Posted on 11/05/2003 5:38:27 AM PST by 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
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.
(Excerpt) Read more at modbee.com ...
Didn't I read somewhere that they took Viagra out of the house?
If so he does have a "sexual problem."
He can't get it up.
A hairless fish walks into a bar...
CHRIS PIXLEY, celebrity defense attorney and frequent guest commentator on CNN's LARRY KING LIVE SHOW, agrees that this could be a major breakthrough for the defense. " I'd bet my bouncing Adam's Apple that this will vindicate Scott!" Pixley was rumored to have said.
There is something not right with Chris Pixley. He is very arrogant, and has that "pretty boy" look.
I found this fan club for him. I didn't join, so I don't know what the messages say.
Jackie a classic enabler to her sociopath/narcissist son. She will lie about anything for Scotty. I also think Jackie is a sociopath/narcissist.
This reminds me of the prior comments Jackie has made about knowing things about Laci that Laci's own mother (and family) didn't know. According to Jackie, Jackie knows Laci better than anyone else.
The last minute change in due date. Jackie knew about the changed date.
The selling of Laci's car. Jackie knew Laci didn't like her car.
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.
The whole demented clan denied Scotty's affair with Amber at the beginning. They all said Laci and Scott had the "perfect" marriage. Now they are saying that he is a sex addict, that Laci knew, but put it behind her, and Jackie knew about at least one prior affair. What a bunch of BS
I wish John and Ken would follow that whole Peterson clan around with a bullhorn.
If I am not mistaken it is against the law to tape someone without their knowledge. It appears that Amber does this on a regular basis as per the National Enquirer Article:
6) Little did Michelle know when she said the nasty stuff that Amber was setting her up and was recording Michelle. She then played back the tape for Michelle's husband. The affair ended three months later.
Maybe the police did a plea bargain with Amber. You tell us, all you know/have on Scott and we won't press charges.
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