Detective: Laci Peterson's body dressed in tan pants, contradicting

SFChronicle.com ^ | 11/14/2003 | Brian Melley

[runningbear]

Detective: Laci Peterson's body dressed in tan pants, contradicting husband's account

Detective: Laci Peterson's body dressed in tan pants, contradicting husband's account

BRIAN MELLEY, Associated Press Writer Friday, November 14, 2003

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(11-14) 12:31 PST MODESTO, Calif. (AP) --

A police detective acknowleged Friday that he didn't follow up on a tip from a woman who claimed to have seen someone resembling Laci Peterson in a park on the day her husband says she disappeared.

Under cross-examination by attorneys for Scott Peterson, Detective Philip Owen said he didn't pursue the tip because he didn't think it was "going in the right direction."

Peterson's attorneys have suggested during the preliminary hearing, in its ninth day Friday, that detectives zeroed in on Laci Peterson's husband as a suspect, and ignored other leads.

Owen said he didn't feel the woman's tip was credible because it conflicted with other information detectives had received.

The woman, an employee at the Stanislaus County Hospital, told police she saw a woman who resembled Laci Peterson walking a barking golden retriever in the park near the Peterson home at around 10:45 a.m. on Dec. 24. The tipster reported that two men walking near the woman told her to shut the dog up.

On Thursday, Karen Servas, who lived near the couple, testified that she found Laci Peterson's golden retriever wandering in the street at "approximately 10:18 a.m."

Scott Peterson told police that he last saw his wife, who was eight months pregnant, on the morning of Christmas Eve as he left to go fishing.

Laci Peterson's remains washed ashore in San Francisco Bay in April, just three miles from where her husband said he'd been fishing that day.

On Thursday, Owen said Laci Peterson's body was clad in tan pants -- not the black pants her husband reported she was wearing when he left on his fishing trip.

The pants matched a pair bought on Peterson's account at a Modesto maternity store, Owen said. Her half sister, Amy Rocha, testified she was wearing tan pants Dec. 23 -- the last time anyone other than her husband reported seeing her alive.

Prosecutors contend that Peterson killed his pregnant wife later that night or early the next morning and then dumped her body in San Francisco Bay.

Owen was the third policeman to take the stand in Stanislaus County Superior Court to determine whether the 31-year-old fertilizer salesman is tried on murder charges in the slayings of his wife and unborn son.

Detective Al Brocchini, the first detective on the case, wrapped up his third day of testimony Thursday, revealing more details about what led police to keep their focus on Peterson.

On three days in early January, undercover police officers trailed Peterson to the Berkeley Marina -- the place he said he launched his boat to go fishing........

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'TEE' TWIST IN LACI-SLAY ALIBI

'TEE' TWIST IN LACI-SLAY ALIBI

By HOWARD BREUER

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November 16, 2003 -- MODESTO, Calif. - Avid golfer Scott Peterson not only told his sister-in-law about his plans to play golf the day he allegedly murdered his pregnant wife and dumped her off his fishing boat - he had a reservation at the course that he never used, The Post has learned.

"He had a tee time of about 9 a.m. or 9:30 on Dec. 24, and he never called to cancel it. He just didn't show up," said an insider at the Del Rio Country Club, where Peterson bought a $25,000 membership months before Laci's Christmas Eve disappearance.

The club discreetly booted Peterson out after the public began to suspect he killed his wife.

"He was such an avid golfer," the insider said. "It seems unusual that he didn't show up. It seemed that something else intervened."

Although Peterson's preliminary hearing on double-murder charges enters its fourth week tomorrow, witnesses have so far offered no testimony that Peterson went so far as to book a tee time at his golf club.

In recent court testimony, witnesses testified that, when Scott reported Laci missing Christmas Eve, he told police that he had planned to play golf Dec. 24 but he decided that morning it was too cold so he went fishing by himself at the Berkeley Marina.

Prosecutors and defense attorneys are not allowed to discuss evidence with the media because of a gag order. Officials at the upscale country club have repeatedly refused to discuss Peterson.

