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.........

-------------------------------------------------------------------------------------------------------------------------------------------------------

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.........

-------------------------------------------------------------------------------------------------------------------------------------------------

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........

------------------------------------------------------------------------------------------------------------------

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..........

------------------------------------------------------------------------------------------------------------------------------------------------

Superior Court, Stanislaus County November 4, 2003

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

------------------------------------------------------------------------------------------------------------------------

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.

[Canadian Outrage]

I believe Pixley is on Geragos's payroll too. I can't listen to him. The minute he starts to speak I have to switch the channel until he's done.

[Canadian Outrage]

I'm glad he said his relationship with Amber was strictly physical. Because we will now get to hear his own words saying he loves her, wants to spend his life with her, come to Europe with me as I'll be free in mid-January, He wants to have a family with her. I hope Amber gets wind of this one. I don't doubt that Amber can provide some "beef" to this case along with Peterson's own words. And guys, just think of all the lies, they are already too numerous to count. Only people with things to hide lie about everything. Except of course, he's a pathological liar and lies even when he doesn't have to.

[Canadian Outrage]

Jackie, think about what this Defense team has done since the beginning. Can you count how many "theories" they have thrown out that are supposed to be backed up by "real" evidence of "the real" killers? They are pathetic!! In my opinion, they insult the intelligence of any reasonable human being.

[Canadian Outrage]

Precisely clouda!! This disgusting, putrid, entire clan and are a pack of slimeball liars. I cannot tell you how it must pain Sharon Rocha and the rest of the family to have to listen to this crowd. They are all barroom brawling bottom feeders.

[pinz-n-needlez]

It's illegal in Maryland, as Linda Tripp found out. :-(

But I think it's probably legal in lots of other states.

I understood the problem with taping in this case to be that the cops taped some conversations Scott had with his first lawyer. Based on that, I think Geragos is going to try to get them all thrown out.

If Amber did her own taping, Geragos will have to challenge them on some other basis. (And I'm sure he will. Does he get paid for overtime?)

Pinz

[maggief]

Scenario ... if the duct tape recovered with Laci's body matches the duct tape on the missing posters the defense may argue that LE planted the tape on the remains. The defense could contend that LE removed tape off posters that SP personally posted, attempting to plant his fingerprints.

Is this where the defense is heading?

: /

[clouda]

This disgusting, putrid, entire clan and are a pack of slimeball liars. I cannot tell you how it must pain Sharon Rocha and the rest of the family to have to listen to this crowd. They are all barroom brawling bottom feeders.

I agree, and love the way you wrote it. I can't imagine what the Rocha's are going through. That Peterson family loves to rub salt into the Rocha's wounds. Anything for Scott.

[Canadian Outrage]

There's no way to re-produce duct tape that has been in the ocean for 4 months imo!!

[clouda]

Fox just said, no court today. They will continue tomorrow.

My court tv is not coming in.

[Canadian Outrage]

If you look at the Peterson's past actions themselves, well that says it all. None of them were upstanding moral citizens that I can see. And weren't some of the Peterson family WITH Snott in a San Diego STRIP joint just before he was arrested but just AFTER Laci and Connor's mangled bodies were found on the sea shore? I think it would be great if Jackie Peterson were called to the stand and grilled until her oxygen tank blew up!!

[Devil_Anse]

Oh, well now, nothing a quick tap of the "Mute" button can't fix! Although I usually save that for Geragos himself.

You know, I'd even have listened to Geragos, just to hear what he was currently purveying--but I had to resort to the mute button b/c I was really offended by the way he talked over other people, and yammered on, trying to drown out everyone else. He's a pig.

[Canadian Outrage]

Do you think they will call Amber tomorrow afternoon?? or Friday? I would love to have her drop a bomb on Friday afternoon and leave it for the weekend. The media sharks would have a feeding frenzy all weekend!!

[Devil_Anse]

Hey, good point, I'd forgotten about the Viagra.

Maybe when they say "he has a need to sleep with other women", they really mean he has a need to... SLEEP... with other women!

[Devil_Anse]

LOL, well I was wrong when I said the judge wouldn't continue the prelim "one more time" past September. I was wrong when I said hearsay would be used in the prelim. (Though I swear to you, hearsay usually IS allowed in preliminaries!)

So I guess my number finally came up!

But really, it can't be emphasized enough, that when a private individual does intrusive things like taping or eavesdropping, it is totally different (as to criminal cases) than if the STATE or an agent of the STATE does it! She wasn't an agent of the state at the time; arguably, she is still not an agent of the state. (Arguably!)

[clouda]

I hope Amber takes the stand before the weekend. I hope she tells the court about Scott telling her, before Dec 24th, that he was a widower, and had lost his wife the year before.

[Devil_Anse]

That's an interesting thought, about the police maybe having cut a deal with Amber, that is, if she would testify, etc., they wouldn't press charges.

The thing is, though, that it is well-settled law that Geragos must be informed of such deals which the state might make--leniency for a witness, in return for the witness' testimony and cooperation. I am positive that he would have to be told if there had really been a formal deal of that sort cut with Amber.

And we all know that he would definitely have found some way to leak it, if that had been the case.

Generally, also, if the police are going to get someone to cooperate/testify in return for leniency, they will first formally charge the person, then hold off the disposition of the case. And if they had charged her, it would be public record, and reporters would have dug it up by now--since I am sure reporters have done background check after background check on all the main figures in this case.

[Devil_Anse]

I begin to think this was the old story--woman finally makes up her mind she is definitely going to seek divorce; she tells man, or man finds out some other way, and... he kills her.

[RGSpincich]

Like I've been saying, the tapes are not part of the wiretapping scenario and they are legal in California. LE uses tapes such as these on a regular basis.

[Devil_Anse]

He'll say the tapes are not reliable, that the equipment and method used were defective, that she spliced stuff together, that it's not really Scott's voice on the tapes, you name it.

[kcvl]

Does he get paid for overtime?

Geragos is getting paid one million dollars for this case according to Fox News. Scott's parents have mortgaged their home. The Peterson's are said to be livid that he is spending time on the other case and delaying Scott's. lol!