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 ...
My opinion agrees with your opinion....
Either money, or promises of access to future notorious felons and murders he will undoubted represent.
Geragos has created a career in cable news filler trial gossip. He is beyond being a producer. He's bigger than Gene Roddenbury and the whole Star Trek creature.
Greta (and Catherine and Larry) are showing their marketing savvy to put Geragos in their debt, even if it does stink on the humanity level. :-(
IMHO,
Pinz
Good question???
The boat cover or tarp...the one Scott originally had in truck on 24th and was found under leaking gas blower on 26th also had small pieces of concrete on it, concrete residue found in boat...Robert Johnson noted forklift by pictured boat, method of placing Laci in boat?...in warehouse.Lots of putting pieces together required by jury..Prosecution is challenged to put them together.
Janey says the prosecution has nothing...other defense attorney says not enough evidence, though he may be guilty.
I say the timeline evidence shows, Scott's lies show that no one else could have done it but Scott.
Catherine Crier has just named off an astounding number items, camping gear, including water purifier, clothing in his car, 14,000 cash...Even Catherine admits he was running..Janey says just running to get away from press...Poor baby was hounded...
Defense attorney says he was fleeing (evidence of guilt) but only because he was being hounded, just coming apart over being hounded...
Someone get me a hankie..I may cry.
Scott did demand a search warrant for his house after 24th search...Janey saying they found nothing on body or anywhere on him showing a struggle..Catherine reminded her he said he'd cut his hands and it is on tape during first interview(?)
I have noticed that they mislead you (by telling half the story, then they correct it later on after you wait for clarification) on a break or quick headline in order to get you to "stay tuned" ....just tryin to sell more soap ....why worry about truth or credibility ????
I just heard...Someone misstate loudly on CTV that someone saw Scott launching the boat, did not see body..not in evidence presented yet they didn't..I hate these talking heads who do not know the evidence.
Reported in paper months ago that someone saw him trying to back up trailer to get boat or while getting boat out of water...Not yet in evidence either.
I just put CTV on and they had finished talking about the contents of Snotts truck and they did find some bailing wire ? That's the first I heard of that and I always thought he could launch the boat, remove the body from the back of the truck, and then DRAG it out to sea where he attached the anchors (just as he described to an acquaintence years ago)
Chicken wire, I believe...I have no clue as to how this is involved..lots of speculation with no evidence....Receipt of concrete purchase is also found.
They are so busy trying the prosecutors on TV. I usually like Dan Abrams but he started off the same way so I turned it off!
It has pretty much always been my own opinion that he attached the now missing Life Preserver to Laci to keep her afloat while he attached the weights, he then towed her out to where he felt was the right place and cut her loose. To my knowledge they have never recovered that life jacket. Also I read on WS today that they found Blood, cement residue and something else in the bed of the truck. Janey Peterson is making me nuts, I'd like to choke that b**ch!!
LOL!!! I hear ya!
Ooohhh, Scott's mom is mad at Bush. :) Coming up on FN with Bill O'Reilly.
More foundation for future revelations. This is as close as it gets to a rope a dope prosecution. I'm convinced that the prosecution will tie up all these lose ends in a blockbuster flurry of witnesses.
http://www.ktvu.com/news/3524816/detail.html
I know one of the court clerks who related this story. It seems that LE said that they had taped two people (one the defendant) while they were sitting in the squad car. The police say that the 2 were talking about how the police would never find whatever it was they were looking for and some other incriminating things.
The defense immediately asks for the tape as evidence. The judge tells LE to get the tape to the defense ASAP and let's all meet back here in 2 weeks.
This happens 2 times. On the third court appointment the defense tells the judge "I move for mistrial because LE has STILL not provided me with this tape after being ordered to do so."
The judge looks at LE says, "well?" LE then hands the defense a tape-sized package like you would mail. The defense attorney opens it up and shakes it, nothing, empty. This is how they are and the judge in this case should have taught them a lesson and thrown the case out. However, the judges are always on LE's side and worse than LE I am afraid.
But I thought Scott told people that they "would" find his blood in the truck because he had cut himself that very day. No scratches?
LOL
To Janey,
Denial aint just a river in Africa !
That's what I think will happen too RG. Distaso has a PLAN. I wish folks would quit waffling all over the darn place saying he isn't doing this and he isn't doing that. He KNOWS what he's doing. His best evidence, imo is going to come nearer the end of the trial in rapid fire succession and it will occur nearer to the time the Jurors go to deliberate. Nothing like having the important facts fresh in your heads when you go to deliberate on the case. As to Geragos, I can't for the life of me figure how his case can hold any water at all. I think he'd do better by not putting a Defense on. He could just state that in his opinion, the State didn't prove their case. What the heck are a bunch of park bums, meth addicts, former convicts, and homeless folk going to testify to.?? How reliable can they possibly be really? And if Henry Lee is all he's got for the bluh, forget it!!
I agree with you Lynn...I think the proscution is going to rapid fire all the answers to Q's and testimony they have so far given us.. I just can't decide if it's gonna start or end with Amber..Amber might be a great finale. GA knows the answers and she looks very confident to me
As I understand it..They were digital photos and would not download...
I'm going to be ill.
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