On Dec. 23 - the last time family members saw Laci Peterson alive - Scott told sister-in-law Amy Rocha that he planned to play golf the following day.

University of Washington law professor Lis Wiehl........

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SCOTT SIGNALS AMBER ALERT

By HOWARD BREUER

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November 15, 2003 -- MODESTO, Calif. - Scott Peterson's defense may subpoena his former mistress Amber Frey in a bold gamble to put the prosecution's ace witness on the stand early, lawyers close to the case said yesterday. It became clear last week that the prosecution would not call Frey as a witness during Peterson's preliminary hearing on charges that he murdered wife Laci Peterson and their unborn son Connor. That hearing is now in its second week.

But when Peterson is eventually tried, Frey could supply damaging testimony about her extramarital fling with Peterson, and provide crucial motive evidence.

Defense lawyer Mark Geragos refused to confirm or deny a report by the Fox News Channel that he's issued a subpoena for the blond massage therapist. But the lawyer said yesterday he has the right to make Frey testify.

"If I want her, they [prosecutors] have to produce her," Geragos told The Post.

A legal analyst said the defense could benefit from the unconventional move.

"Up to now, it's always been believed she'd be damaging to the defense, but maybe Geragos has something on her - he was clearly upset when the prosecution said they weren't going to be calling her," said Fox News Channel legal editor Stan Goldman, a law professor at Loyola Marymount University in Los Angeles.

"I spoke to Mr. Geragos and he told me no final decision has been made," said Gloria Allred, Frey's lawyer. "There will be no decision on that until at least Monday.

Even then, she added, "the defense will still have to show .......

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Judge may accept DNA evidence

Judge may accept DNA evidence

Last Updated: November 14, 2003, 03:41:00 PM PST

3:37 p.m., PST: Judge Al Girolami is leaning toward allowing mitochondrial DNA evidence in Scott Peterson’s ongoing preliminary hearing, the judge said this afternoon.

But he agreed to hear one last argument from each side. Girolami did not say if he intends to issue a ruling when court adjourns for the day at about 4 p.m.

A subhearing on mitchondrial DNA testing has been woven into the larger preliminary hearing since it began Oct. 29. The Peterson proceeding is breaking new ground because mitochondrial DNA analysis has never before been used for forensic evidence in California courts.

Two FBI experts have testified that such testing is accepted in the scientific community, while a defense expert said it is unreliable and vulnerable to contamination.

The issue is important to both sides of the Peterson case. A prosecution theory relies on a test showing that a hair found in Peterson’s boat could have come from his pregnant wife; authorities say the defendant could have used the boat to transport his wife’s body.

Peterson is charged with murdering Laci Peterson and their unborn son, who was to be named Conner.

Girolami, however, said he has “issues” with the relatively small database used by the FBI for mitochondrial DNA analysis. It has only 5,071 samples, with only 1,833 from Caucasians.

Also this afternoon, defense attorney Mark Geragos appeared to suggest that a hair from Laci Peterson could have attached to a tracking dog in her home, then fell off in the boat when officers asked the dog to try picking up the missing woman’s scent.

The hair has taken center stage of a legal battle, with disputes over whether it broke in two while in police custody or whether another hair was introduced into the original sample.

Rodney Oswalt, a state Department of Justice criminalist, acknowledged under questioning by Geragos that he did not conclude that two fragments were parts of the same hair.........

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Superior Court, Stanislaus County
November 14, 2003

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

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Officer tried to trap Peterson Detective testifies that he prodded suspect's friends, mistress for clues.

Officer tried to trap Peterson Detective testifies that he prodded suspect's friends, mistress for clues.

Bee News Services
(Published Thursday, November 13, 2003, 9:40 AM)

MODESTO -- A detective who spent Christmas Eve questioning Scott Peterson and the next four months trying to find his missing pregnant wife testified Wednesday about how officers enlisted Peterson's friends, neighbors and mistress in the effort to snare him.

