Peterson attorney asks about hair, fish story

The Modesto Bee ^ | Nov 5, 2003 | John Cote' and Garth Stapely

[runningbear]

Peterson attorney asks about hair, fish story

Peterson attorney asks about hair, fish story

Detective Jon Evers leaves court after Tuesday’s hearing. AL GOLUB/THE BEE

Detective Jon Evers testifies before Judge Al Girolami during the Peterson preliminary hearing on Tuesday. LAURIE McADAM/THE BEE

By JOHN COTÉ
and GARTH STAPLEY
BEE STAFF WRITERS

Last Updated: November 5, 2003, 04:06:43 AM PST

A defense attorney for Scott Peterson suggested in court Tuesday that police planted evidence to frame him. Attorney Kirk McAllister peppered Modesto police Detective Jon Evers with questions about evidence handling at Scott and Laci Peterson's Covena Avenue home on Dec. 24. Evers, a patrolman at the time, was one of the first officers to arrive after Laci Peterson's family reported her missing.

McAllister appeared to take aim at police Detective Al Brocchini, who is scheduled to testify today in Peterson's preliminary hearing on double-murder charges in the deaths of his wife and their unborn son, Conner.

Prosecutors are seeking the death penalty for Peterson, 31, a former fertilizer salesman.

Taking the stand in Stanislaus County Superior Court on the hearing's fifth day, Evers testified about a mispositioned throw rug, which could bolster a police theory that Peterson's body was dragged out of her home on Dec. 23 or 24.

Evers also said a fellow officer told him that Scott Peterson did not know what he was fishing for in San Francisco Bay on Christmas Eve. He told police that he went fishing that day and his wife was gone when he returned to their home.

Today's proceeding might be delayed because lead defense attorney Mark Geragos planned to remain in Los Angeles, where he returned Tuesday to address jury questions in another murder case.

Geragos said late Tuesday that he anticipated being back in a Los Angeles courtroom this morning but could arrive in Modesto by the afternoon.

While questioning Evers on Tuesday, McAllister suggested that Brocchini had an opportunity to handle evidence Dec. 24 without other officers noticing.

"We weren't attached at the hips, no," Evers said.

McAllister asked Evers if he saw Brocchini leave anything in Peterson's pickup or boat. Evers said no.

He described the Peterson home as one that appeared ready for the arrival of Christmas and a baby, but one that authorities believe was a cleaned-up crime scene.

Gifts were piled under a decorated Christmas tree, Evers said. The nursery featured a crib and mobile.

Nautical theme in nursery

Scott and Laci Peterson had decorated the room with a nautical theme in anticipation of the boy's birth in early February, friends and family have said.

Also in the nursery, Evers confirmed, was a life preserver decoration bearing the message

"Welcome Aboard" -- a dark reminder of the demise of mother and son.

Their bodies were recovered in mid-April along the shore of San Francisco Bay, a few miles from where Peterson told authorities that he went fishing alone Dec. 24.

Authorities contend that Peterson dropped his pregnant wife's body in the bay after ferrying it out in a boat that he secretly bought in early December.

Brocchini is at the center of a pitched legal battle over a single piece of hair found attached to pliers in the boat.

The defense is using a number of tactics to try to keep the hair out of court, arguing against the reliability of a DNA test showing that it might have come from Laci Peterson but not her husband.

In court documents, the defense contends that Brocchini and another detective mishandled the hair, because the officers reported that they found two hairs rather than a single strand when they checked out the hair from the evidence room.

Prosecutors contend that the hair broke in the evidence bag.

Evers said he saw the throw rug bunched up against a doorway leading to a driveway at the Peterson home on Christmas Eve, but failed to mention it in his report. Prosecutors might try to show that a body dragged out of the house could have rumpled the rug.

Peterson acknowledged that the rug was out of.........

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Peterson Trail Notes

Peterson Trail Notes

Last Updated: November 5, 2003, 04:06:44 AM PST

DAY 5 SUMMARY

Defense attorney Kirk McAllister suggested in court Tuesday that police planted evidence to frame Scott Peterson.

Modesto police Detective Jon Evers testified that he saw a throw rug bunched up against a door frame, which could support a police theory that Laci Peterson's body was dragged out of the house.

Evers said he did not smell bleach when he entered the home and didn't notice any moisture on the floors, undercutting a prosecution theory that someone cleaned the home after the house cleaner worked there Dec. 23.

UPCOMING.........

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Officer testifies to condition of Peterson home

Officer testifies to condition of Peterson home

VIEW LARGER IMAGE

Artist rendering of Det. Jon Evers testifies before Judge Al Girolami during Scott Peterson's preliminary hearing, Tuesday, Nov. 4, 2003. DDA Distaso, Defense attorney Pat Haris and defense attorney Kirk McAllister with Scott Peterson at his right, observe. Courtroom Sketch by Laurie McAdam/The Bee

By GARTH STAPLEY and JOHN COTÉ
BEE STAFF WRITERS

Last Updated: November 4, 2003, 05:22:01 PM PST

12:27 p.m., PST: While responding to a missing person report on Laci Peterson Dec. 24, Modesto police officer Jon Evers saw a throw rug scrunched against a doorway leading to a driveway at her Covena Avenue home, Evers testified late this morning.

