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GPS data at issue in Peterson case
CNN.com/Law center ^ | Tuesday, February 17, 2004

Posted on 02/17/2004 5:29:10 AM PST by runningbear

GPS data at issue in Peterson case


Scott Peterson is charged with killing his pregnant wife, Laci, and their unborn son.

GPS data at issue in Peterson case

Judge to hear defense request to sequester jury

Tuesday, February 17, 2004 Posted: 0544 GMT ( 1:44 PM HKT)

REDWOOD CITY, California (CNN) -- Prosecutors and defense attorneys in Scott Peterson's murder trial are due in court again Tuesday to argue whether information gathered from tracking Peterson's vehicles by satellite after his wife disappeared should be admitted as evidence.

Peterson, 31, is charged with killing his pregnant wife, Laci, and their unborn son. Their bodies washed up separately on the shore of San Francisco Bay in April 2003.

After Laci Peterson vanished in late December 2002, police in the couple's hometown of Modesto placed global positioning system devices on three vehicles used by Scott Peterson to track his whereabouts. GPS devices use satellite technology to pinpoint locations.

A prosecution witness testified last week that the GPS devices, despite briefly malfunctioning at least four times, accurately tracked Peterson to San Francisco Bay.

Peterson told police he was fishing in the bay December 24, 2002, the day his 27-year-old wife disappeared, and had launched his boat from the Berkeley Marina. The bodies washed ashore a few miles from the marina.

Prosecutors said the GPS evidence is circumstantial but indicates that .......

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Court considers introduction of GPS data

Article Last Updated: Tuesday, February 17, 2004 - 3:43:18 AM PST

Court considers introduction of GPS data

Modesto police used satellite device to track Scott Peterson

By Jason Dearen, STAFF WRITER

REDWOOD CITY -- Prosecutors in the Scott Peterson double-murder trial will continue arguing today that data from a satellite tracking device during the Modesto police's surveillance of Peterson should be allowed as evidence.

Not only could the data be important for the prosecution's case against Peterson, the debate being heard in the Redwood City courtroom will influence the future use of Global Positioning Systems, or GPS, by California law enforcement agencies.

"This is the first case where it's been challenged, and it will set the precedent one way or the other," said Michael Seigel, a former assistant U.S. attorney in Florida and a professor at the University of Florida's Levin College of Law.

Seigel said GPS technology has been admitted as evidence in other states and in some federal cases because, to this point, it has not been challenged.

Police installed the tracking device on vehicles driven by Peterson after his wife disappeared and before his arrest. At a hearing Wednesday, prosecutors presented maps that showed Peterson's alleged visits to the Berkeley Marina in the days and weeks after Laci disappeared.

At this point only the prosecution and defense know how the evidence will be used, and both sides are under a gag order and cannot comment. But some legal experts have said the data might be used by prosecutors to show that Peterson returned to the marina to see if the bodies had floated to the surface.

Defense attorney Mark Geragos pointed out three separate glitches in the data and argued that the information should not be allowed as evidence because the technology is flawed.

The prosecution is expected to call as a witness today a representative from Orion Electronics, the manufacturer of the device used by Modesto police.

Geragos spent most of Wednesday's hearing grilling the prosecution's first witness, Peter Loomis, a staff scientist for Trimble Navigation, a maker of GPS technology.

While Loomis bolstered the prosecution's case by testifying that, despite the brief malfunctions, the devices are scientifically sound, Geragos had him on the defensive much of the day.

Other issues to be decided by Delucchi before jury selection begins include: .........

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GPS debate continues today in Peterson trial

GPS debate continues today in Peterson trial

By Michelle Durand, Daily Journal Staff

Judge Al Delucchi is expected to hear final testimony today about whether global positioning technology should be allowed as evidence in the Scott Peterson murder trial or if it is “fatally flawed” as the defense claims.

Delucchi’s decision, which will come after experts for both sides testify, will determine the admissibility of the tracking data. Prosecutors hope to use the data to show Peterson’s movements after police began eyeing him as a suspect in the disappearance of his pregnant 27-year-old wife, Laci, from the couple’s Modesto home.

If allowed, the evidence could be used to show that Peterson traveled to an area north of Fresno — the town where Peterson’s mistress lived — and to the Berkeley marina where the bodies of his wife and the couple’s fetus were eventually found. It would also be the first time the technology would be used in a California court.

If Delucchi agrees with defense attorney Mark Geragos, a jury will not hear about the tracking devices and what data was collected. Geragos argued last Wednesday that the systems are “fatally flawed” and lost track of his client two separate times. Geragos also wants prosecutors to tell the court where on Peterson’s vehicles the tracking devices were attached.