Detective Al Brocchini said he called friends of Scott and Laci Peterson to point out news articles about his extramarital affair and a $250,000 insurance policy Peterson took out on his wife. The insurance policy information later turned out to be inaccurate.

The officer said he asked neighbors to provide tips and tried to get friends to prod Scott Peterson for details about what happened to his wife.

The remains of the 27-year-old substitute teacher and her unborn son washed ashore in San Francisco Bay in April only a few miles from where Peterson said he was fishing Christmas Eve when she vanished.

At one point, Brocchini made a note that he "was attempting to plant the seeds of suspicion" in the mind of a friend of Laci Peterson's.

The testimony came as the defense continued cross-examining Brocchini, the first detective to investigate the disappearance of the pregnant woman. The defense has claimed investigators focused suspicion on Peterson and failed to catch the "real killers."

Defense lawyer Mark Geragos also renewed his claim Wednesday that investigators neglected to notify him of surveillance tapes of the Peterson home. He called the failure "a problem of monumental proportions" and said it could lead to a request to dismiss the case.

Brocchini said he took part in discussions with other officers about themes that mistress Amber Frey should discuss with Peterson to coax a confession from him during phone calls she was secretly recording.

Brocchini said he gave Frey a tape recorder Dec. 30 and bought equipment at a Radio Shack store to help with her taping. Investigators hoped Peterson would not realize she was cooperating with them, the detective said.

Laci Peterson's mother and brother, Sharon and Brent Rocha, also ......

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[Devil_Anse]

Oh wow, oh wow, the door where the rug was!! Thanks, hergus!! Quite a LOT of pictures, too!!

[Sacajaweau]

I'm thinking about him washing his fishing clothes, too.

My machine takes about 40 minutes and my dryer about the same. So he finds the dog, Laci's purse and keys but no Laci, makes ONE? phone call to relatives AND THEN SHOWERS AND WASHES HIS CLOTHES?? before checking with neighbors.

No, Scott should have been found in his fishing clothes even if they were wet (which they shouldn't have been.) They should have been still warm in the dryer when the police arrived also.

[drjulie]

Thanks for posting those pictures on your website!

[drjulie]

"So I conclude that sometimes those mean old police have a reason for not giving us in the public all sorts of tidbits to chew on."

I agree - I had never heard this story about DF. What an idiot! I suppose she was just acting as a politician. On a related note....why do you think the DA put on this prelim as opposed to the grand jury? I posed this question a few days ago and then I heard James Hammer (SF DA) ask the same thing last night. Initially, I thought they were doing it force a plea (i.e., show so much evidence that the Peterson family will go for a plea for LWOP). Now I'm confused. They really haven't presented much that we didn't already know and what they did present is forensically very weak. We at least need something besides a hair on pliers connecting him to the disposal of the body (e.g., fingerprints on duct tape). I'm scared that he is going to be acquitted, especially with JoEllen Dimitrius selecting the jury. Maybe we'll hear something good today....

[runningbear]

Ray....LOL.. No, I don't think I will have more kids, mine is old enough and still a handful at 23 yrs, and so is his. .... lol. Thanks for your kind thoughts!

Busy! Well, just snipping off all the ends, and reconnecting them anew! ;o)

[runningbear]

hummm, haven't thought of a bachlorette party... Now that is the ticket!! :o)

Lots to do, and excited too! Thanks much!

[runningbear]

LOL.... oh yeah, my car...Zipping in the 'fast' lane... . ;o)

Funny talking about a tiara. I was/am sooooo tempted to buy that Frederick's of Hollywood costume and where that instead! Tease!!!

[runningbear]

Thank you....;o)

[runningbear]

Well, forgive me?.... ;o)

[runningbear]

LOL.... I am in process to connect 'his' pc too! ;o)

[runningbear]

Thank you.... ;o)

[runningbear]

met a fine heck of a man one day and bam, in the fast lane since!

Words are unexplainable!