Prosecutors may hope to show that a body dragged through the doorway could have rumpled up the rug. They believe Laci Peterson, who was almost eight months pregnant at the time, was killed Dec. 23 or 24. Testifying on the fifth day of Scott Peterson’s preliminary hearing, Evers also clarified that officer Matt Spurlock told him at the house that Scott Peterson couldn’t say what he was fishing for in the Bay Area on Christmas Eve.

Peterson, 31, is charged in the slayings of his pregnant wife, Laci, and their son, Conner. Prosecutors are seeking the death penalty. Questioned late Dec. 24 about the mispositioned rug, Scott Peterson told Evers that a dog or cat may have been playing there, Evers said. Last week, a house cleaner testified that she didn’t see pets in the home on any of the four times she worked there. But, she said she filled a water bowl in the house that appeared to be for a pet. Under cross-examination by defense attorney Kirk McAllister, Evers admitted that he noted nothing about the rug in his written police report, nor did he amend the report later. Evers said he was in a hurry when writing the report but mentioned the rug’s position to Det. Al Brocchini.

McAllister earlier today suggested that........

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Police Officer Testifies In Peterson Hearing
Officer Was First To Respond To Peterson Home

Police Officer Testifies In Peterson Hearing
Officer Was First To Respond To Peterson Home

POSTED: 11:46 a.m. PST November 4, 2003
UPDATED: 12:31 p.m. PST November 4, 2003

MODESTO, Calif. -- A Modesto police officer took the stand Tuesday morning as the preliminary hearing in the Scott Peterson double-murder case entered its fifth day.

Jon Evers was the first officer called to the Peterson home on the day Scott Peterson reported his wife, Laci, missing.

Evers testified that he saw a bucket with two mops in plain view in front of the home. He also said he did not smell bleach or other cleaning products inside the home.

The testimony counters a prosecution theory that Peterson mopped the floors with bleach after killing his wife inside the home.

Evers said that Peterson, who said he had been fishing that day in Berkeley, told officers that he didn't know what kind of fish he had gone after.

Testimony also covered the warehouse where Peterson's boat was stored.

"When Scott Peterson went to the warehouse where the boat was with police officers, he told them that the electricity was out. Actually the electricity appears to have been on, so the supposition is maybe he was hiding something ... he didn't want the lights to go on because he was afraid the police might discover something," NBC legal analyst Paul Pfingst said.

Defense attorney Kirk McAllister handled the cross-examination Tuesday because lead defense attorney Mark Geragos had to return to Los Angeles to deal with another case.

Tuesday was to be the final day of the preliminary hearing, but instead it is now expected to stretch into next week..........

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Superior Court, Stanislaus County November 4, 2003

Minute Order: Preliminary Hearing
(ie; Fifth day court provided overview)

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Peterson's Lawyer Questions Police Handling of Evidence

Peterson's Lawyer Questions Police Handling of Evidence

During Scott Peterson's preliminary hearing Tuesday morning, one of his attorneys suggested police might have planted evidence to frame Peterson.

Kirk McAllister raised questions about the way police handled evidence when searching Peterson's boat and home.

At issue is a single strand of hair that was attached to pliers found in Peterson's boat. Prosecutors say DNA analysis shows the hair did not come from Scott Peterson but may have come from his wife, Laci. The hair could link Laci Peterson's body to the boat. Prosecutors will likely argue that Scott Peterson used the boat to dump his wife's body into San Francisco Bay.

Tuesday morning, Detective Jon Evers recounted his experience as the first patrolman to arrive at the Peterson home after Laci Peterson was reported missing. McAllister asked Evers if he saw Detective Al Brocchini put anything in Peterson's boat or pickup. Evers said he did not. McAllister then asked him if he was with Brocchini the entire time they were searching the house and Peterson's warehouse. He said they were not.

In court documents, the defense contends Brocchini and another detective mishandled the evidence. They say at first one hair was discovered and put in an evidence bag. Later two hairs were found in the bag. The prosecution contends the hair simply broke while being transported in the evidence bag.

Evers also testified that he saw cleaning supplies in the Peterson home, but he did not smell bleach or any other cleaning agent. The testimony is considered a counterpoint to a possible prosecution argument that Peterson cleaned and mopped the kitchen after killing his wife.

[runningbear]

Excerpted online news of the Prelim hearings of Scott Peterson:

"Weds Court at 9am

Posted on Tuesday, November 4 2003 at 2:39 PM PST ----

Day 6 of the Scott Peterson Preliminary Hearing on Wednesday, November 5, 2003 will begin at 9:00 am in Department 2. Those with courtroom credentials must be in the courtroom and seated by 8:45 am (PST).

