Posted on 07/13/2004 5:31:41 AM PDT by runningbear
Judge to hear ‘secret’ motion Daily Journal Wire Report
Judge Alfred Delucchi Monday announced he would hold a hearing Wednesday on an apparently secret motion in the Scott Peterson double-murder trial.
Neither Delucchi nor the attorneys for either side have mentioned the motion before in open court, but the judge has reserved several hours of court time to consider it.
Former San Francisco prosecutor Jim Hammer, who has been observing the trial in Redwood City, said the amount of time the judge has reserved for the motion is significant.
“If you’re arguing a motion, that takes a half-hour. A whole morning — that suggests witness testimony,” Hammer said.
No information about the contents of the motion has been revealed in court but Hammer speculates that defense attorney Mark Geragos may seek to have evidence excluded based on testimony heard so far, especially that of Modesto police Detective Al Brocchini, who Geragos has suggested gave false information on the witness stand.
Hammer agreed that a motion asking Delucchi to dismiss the charges against Peterson with prejudice, meaning they could not be re-filed, is also a possibility.
Trial observer Chuck Smith, a former San Mateo County prosecutor, said that Geragos also could ask the judge to instruct the jury that it can take into account misconduct by prosecutors or police in deciding the believability of the evidence.
“Geragos could be telling the judge, ‘I want that instruction. I want it now,’” Smith said.........
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Angry Outburst from Judge in Peterson Case
Angry Outburst from Judge in Peterson Case
Scott Peterson is accused of killing his wife Laci and her unborn child.
Simon Perez
Watch the Video
The judge in the Peterson case castigated the prosecution Monday.
The criticism came after Scott Peterson's attorney Mark Geragos complained the prosecution hadn't revealed all the evidence it had collected. The prosecution maintained it had.
The argument centered on a list of names of nearly 300 sex offenders and parolees in the Modesto area -- many of whom were not ruled out as suspects in the murder of Laci Peterson and her unborn son Conner. Judge Alfred Delucchi asked angrily, "This case is how many years old?"
Geragos also grilled a Modesto police detective about the searches of the bottom of San Francisco Bay, where the bodies of Laci and Conner washed ashore. The detective said divers found bottles and cans and pieces of wood.
"Geragos carefully through his cross-examination showed you could pick something as small as a beer bottle out, something as small as a pipe," said legal analyst Michael Cardoza. "He's implying, 'Why couldn't you find the body?'".........
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Testimony in Peterson Trial Takes Turn
Testimony in Peterson Trial Takes Turn
Tuesday July 13, 2004 11:01 AM
AP Photo NY119
By BRIAN SKOLOFF
Associated Press Writer
REDWOOD CITY, Calif. (AP) - Testimony in Scott Peterson's trial has taken yet another abrupt turn as prosecutors question witnesses about evidence collected during searches of San Francisco Bay and at the Petersons' home.
Two weeks ago, the focus was on Peterson's affair with massage therapist Amber Frey - his alleged motive, they say, for the murder of his pregnant wife, Laci, and the couple's fetus.
Then last week, testimony hung on witnesses who described where the bodies were discovered and their decomposed state, as prosecutors showed jurors photographs of the corpses and of tissue and bone.
In another shift in direction, police officers testified Monday about the extensive search for Laci Peterson's remains in the bay and of numerous items collected as evidence, among them a blood-stained comforter seized from the Petersons' home. ........
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Detective: Apparent Blood Stains On Peterson Comforter
Comforter Among Evidence First Seized From Peterson Home
POSTED: 6:32 am PDT July 12, 2004
UPDATED: 7:35 pm PDT July 12, 2004
LOS ANGELES -- A comforter apparently stained with blood was among numerous pieces of evidence seized from Scott Peterson's home in the days after his pregnant wife vanished, a police detective testified Monday.
Modesto police Detective Ray Coyle testified he examined the Petersons' home for "blood spatter and blood drops" after search warrants were served on Dec. 26 and Dec. 27, 2002. Coyle said he found small spots that appeared to be blood on a comforter on the couple's bed, but did not elaborate. Detective Rudy Skultety, who was in charge of the searches, said the comforter was seized as evidence along with, among other things, two hair brushes, shotgun shells, a camera, a vacuum cleaner and samples of Scott Peterson's hair. Skultety testified that the FBI used Luminol in the home -- a chemical that can detect unseen traces of blood and body fluids. He did not say whether anything was found.
