For Modesto, Peterson slaying cements dark notoriety

The Mercury News ^ | Oct 27, 2003 | Julia Prodis Sulek

[drjulie]

Looks like Amber will be testifying. I just found this...sorry if it has already been posted.

http://www.modbee.com/reports/laci/story/7656368p-8561883c.html

[Sandylapper]

Thanks, drjulie! Good article!

[Devil_Anse]

I hadn't seen that one--thanks!!

Well, group... less than a day b/f they bore everyone's socks off with arguing those motions... hope they get through with that rapidly and bring on the actual live human beings!

[drjulie]

How long do you think these motions will last? A full day? Does anyone know what time they will start tomorrow? Are you surprised that Amber may testify? Most of the talking heads say that they shouldn't put her on the stand until the trial. I wonder if MG will do a bruising cross examination?

[Devil_Anse]

I assume they'll start tomorrow at 9 a.m. I think the motions will last longer than just one day, especially that mitochondrial DNA business.

The article you posted explains pretty well the pros and cons of actually calling Amber. It points out that they don't HAVE to call her, since hearsay is allowed at this type of hearing, and therefore a police detective could get up there and recount information that Amber told them. Then the article points out that "sometimes prosecutors want to make a show of strength in order to cow the defense." Not an exact quote, but more or less. And also the article says, "Would YOU like to be the prosecutor who held back his crucial witness(es) and then didn't have enough evidence to meet the probable cause threshhold?"

If no probable cause is found, I believe that the state could still prosecute the case, as in sending it to a grand jury. However, if no probable cause were found now, Scott would be freed while the state dropped back and got its act together, perhaps presenting the case to a grand jury.

So I think the state will make sure and present enough this week to ASSURE that the judge has something on which to find probable cause.

[drjulie]

Thank you!

[Velveeta]

So, you have a working title! Certainly a good start.

I can see where one chapter might be titled:

"What you should know (that Snotty didn't) about fishing for sturgeon as an alibi"

"1. Buy bait"

[Velveeta]

Fingers crossed!

[Velveeta]

There you go again, asking logical questions.

Um....um...okay, maybe he only had to tip the boat part-way.

We know he may have been tied to the buoy so the boat wouldn't get away from him. Why would he need to tie up the boat to the buoy if he was going to just dump her and go?

(DO NOT tell me he didn't have any anchors left to simply drop the anchor!)

[Velveeta]

Can you imagine how tough it's going to be for Amber to face him? Not to mention having to deal with Geragos.

[Velveeta]

Would you know, in terms of a percentage, how often is it that a preliminary hearing defendant is NOT held over for trial?

[Velveeta]

Lookie here, I more than funkled!

[Paulus Invictus]

I once thought that Modesto was a quiet little farm town and that our former residence just north in Stockton was the crime center of the US. Then we heard about such Modesto (alleged) perps as Condit, the Sierra killer and Peterson as well as IGore's RAT henchman, Tony Coelho. Stockton's reputation, in comparison, looks somewhat better.

[Devil_Anse]

No, I don't know a percentage. I suppose I could just say that of the ones I've seen and/or participated in, only a small number have failed to be bound over. In making this statement, I'm considering only the prelims where both sides were in fact ready to proceed.

Sometimes, in a drug case, the state fails to have lab work. If they don't get their act together after a couple of continuances, the judge will often dismiss such cases.

[Devil_Anse]

ROFL!!!

(Ah, these nitpicking little details, what's a murderer to do??)

[Devil_Anse]

"Drat! Ran out of anchors!!"

LOL!!

Seems like he'd have wanted to tie up to the buoy just for the sake of stability. Dumping the large, weighted bundle out of the boat would certainly rock the boat. Maybe he just felt safer tying up to, or steadying his boat against, the buoy. Plus, the buoy has a light in it.

[drjulie]

"Can you imagine how tough it's going to be for Amber to face him? Not to mention having to deal with Geragos."

It's going to be a very difficult experience. I hope someone is preparing her emotionally & psychologically. I know many don't like her but I really think she will end up being a sympathetic figure. If Gergaos attacks her it may backfire on him in terms of public sentiment. All that said, I'd sure like to be in the courtroom to see Scott's response (albeit nonverbal) to Amber.

[Devil_Anse]

She's dead. Do they need to drag the remains into the courtroom to prove that?

There were no signs of suicide, and even if she'd had a great desire to go throw herself and her baby into San Francisco Bay, evidence showed her car was sitting in the driveway the whole time, 80+ miles away from the bay.

He had a mistress whom he'd expressed a desire to permanently take up with. They can prove that.

There is no person (that we know of) other than himself who can vouch for his whereabouts during the night of Dec. 23-24, or, for that matter, for most of Dec. 24. Coincidentally, there is evidence he was right near where the bodies later surfaced.

I'd say they were over halfway to probable cause, just with the above proof.