A new court document is now available online. For details, click on "Court Docs" and download the following document:

1. Minute Order: Preliminary Hearing (ie; Fifth day court provided overview) PDF (30 KB)

Media Parking Lot Map

Posted on Sunday, October 26 2003 at 3:47 PM PST ----

A detailed map indicating the designated parking spaces for satellite trucks, microwave vehicles and crew cars for the upcoming Peterson Preliminary Hearing is now available online. Go to http://www.pressupdate.info/prelim and download this map....

[runningbear]

Pinging..... latest news from Day 5 hearing...

[runningbear]

Pinging..... latest news from Day 5 hearing...

[runningbear]

Pinging..... latest news from Day 5 hearing...

[maggief]

Sorry if this is duplicate.

November 4, 2003 transcripts found here:

http://websleuths.com/forums/showthread.php?s=&threadid=1881&perpage=25&pagenumber=4

(Thanks for the pings, rb.)

[Constitution Day]

[Tijeras_Slim]

:-D

[MEG33]

Looks like rush to judgement,tunnel vision,tainted planted contaminated evidence,crooked cops,botched investigation,and pictures of Laci in Scott's cell will be the defense.How'd I do?

[runningbear]

that is okay... I fell behind some anyhow.. always good for refreshing me minds.... ;o)

[mtbopfuyn]

He's gonna walk if this is what they're basing their case on. A maid who's been there 4 times when she filled pet bowls but never saw a pet - real observant, not. Then claims she put the bucket in the laundry - hmm, she never saw a pet and anyone could have moved the bucket even supposing the bucket was there in the first place. Around here, if a rug wasn't rumpled it'd be suspicious. Now the prosecutors are pressing the hair angle but aren't getting a piece of Laci's hair from the body, her brush, the sink drain, her closet, her clothing, or a hundred other places around the house, or ask her mother for her baby book because most mom's keep their baby's hair. As for the hair being in a pair of pliers in the boat, well that's still not proof. My hair gets into everything and everywhere so much I wouldn't be surprised to hear it was mine in those California pliers. And they're making a big deal out of SP not knowing what type fish he was hoping to catch. Hello, whatever bites the worm is what I fish for so that argument fails. Duct tape is common but that's the only thing the prosecutors have at this time, imo, and then only if they can get a fingerprint. If they can't get a fingerprint or a confession, the only way he'll get convicted is the jury not liking his smirks.

[Devil_Anse]

Thanks, runningbear!!!

[Velveeta]

Here comes the Geragos inspired Clintonista defense!


http://www.foxnews.com/story/0,2933,102164,00.html
Peterson Had Several Affairs, Relatives Say


MODESTO, Calif. — Scott Peterson has admitted to family members and friends that he cheated on his wife, Laci Peterson at least four times with different women, Fox News has learned.

One relative, who does not believe Peterson is guilty of murder, described him as a sex addict.

"He has a sexual problem and has a need to sleep with other women," the relative told Fox News.

Scott Peterson's family has contended that his wife was aware of the affairs, and that although she would get angry she'd eventually put them behind her. Peterson's mother has told relatives and friends that she knew her daughter-in-law was aware of at least one affair, and that she once saw the couple arguing over it....(snipped)

[Devil_Anse]

I bet somewhere there's a Stanislaus Co. jailer who is thinking to himself, "Yeah... but he didn't tell them that he covers up those pictures of his wife during the hours he's awake..."

[MEG33]

It's like the letters written about his tears..a PR ploy.

[maggief]

"McAllister asked Evers if he saw Brocchini leave anything in Peterson's pickup or boat. Evers said no."

Is the defense suggesting planted evidence??? It should be interesting today. I think Det. Brocchini is the next witness.

[Devil_Anse]

"sex addict"

Oh, please. I'm expecting to see Dolly Kyle Browning pop up on the TV any minute now.

Why do the media and other phrase-mongers keep inventing this garbage and throwing it at us until we get so used to hearing it we start using it in our own conversations?

As to their having argued about another woman, in Jackie P.'s presence, someone else pointed out that earlier, Jackie P. was quoted as saying that they never argued.

[Devil_Anse]

"He had a need to sleep with other women," says the article.

"Honey, it's not my fault! I have a NEED to sleep with other women!" Yet another great line added to the repertoire of cheating husbands everywhere. ("You've done us a great service, Scott!" the cheating husbands said, as with one voice...)

[Jackie-O]

Thanks for the ping rb.
I was just reading thru last night's LKL and I just don't get this goofy defense team..
Why did they go thru days of testimony and cross-exam to claim the MTDNA is unreliable, contaminated, or could be someone other than Laci's hair???
Now they're going to turn around and say that the hair and pliers were planted by LE?? Rediculous! They are trying veeerry hard to get this single piece of hair excluded...

[Devil_Anse]

Thanks for posting that LKL transcript, Jackie! I read it, since I missed the pleasure of seeing Johnnie Cochran and the rest.

Chris Pixie better not crow too much yet about Evers not having smelled bleach; who knows what the 80 million other people who entered the house that night smelled?

[Jackie-O]

Pixie is starting to get too big for his britches lately, eh? If he is ever in the same studio with Nancy, I think he might be able to take her. He's either on steroids or a testosterone cocktail. ;o)