However, on cross-examination Skultety acknowledged that brown stains found in the kitchen and on a hot water heater tested negative for blood.
Coyle also testified that as the search for Laci Peterson unfolded, he was charged with tracking down 309 registered sex offenders and parolees living in the area of the Petersons' home.
Investigators were able to contact 285 of the 309 sex offenders and parolees, Coyle testified, adding that nothing led him to believe any of them were involved in Laci's disappearance.........
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Police demanded alibi from Frey early in Peterson investigation
Police demanded alibi from Frey early in Peterson investigation
Scott Peterson's mistress, Amber Frey, told police she was with her daughter on Christmas Eve 2002
REDWOOD CITY, Calif. (Court TV) — Police cleared Amber Frey as a suspect in the disappearance of Laci Peterson after the massage therapist provided detectives with a detailed alibi, according to a police report obtained by Court TV's Catherine Crier.
"At this stage of the investigation, we don't find any information that would suggest involvement by Amber," Modesto police detective Jon Buehler wrote in the Jan. 17, 2003, report.
The alibi Scott Peterson's mistress provided that day relies heavily on two unusual witnesses: Frey's toddler daughter and a homicide detective.
Frey said she spent much of the time between 8:30 p.m. Dec. 23, 2002, and 4:30 p.m. Dec. 24 — the 20-hour period during which detectives believe the pregnant woman vanished — at home with her 3-year-old, Ayiana.
Story continues...........
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Searches of home, bay in spotlight
Searches of home, bay in spotlight
JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Last Updated: July 13, 2004, 05:01:40 AM PDT
REDWOOD CITY -- A detective testified Monday that he found "a couple of small spots" that "could be blood" on a comforter in Scott and Laci Peterson's bedroom two days after the expectant mother disappeared. Detective Ray Coyle said he saw the spots on the bedding, but another investigator testified he seized the potential evidence. There was no testimony on whether the spots were forensically tested and what the results might be.
The detectives' statements highlighted a day of testimony that focused largely on the extensive search for evidence. Officers used a special vacuum to collect cement residue from the bottom of Scott Peterson's boat, and an FBI forensic team also searched the Peterson home for blood traces, the detectives said.
But there was no testimony Monday that any of the searches turned up blood or other evidence that directly points to Peterson as his wife's killer..........
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THE PETERSON TRIAL
Police testify about exhaustive searches
Jurors get first look at couple's home -- on videotape
Stacy Finz and Diana Walsh, Chronicle Staff Writers
Tuesday, July 13, 2004
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A series of Modesto police officers testified Monday that they conducted painstakingly thorough searches of everywhere Scott Peterson said he'd been the day he reported his wife missing -- combing through his home, truck, warehouse and even the bottom of the bay.
Two days after Laci Peterson disappeared, investigators seized dozens of items from his home, ranging from his vacuum cleaner to the cover of his boat and a comforter with two small spots of blood -- and later pulled up everything from the bottom of the bay that looked even remotely suspicious, including a beer can and plastic bag.
Although prosecution witnesses have yet to reveal whether analysis of the items yielded incriminating results, Peterson attorney Mark Geragos has said the forensic testing of the articles turned up nothing........