If the GPS ruling is given today, decisions will follow on whether to sequester the jury and if two separate juries are needed for the guilt and penalty phases. Prosecutors filed motions last week opposing Geragos’ request for both. The rulings must be completed before jury selection can begin in the capital murder trial. Delucchi has said he hopes to begin picking a jury within two weeks.

Other pre-trial motions remaining including the admissibility of dog tracking evidence and the testimony of a witness who was hypnotized.

If convicted of killing his wife and unborn son, 31-year-old Peterson faces........

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(Excerpt) Read more at edition.cnn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; Miscellaneous; News/Current Events; US: California
KEYWORDS: avoidingchildsupport; baby; babyunborn; bigbrother; compass; conner; deathpenaltytime; dontubelievemyalibi; getarope; globalpositioning; gpstracking; ibefishing; laci; lacipeterson; littlebaby; smallbaby; smallchild; sonkiller; unborn; unbornbaby; wifekiller
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To: ~Kim4VRWC's~
A set of unshielded plug wires, an ignition coil with an arcing wire, and a modified CB radio with the microphone keyed and taped down would muddle up just about everything including the ATM machines in the neighborhood.
21 posted on 02/17/2004 8:51:36 AM PST by blackdog (Churchill si veveret, ad remum dareris!)
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To: ~Kim4VRWC's~
With a warrant, Kim--with a warrant!
22 posted on 02/17/2004 9:00:39 AM PST by Devil_Anse
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To: Devil_Anse; Velveeta; ~Kim4VRWC's~; All
Here is a link to a story in today's Chicago Tribune on my friend who is missing. I am going to see about starting a thread later today when I get home.
http://www.chicagotribune.com/news/local/southsouthwest/chi-0402170073feb17,1,1319947.story
23 posted on 02/17/2004 9:06:49 AM PST by Jackie-O
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To: templar
The did have a warrant okayed by a Judge to use this device. They also had two detectives tailing him. So in essence, the GPS system was backed up by real eyes. This technology helped them to NOT lose him.
24 posted on 02/17/2004 11:39:38 AM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Jackie-O
Gosh Jackie you have to register to read the darn article. It says they will email you in 48 hours with confirmation. I don't want to get emails from them all the time (spam). That's what happened with the New York Times. Is there anyway you can cut and paste the article and post it?
25 posted on 02/17/2004 11:45:30 AM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Devil_Anse
Good morning Dev!! Where were ya yesterday?????
26 posted on 02/17/2004 11:46:35 AM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Canadian Outrage
they have eye witness to the fact scott made visits to the berkley marina.....I am more interested in why jackie didn't show in court today...the first day she has ever missed....pulling a sham to divert from scott ??? like I can't breathe???lol
27 posted on 02/17/2004 1:57:04 PM PST by fiesti
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To: Tijeras_Slim
I eat my lunch "online" -- nearly spat pad thai noodles all over my new keyboard!!! Yours is the funniest post I think I have ever seen!!!!! LOL for real!
28 posted on 02/17/2004 2:01:44 PM PST by Yaelle
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To: Yaelle
Thank you.
29 posted on 02/17/2004 2:02:54 PM PST by Tijeras_Slim (Just once I'd like to get by on my looks.)
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To: fiesti
Fiesti!!!!!! I was just thinking of you. I didn't know that Jackie didn't show today. Your right, probably gonna play the "sick" from the stress of it all. I guess she shouldn't have raised a lying sociopathic murderer then.!!
30 posted on 02/17/2004 2:27:08 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Yaelle
I had to go back and re-read T J's post. That was funny ROFL!!
31 posted on 02/17/2004 2:29:54 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: fiesti
Incidentally - Where have you been??
32 posted on 02/17/2004 2:31:19 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Devil_Anse
Have you noticed that whenever Geragos challenges any kind of evidence it is always "FATALLY FLAWED"!! I suggest that if GPS is fatally flawed that Mr. Geragos NEVER get on another airplane.
33 posted on 02/17/2004 3:11:40 PM PST by Canadian Outrage (All us Western Canuks belong South!!)
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To: Canadian Outrage
"I suggest that if GPS is fatally flawed that Mr. Geragos NEVER get on another airplane."

Just heard - GPS IS IN!

34 posted on 02/17/2004 4:56:05 PM PST by drjulie
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To: ~Kim4VRWC's~
just catching up... >Judge allows GPS into evidence...>Geragos loses this round....

of course I am just reading the article from KTVU. Also, Ted Rowlands, reported he was or is subpena to testify on that interview he did. More to follow.....