Making a potential date late Dec this year! Yes, much time has been preparing his home, and now mine for sale to buy another one, starting a-new. ;o)

[runningbear]

ROFL.... ;o)

[Hatteras]

"If it's to cold to play golf it's to cold to sit in a boat on a windy bay."

Disagreeing here. There's no such thing as a bad day fishing.

[juzcuz]

Last Night I read some of the testimony.
The expert stated that Laci's body had panties on and tan maternity type pants on. Duck tape was found attached to the pants from the top waistband down and extended around to the back of the croch area.

My question is, where did the baby exit? Maternity pants waistbands rise above the top of the naval. Also, when in the 8 month of pregnacy isn't the baby turned with head pointing south and feet up around the naval area when in the uterus? I'm trying to imagine how Connor could have been born feet first and gotten around through all of the clothes?

[Devil_Anse]

Yes, I remember when you asked that question, and I don't know the answer. I suspect the answer lies somewhere in the procedural details of CA criminal law. For one thing, I distinctly remember someone saying that they can use a grand jury AND a preliminary. Don't ask me to explain that under CA law, though.

I can only tell you what is done in my own jurisdiction, as far as using a prelim and then a grand jury. Here, when a suspect becomes identified, and is arrested, they are placed in what is called district court, and they are given a date for their preliminary hearing. So the hearing is held at that level. Obviously, there are 2 possible outcomes: probable cause found, or no probable cause found.

Suppose probable cause IS found. Then the case is sent out of the district court (it loses jurisdiction of the case) and on to the grand jury. The grand jury hears it, and as we know, the grand jury (which is conducted by the DA and is also pampered and flattered by the DA) usually indicts the suspect. Then the case moves to proceedings in a higher level court (but this higher court is still a trial court--not talking about appeals courts here.) IOW, the trial will be held in that "higher" court.

Second possibility: suppose probable cause is NOT found at the preliminary. The judge at the preliminary (lower level, called a district court) dismisses the case.

At that point, the suspect walks free, right? Yes, BUT... if the DA wants to, he can still send the case to the grand jury. That is, if the DA still thinks the case has merit after the district court judge has thrown it out, the DA can take another stab at it by sending it to the grand jury. Most of the time, however, if a case is dismissed by a district judge after the DA fails to show probable cause in the prelim, the DA just lets it go. This means the defendant remains free--unless/until more evidence comes to light.

Sorry, I know that's not very clear. Anyway, it is possible to use BOTH a preliminary and a grand jury in some places.

[Jackie-O]

LKL trascripts from last night, good show.
http://www.cnn.com/TRANSCRIPTS/0311/17/lkl.00.html

[drjulie]

"I'm trying to imagine how Connor could have been born feet first and gotten around through all of the clothes?"

I'm not a medical doctor - I'm a psychologist but I used to be a nurse. My understanding is that the baby came out of the uterus as it decomposed. Her cervix was intact so it appears that he did not come through the cervix. He could get through the clothes because they deteriorated. I think there were just shredds left. The baby does not get into birthing postion (head down) until fairly late in the pregnancy (I can't remember exactly when). I haven't followed the case as closely as others (work gets in the way :-)) so feel free to correct me if I'm wrong.

[Velveeta]

I wonder what was so important that Scott took precious time away from Amber to spend with Laci in Carmel?

$$$$ My guess is that SP was able to collect his Christmas check from his parents at that time $$$$

[Velveeta]

I read the transcripts and that's not quite how the medical examiner presented his findings, but that certainly was the media spin.

Seems when Conner came in for autopsy, the ME was NOT aware that this baby and Laci were related or that this baby was even suspected of being a part of the Laci disappearance. In fact, the ME had not yet even heard that Laci had washed up!

The way he explains it is that there was a dead baby in front of him. From that point he needed to figure out if this was a stillborn baby that was discarded or a full term baby that may have taken a breath and was murdered. He was not able to determine if a breath had been taken by the baby because the lungs were liquified. Once he learned that this was linked to Laci, he was able to resolve in his mind that the baby remained protected in Laci's womb and he stuck to that finding.