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Testimony focuses on sex offenders
Article Last Updated: Tuesday, July 13, 2004 - 3:41:26 AM PST
Testimony focuses on sex offenders
By Jason Dearen, STAFF WRITER
REDWOOD CITY -- Twenty-four of the registered sex offenders and parolees who lived in Modesto when Laci Peterson disappeared were never located by police, according to testimony Monday in her husband's double-murder trial. Modesto Police Detective Ray Coyle testified that out of 309 total parolees and sex offenders on his list, he and investigators were unable to find 24 of them, and to date still have no idea where they are. Police contacted the offenders in an effort to eliminate them as suspects in the pregnant woman's disappearance. Coyle and other Modesto detectives took the stand Monday, describing in detail search efforts in the Bay for missing pieces of Laci Peterson's body and their investigation of the Peterson home in the days after the 27-year-old woman went missing. Defense attorney Mark Geragos has hammered on the point that the Petersons' street was used often by residents of a nearby homeless mission to reach the nearby park and that it was unsafe. Forty-seven of Modesto's registered sex offenders listed the mission as their official residence, according to the testimony of another officer in June. Coyle -- who led the Police Department's roundup of parolees and registered sex offenders -- told prosecutor Rick Distaso he did everything he could to locate the missing members of the list. Geragos asked Coyle if he could look at the master list of offenders. After perusing the list for a few seconds, Geragos asked Judge Alfred Delucchi if he could address the problem out the jury's presence. The judge asked what the list contained that Geragos had not been given by prosecutors. "Who knows, they just make stuff up as they go along," Geragos said, motioning at the prosecution table. Delucchi, usually calm and in control, lost his temper. "This is a common problem in this case, and it's aggravating," the judge said to Distaso. "This case is how many years old?" the judge continued, inferring that Geragos should not still have to be requesting evidence from prosecutors. Distaso and his partner, David Harris, have repeatedly been charged with withholding evidence in this case. The judge announced at the end of proceedings Monday that he will stop testimony and hold a hearing on the evidence issue Wednesday morning. ..........
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(Excerpt) Read more at smdailyjournal.org ...
That's a perfect description of Geragos's behaviour. His constant behaviour!
Either the judge came down hard on the big courthouse "buzz" that Geragos was going to go after Broncchini, mistrial, prosecutorial misconduct a couple of weekends ago
...and told him about the gag order being enforced in closed door conferences....
or this is not as "large" as we suppose it might be "mistrial wih prejudice" rumor,etc..."hang the prosecutors, string up the police" motions.
Yes--they were those balance transfer checks, also used to get cash advances at unbelievably high interest rates, and they are GIVEN TO YOU BY YOUR CREDIT CARD COMPANY IN THE HOPE THAT YOU WILL USE THEM, THUS DRIVING UP YOUR CREDIT CARD BALANCE.
THEY'RE LOANS, NOT CHECKS!! The credit card people just print them up to LOOK like checks!
Now, these documents came to Scott Peterson's warehouse. They were sent by Scott Peterson's credit card company (included in with his statement), to Scott Peterson, whom the company had already obviously approved as a borrower.
Would someone please tell me how that makes them "LACI PETERSON'S PERSONAL CHECKS"????
A PERSONAL CHECK IS ONE OF THOSE ONES YOU KEEP IN YOUR CHECKBOOK, WITH YOUR NAME AND ADDRESS PRE-PRINTED ON IT!
All these hi-falutin' talking head legal babblers are still calling them "Laci Peterson's personal checks". They are WRONG!
IF the Judge was going to grant a mistrial, we would know that by now. They have obviously been meeting for 2 1/2 hours now.!! I hope that Geragos is reprimanded for his CONTINUAL outbursts and accusations against the Prosecution and the Police, all in front of the Jurors. This guy as NO courtroom etiquet period.
And he calls his law firm "a boutique law firm". It's that way on his website.
In this part of the country, anyone who said he had a "boutique law firm" would be laughed all the way to the border and out of the state.
Do you think a bunch of emails to these IDIOT TV anchors would help??? WHY AND HOW do they keep getting away with putting out FALSE information??
It could be:
A mistrial motion based on the list of sex offenders that Geragos complained about yesterday.
A motion in limine: this would be, at this stage of the trial, a motion in which Geragos asked the judge to forbid the state to introduce evidence of something. As grounds for such a motion, Geragos might say, for example, that the prejudicial value of the something would outweigh its probative value; or he might say the something is not sufficiently relevant; or he might say the something is privileged information of some sort, like, say, medical records, etc. Those are just examples of grounds for a motion in limine. There are many other possible grounds.
To get back to Geragos' complaints regarding the list of sex offenders, maybe Geragos doesn't want a mistrial right now, or maybe he feels he wouldn't get one anyway, and so he might be asking instead for the judge to forbid the state to introduce certain evidence, as penalty for their alleged discovery violations.
New addition to definition of Geragos, drama queen...behaviors of defense attorneys:
"hissy fit"...a tantrum...