35 posted on 02/17/2004 5:00:17 PM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: blackdog
. I used to have a real problem with a comm radio which would stomp out the whole panel when the microphone was keyed. GPS, LORAN(C), ADF, and VOR/Localizers would just go haywire.

There had to be a wiring error there somewhere; the only way I've seen that RF can affect all those devices simultaneously is when the coax wasn't firmly in the comm radio and RF was seen/present *in* the cockpit ... broken shield, improper connector installation ...

36 posted on 02/17/2004 5:04:40 PM PST by _Jim ( <--- Ann C. and Rush L. speak on gutless Liberals (RealAudio files))
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To: All
Judge allows GPS evidence, bars hypnosis testimony

Judge allows GPS evidence, bars hypnosis testimony

By GARTH STAPLEY and JOHN COTÉ

BEE STAFF WRITERS

Last Updated: February 17, 2004, 04:03:00 PM PST

3:58 p.m., PST: REDWOOD CITY – Evidence from satellite tracking devices covertly placed on Scott Peterson’s vehicles will be allowed at his trial on double murder charges, but prosecutors will have to tell the defense where police placed the units, a judge ruled today. But after that prosecution victory, Judge Alfred Delucchi barred from trial testimony from a woman police had hypnotized, ruling the hypnosis wasn’t conducted in accordance with state law.

Delucchi also said he would decide before jury selection whether jurors would be sequestered and whether a separate jury would decide if Peterson should receive the death penalty if convicted. Those decisions could come later this week.

“They ought to be told that upfront,” Delucchi said, referring to whether jurors would be required to live at a hotel and restricted access to newspapers, radio and television for the duration of testimony, which is estimated to last at least four months.

Peterson’s defense is seeking to sequester jurors and empanel separate juries, arguing both rare steps are necessary for the Modesto man to receive a fair trial after being “demonized” by the media. Prosecutors oppose both requests.

Peterson, 31, has pleaded not guilty to charges he murdered his wife, Laci, and unborn son, Conner, in a case that has drawn international attention. Prosecutors are seeking the death penalty.

In court here, Geragos said the penalty phase ........

37 posted on 02/17/2004 5:52:41 PM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: _Jim
It turned out to be two things. The first was a bent over pin in the tray connector. The second was some wire routing on the firewall and funny enough, a wire going to the altitude encoder that had a broken shield in the wire. In Cherokees they are mounted up front. Usually right near the blow-by vent tube(nice huh?)

You're right though by symptom, that being a short. Bent over pin.

38 posted on 02/17/2004 6:37:21 PM PST by blackdog (Churchill si veveret, ad remum dareris!)
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To: runningbear; drjulie; Canadian Outrage
Judge bars prosecution witness in Peterson case

By Brian Anderson

CONTRA COSTA TIMES


REDWOOD CITY - Lee Peterson was confident on Tuesday as he left the courthouse where his son Scott Peterson is facing two murder charges.

The high-profile defense attorney he had hired to represent his son had scored a victory moments earlier. Judge Alfred Delucchi's decision to bar testimony from a witness whom police had hypnotized handed the defense a win on what otherwise was a losing day.

"It's going to be a blowout," Lee told reporters. "My kid's going to walk out."

Prosecutors had hoped to call to the witness stand Kristen Dempewolf, a Modesto woman who resembled Laci Peterson. Neighbors reported seeing Laci walking a dog after police believe her husband Scott had already killed Laci. Officials believe the neighbors actually saw Dempewolf.

Dempewolf, who lived in the Petersons' La Loma neighborhood in Modesto, was in about the same stage of pregnancy when Laci vanished Dec. 24, 2002.

Los Angeles defense attorney Mark Geragos asked Delucchi to prevent Dempewolf from testifying, saying that a counselor who hypnotized the woman to help her remember events of that day did not follow proper procedures.

Delucchi agreed, adding that the handling of the Dempewolf matter was "all very troubling."

Minutes earlier, Delucchi ended two days of testimony on global positioning systems with a ruling that prosecutors will be allowed to introduce tracking data.

Police began tracking three vehicles used by Peterson, 31, in January 2003, just weeks after....
http://www.contracostatimes.com/mld/cctimes/news/7975975.htm
39 posted on 02/17/2004 7:34:09 PM PST by Velveeta
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To: Jackie-O
Praying for his safe return, Jackie!!!
40 posted on 02/17/2004 7:42:02 PM PST by Devil_Anse
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