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 ...
Pinging.....
Pinging.....
Pinging.....
So is court in session today?
not sure... and Wednesday either....
Geragos had not gotten the updated list of sex offenders....People wonder why the DA is so detailed about this case instead of sticking to the story of Scott being the killer....They are showing the detailed investigation of into all possible others and here we are....Geragos will point to the ones they could not find, I am sure.
I am upset that they didn't turn this complete list over and upset that it doesn't mean a thing as to Scott's guilt or innocence,either..but here they are in front of the judge getting blistering disapproval in front of the jury for a discovery violation and now Geragos is posturing for a mistrial.
Do you know if court is in session today??
I know, Meg... but I'm upset with this California legal system which seems to require that the state not only build its own case, but do all the work for the defense as well!
I am not sure....I heard something that made me think the jury need not come in till after 11:00 and it may be on Wednesday...
Things I have learned about the red herring "checks". They were not regular checks like one uses at the grocery store or to pay the electric bill, they were checks one gets in a credit card statement..
They were stolen from Scott's warehouse location mailboxes in Jan or Feb well afer Laci's diappearance, (unclear if a new credit card was part of the stolen credit card mail)...The meth addict knew the name and did not turn them over to her gang or use them, had a Laci missing flyer in her backpack.
I believe the Freso police officer, Byrd, was not a homicide detective on Dec 21st of 2002, he was supposedly a friend...All connection , speculation is wild...He was not married at the time...Laci might have asked him to check on Scott's real address,marital status, etc is the speculation...Expected to testify.
Two errors made last night by THs..
Called boat cover under gas blower a tarp. It is an important difference.
Cardoza said they should not have hung it on the fence and aired it out but stored it as is(gasoline soaked rags are warned against regularly by fire experts as combustible material..DUMB?)...
Called the Fresno police officer a Modesto police officer setting off wildly inaccurate speculation.
Prosecution being prosecuted by both judge and the THs
Is there a word in WEBSTERS, that discribes a Garagos ?
The description of Geragos is "criminal defense attorney"...also see,Hollywood celebrity attorney, see Show Boating defense attorney, defense attorney strategies, "red herrings" for clarification.
p.s. ..other definitions are not suitable for a site that can be viewed by minors....;)
we are having more time out of court than in court...there has to be a special place in hell for the likes of SP and MG
Thanks, rb!!! A secret motion?? Interesting!
oops sorry all.....there is court today....wed am is the private hearing......hope the prosocution comes out on top
No kidding fiesti, Geragos ALWAYS makes a HUGE deal over everything. How about giving LE credit for tracking down and investigating 285 registered sex offenders. NO, Geragos has to have his daily Hissy Fit. Wasn't it Geragos who was going to PRESENT us all with the REAL KILLER?? Well, still waiting!!! As far as the Prosecution goes, even tho they are in trial, they are STILL investigating!! New evidence just MAY come to light.
Try http://psychesknot.typepad.com/ speculation?
Additional information on "Geragos" definition in the dictionary...see:
drama queen...(really!)...anyone who overreacts to a minor problem or situation.
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