"tantrum"...a fit of bad temper..(a toddler's frustration may precipitate a temper tantrum)
"temper tantrum"...a loss of mental balance or composure; especially an outburst of anger or irritation
Actually the meeting is tomorrow and testimony is showing no evidence in the warehouse..."Way overtrying the case...case slipping away"(THs on CTV.)
Not unless we could offer the moron TV people remuneration. Because that, IN MY OPINION AND I HAVE NO PERSONAL KNOWLEDGE OF IT, JUST AN OPINION, is what Geragos is doing to get them to spin his garbage out to the public.
Scott Peterson Showed No Signs Of A Struggle
POSTED: 10:07 am PDT July 13, 2004
UPDATED: 11:07 am PDT July 13, 2004
REDWOOD CITY, Calif. -- An evidence technician who examined Scott Peterson's body for scratches or bruises shortly after his pregnant wife vanished testified Tuesday he found nothing unusual.
Video
Video On Demand: Analysts Jim Hammer And Michael Cardoza Baffled By Peterson Prosecution
Doug Lovell of the Modesto Police Department said he wanted to see whether there was evidence Peterson had been involved in a struggle, as police became increasingly suspicious he was responsible for Laci Peterson's disappearance.
"He was asked to strip down to his shorts," Lovell said.
"Did you notice any scratches or marks or anything on his body?" asked defense lawyer Mark Geragos.
"No, I didn't," Lovell replied........
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From KTVU story
Showing rubbermaid pitcher/outline of"powder outlines on flatbed trailer"..anchors made implication...yet no anchors found in bay search.
TH discussing jury is being required to speculate (lordy mercy the talking head is that nutty female defense attorney during the "dog, manslaughter SF trial.Nedra Ruiz?)..Saying jury require excellence from prosecution.
Honestly, I think it was a mistake not to sequester this Jury. Delucchi must realize by now that "someone" on the Defense side is sending out "mouths" to propagate his bull. I really do believe that the Prosecution must get a lot of this minutia onto the record so that when they get near the end and pull out their big guns, it will make complete sense.
I saw that. That male lawyer on CTV had a point. For a while now, many of them have been saying that the prosecution is overtrying the case.
The prosecution is trying to anticipate too many of Geragos' sleazy tactics, which they feel he will present when he does his defense case, and which they are obviously trying to head off.
But they shouldn't anticipate so much. They should wait and let Geragos put on his defense, then THEY will have a chance to put on rebuttal. They may be wasting time protecting themselves from scams which Geragos may never put forth.
Occasionally, saving this sort of thing for rebuttal can backfire. This would happen if the state saved a lot of stuff for rebuttal, and Geragos surprised them by NOT PUTTING ON A DEFENSE, which is Scott's right. At that point, no rebuttal would be allowed, so the state would not be able to put on whatever evidence it was saving for rebuttal.
But it is likely that in this case they will put on at least some witnesses/evidence for the defense. So it is likely there will be a chance for rebuttal. So the state should save some of this stuff (such as the exhaustive showings that the police did a thorough investigation) for rebuttal.
I'm hanging onto the ten minute timeline :10:08 call in the vicinity of his home/10:18 dog found with grass, leaves on damp leash in neighbor's drive...Ten minutes to finish mopping, change clothes , leash the dog and be kidnapped outside the home.
Scott went to bay in boat/bodies washed up in same bay area...Random kidnapper had no reason to dispose of body that far away to frame Scott.
GREAT NEWS Jax!! Remember Peterson could NOT account for part of the roll of chicken wire. There was blood in his truck and I understand some of the blood was even on the rearview mirror. Cement residue?? Oh yeah. Comin together.
If she didn't give them to her gang or use them herself, how did anyone know she had them? Did she turn herself in as haveing stolen them out of the mailbox at the warehouse?
I don't know..She may have been picked up for something else and the items were found in her backpack....red herring.
She was afraid of being implicated and offered to take a lie detector test I read somewhere...
The other info comes from Beth Karras of CTV..not the usual talking head..
I only gave Beth's take and mentioned the credit card because I missed any credit card mention pro or con when I was distracted..It would have been in the mailbox at the warehouse complex ... Beth described it as checks like one finds in a credit card bill..
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