant BE, if the suspect were notified about its details ahead of time??

I think the judge/magistrate is there to protect the rights of the suspect, and that in general, that should be trustworthy enough. B/C the judge/magistrate who hears or reads the stated grounds for the warrant is definitely supposed to be an impartial judge/magistrate, who is not in any way on the side of the police. I think that was the way lawmakers decided to try to protect the rights of suspects, while still allowing the police to conduct their investigations with the secrecy required not to tip their hand and allow suspects to flee or destroy evidence.

So I am thinking of about 100 different ways that this subpoenaed judge probably will think of, to quash that subpoena they are serving him with.

[Yaelle]

I just wanted to say thank you for the pings. Sounds like a Geragos flunkie wrote that first article.

[Howlin]

Just from a cursory reading, I'd say Jonna drank the Kool Aid.

[Yaelle]

I mean, even if 98% of women in America HAD wanted The Rapist to come to their house wearing only a G-string,...

Devil! It is early in the morning! PLEASE, with such imagery! Yechhhhh...

[Velveeta]

Oh, well. I guess it figures that they would be cautious, while the trial's still pending.

Their restraint has been admirable. I'm curious as to how much of the evidence the Rocha's are privy to. Their body language indicates (to me anyway) that they are completely convinced.

Speaking of "lingo" I heard the other day that teens refer to being sexually active as "being busy".

[Velveeta]

...They all but said they know he did this, but I'm sure were told not to say it explicitly

They do look confident that the one man Satanic Cult will be held accountable.

[Velveeta]

And the autopsy, too

My secret wish is that the autopsy describes remnants of Laci's nightgown....

[Jackie-O]

Whenever Katie asked questions like that they said they were not going to go there...protecting the integrity of the case agains Snott, they want justice.
I take Malox chewables!

[Yaelle]

If OJ walked. Scott is a free man. No way Scott Peterson is convicted.

Not the same thing after all. In OJ, there was first and foremost jury nullification. Marcia Clark picked WRONG. The minority jurors decided early on that if the rich white man can get away with all his crimes, it's the black man's turn now. I am not sure how many were even listening to the evidence testimony.

Second, those who were listening to the evidence testimony, which was exceedingly damning (DNA and blood evidence), must have been fed up with the thoroughness of the experts, and come to the conclusion that it was all a bunch of science mumbo jumbo.

Third, you need a court jester defense team who will spout rhymes and over-the-top displays to emotionally connect with above-mentioned moronic jurors.

Fourth, you need a witness or cop who will perjure himself in court over a racial slur which could be perceived as being against the defendant, and he should be the one who has found a crucial piece of evidence.

Fifth, it would be nice to have a camera-crazy judge who loves every second of his televised trial, and can be heard wisecracking with the defense counsel from behind a clock-covered bench...

I don't think Geragos is quite up to that. All he has done so far is to try and plant doubt in potential jurors' minds with such outlandish stories that the doubt may end up being whether Geragos is sane.

[Velveeta]

I can't believe there would be a law in CA that would require a court reporter to be present during proceedings to get a warrant. Such proceedings are allowed to be held ex parte, and having to have a court reporter present would just about defeat the utility of that.

How is it normally done? I know the proceeding is transcribed at some point. Can the judge or LE use a tape recorder and have the proceeding transcribed at a later date by a court reporter?

[Jackie-O]

MG will stop at nothing to throw out those tapes...that evidence will co-oberate Amber's testimony. He is doing his best to discredit her already, getting the tapes thrown out is just another part of his plan to try and make Snott's affair with her irrelivant, a non-motive...

[Howlin]

I've been a court reporter for over 20 years and I have never heard of a CR being in the room when a warrant was issued.

[Howlin]

One thing I should have added: I've never been involved in a death penalty case.

[Jackie-O]

Hergus you are awesome! I missed some small portions of the interview due to my local cable co. cutting in every 10 mins. to do an Emergency Broadcast test! :0(

[finnman69]

There was so much evidence that OJ did it it was truly obscene that he walked. It appears so far there is zero evidence that Scott peterson did kill Laci. There is so far really slim evidence that he could have killed Laci.

I don't expect him to be convicted.

[justshe]

There was so much evidence that OJ did it it was truly obscene that he walked. It appears so far there is zero evidence that Scott peterson did kill Laci. There is so far really slim evidence that he could have killed Laci.

I don't expect him to be convicted.

---

You can say that AFTER the OJ trial because you now KNOW what that evidence was.

We haven't SEEN the evidence in this case yet.....have we?

[runningbear]

could be, but wait to hear when July 16th comes rolling in.... ;o)

[runningbear]

;o)

[runningbear]

Added...;o)