Haggling Over Evidence in Peterson Trial

The Guardian ^ | 3/01/2004 | Brian Skoloff

[Canadian Outrage]

pinz I think this Judge is a cool cucumber. Remember Geragos's pathetic remark to the Judge that "you barely have contro over this Courtroom"!! Judge Delucchi completely IGNORED him. Didn't even acknowledge that he'd said it!! LOL This guy, is calm, cool, level headed, has great control over the courtroom while at the same time giving the Lawyers on both sides, plenty of latitude to try their cases. He's NOT moved by any theatrics. He knows the Law well.

[pinz-n-needlez]

So that's one vote for opera and Madiera....

I agree, btw.

Pinz

[Canadian Outrage]

So Where did everyone go????

[Canadian Outrage]

Are we it pinz?? I'm exhausted anyway so will probably pack it in early tonight. Sweet dreams all. Let's see what tomorrow brings. CO

[pinz-n-needlez]

Don't know, but I need to leave, too.

A good day, a good judge. Let's hope he stays focused.

'Night CO, eh? ;-) (We used to live 65 miles from Canada.)

Pinz

[Diver Dave]

The prosecution's star witness...

[Jackie-O]

Updated March 2, 2004, 4:49 p.m. ET


Judge rules that Peterson jurors will hear evidence from dogs, wiretaps

REDWOOD CITY, Calif. (AP) — In two of the most crucial decisions yet in Scott Peterson's murder trial, a judge ruled Tuesday that jurors will hear wiretap evidence collected by investigators and some, but not all, of the details gathered by scent-sniffing police dogs.

Experts have said the dog-tracking evidence could be the most damaging to the defense theory that Laci Peterson was at home Christmas Eve morning 2002 before she vanished later that day — when Scott Peterson claims to have been fishing on San Francisco Bay.

Prosecutors say the dogs picked up Laci Peterson's scent in several places in the days after her disappearance, including the Berkeley Marina where Peterson claims to have launched his solo fishing trip.

Judge Alfred A. Delucchi decided to allow in only the evidence gathered by dogs at the marina. Prosecutors also wanted to present evidence that the dogs had detected a broken trail of scents leading from Laci Peterson's home to the warehouse where Scott Peterson kept his boat, along the boat's rim and at the marina.

Court precedent requires corroboration of any dog-tracking evidence, Delucchi said, adding that Scott Peterson has admitted to being at the marina and that the bodies of his wife and unborn son washed ashore along San Francisco Bay in April just two miles from there.

"It would be foolhardy for the court to admit this (other) evidence because it would inject a cancer into the record," Delucchi said.

Defense lawyers likened dog tracking to witchcraft, and said the canines were unreliable. Prosecutors have presented neither witnesses to the killing nor a murder weapon.

Authorities allege that Peterson, 31, murdered his pregnant wife in their Modesto home on Dec. 24, 2002, because he was having an affair with a massage therapist, then drove her to the bay and dumped her overboard from his small boat.

Jury selection is scheduled to begin Thursday, when court officials will summon an initial 200 residents for questioning. Peterson could face the death penalty if convicted.

On the topic of wiretaps, defense lawyers had argued investigators violated Peterson's attorney-client privilege when they listened to bits of conversations with his first attorney, Kirk McAllister.

Delucchi was unswayed by the arguments, saying investigators followed proper procedures when monitoring the calls and any privileged information they heard was "so minimal to be of no consequence."

During the first few months of 2003, investigators monitored about 3,000 of Peterson's calls, including 76 between the former fertilizer salesman and his first attorney.

With both sides bound by a gag order, it's unclear exactly what evidence prosecutors plan to use from the wiretaps, but authorities have maintained they followed all federal guidelines when using the listening devices.



http://www.courttv.com/trials/peterson/030204_admitted_ap.html

[Tijeras_Slim]

Judge rules that Peterson jurors will hear evidence from dogs

I love Scotty, for me to poop on!

[Jackie-O]

Meant to ping you too! Mornin'!

[Devil_Anse]

Yes, you know, Jackie, that conversation was picked up only weeks or months after the "disappearance". The bodies hadn't been found. IMO, it is highly doubtful that the attorney had the trust of a nut like Scott, enough so that Scott would be giving him detailed facts about a crime on the phone. Plus, I honestly think that the attorney would have warned Scott not to go into too many facts on the phone, since Scott was not in jail, and they had many opportunities to meet and talk in absolute secrecy.

I don't believe that conversation consisted of Scott giving up any facts to his attorney, so even if the cops are lying (even if they really did hear it), I don't see how it could have benefitted them much. I have a feeling the conversation consisted of Scott's assuaging his anxiety, asking about the probable legal course that the police were going to take.

[verity]

Concept of Justice versus the Theater of the Absurd. The latter usually prevails!

[Jackie-O]

ROFLMAO!!! You guys are the best!

[Devil_Anse]

I can't picture Scott explaining any such thing to his lawyer. A con artist is going to try to snow everyone, even his own lawyer.

Some people think "if this lawyer really knew the awful thing I did, HE wouldn't like me, and would know how bad I really am, and he might not work hard to get me off." So they have trouble telling their lawyer what they REALLY did, if they are really guilty. I wouldn't be surprised if Scott were one of those.

[Devil_Anse]

I remember that some of us here wondered if she might have helped him get rid of his wife.

Turns out, though, that while she seems to be a game-player, she has her limits on how much bad behavior she will condone.

[Devil_Anse]

Seriously, it sounds like a really neat hobby. What is the story behind the Gunnister Man?

What? No toothpaste and toilet paper? Hey, someday those items Scott makes will be valuable! (If nobody flushes them first...)

[Devil_Anse]

LOL! Seriously, CO, ever since the time I first saw Geragos on TV, during Lewinsky, he's clearly never once looked like anything but a bloody idiot.

[Devil_Anse]

That last thing you said! Count on it!

I'm sure that judge has seen many a braying jackass before. I doubt he thinks about it when he's off-duty!

[Devil_Anse]

Yes! And he has an IQ greater than that of Scott and his lead attorney combined.

[Devil_Anse]

Good morning, Jackie!!

[Constitution Day]

Heh.

If the Canucks thought Triumph the Insult Comic Dog was offensive, I think we should bombard them with Peterson trial coverage.