Posted on 07/29/2004 5:30:01 AM PDT by runningbear
Judge Delucchi to rule on mistrial
Article Last Updated: Thursday, July 29, 2004 - 3:36:48 AM PST
Judge Delucchi to rule on mistrial
By Jason Dearen, STAFF WRITER
REDWOOD CITY -- Judge Alfred Delucchi decides today if what he termed as "chronic" procedural missteps by prosecutors in the Scott Peterson double-murder trial are grounds for a mistrial -- or if alleged prosecutorial misconduct and a lack of evidence together are a compelling enough reason to set Peterson free.
The prosecution's consistent discovery snafus -- the procedure that requires them to hand over to the defense all the evidence they plan to use -- have already evoked the wrath of the normally good-natured Delucchi.
"I've never seen Judge Delucchi so clearly express dissatisfaction with a prosecutor's conduct in terms of discovery," said Oakland criminal defense attorney Daniel Horowitz, who has tried a number of cases before Delucchi over the past few decades.
"Delucchi said he was annoyed in front of the jury, which means he was beyond annoyed," Horowitz said, referring to Delucchi's recent scolding of prosecutor Rick Distaso in front of the jury.
Despite Delucchi's overt annoyance at the prosecution's sloppiness, it takes much more egregious violations to warrant a dramatic ruling like a mistrial, said Jim Hammer, a former San Francisco prosecutor.
"Unless it's the most intentional outrageous conduct -- to release someone on murder charges would be an injustice," said Hammer, who has been following the trial closely.
In addition to keying on a spate of procedural issues, the defense's misconduct allegations will focus on the misstatements of one of the prosecution's .............
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Boat focus of attention
Scott Peterson, behind bars, is taken Tuesday to a parking lot where he was part of the jury's viewing of his fishing boat.
LOU DEMATTEIS/REUTERS
Above, Mark Smith, an investigator with the Stanislaus County district attorney's office, stands by Scott Peterson's boat Tuesday in Redwood City. The jury in Peterson's trial took a field trip to see the boat Tuesday.
AL GOLUB/THE BEE
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Last Updated: July 28, 2004, 09:03:31 AM PDT
REDWOOD CITY -- Scott Peterson's boat would not be easy to capsize, a prosecution expert testified Tuesday. But the boat model Peterson owns was not tested to see what would happen if someone tried to throw a pregnant woman's body overboard.
"The boat may be more sensitive than larger boats, but it is a very safe boat," said David Weber, whose Missouri company makes 14-foot aluminum Gamefisher boats like the one Peterson bought two weeks before his wife disappeared.
The jury took a brief field trip to look at Peterson's boat before Weber testified, delaying the start of Tuesday's court session about an an hour and 45 minutes.Bailiffs escorted the 12 jurors and five alternates through an underground walkway leading from the courthouse basement to a secure location nearby, where they viewed the boat.
They returned less than 10 minutes later, largely expressionless and saying little, except one alternate who joked about the cramped fit in the courthouse elevator before they boarded.
Judge Alfred Delucchi had told jurors they would be allowed to look at the boat but not ask questions. The public and media were prevented from observing the session.
Officers transported Peterson to the site in a van.
Prosecutors contend the 31-year-old agricultural.......
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Exclusive: Peterson's father urged police to expand their investigation
Exclusive: Peterson's father urged police to expand their investigation
Lee Peterson faxed Modesto police information about the Stephanie Crowe murder investigation while Laci's body was still missing.
By Emanuella Grinberg
Court TV
Lee Peterson pleaded with police to explore other avenues of investigation in the weeks before his son, Scott Peterson, was arrested in April 2003 for the murder of his pregnant wife, Laci, and their unborn child.
Court TV's Catherine Crier exclusively obtained a letter that Lee Peterson, 65, faxed to the Modesto Police Department in which he seemed to suggest that investigators were botching the case by focusing solely on his son.
Along with his handwritten note, Lee Peterson sent news articles about the infamous Stephanie Crowe murder investigation, in which police in Escondido, Calif., falsely implicated the victim's 14-year-old brother, Michael, and two of his friends through coerced confessions and evidence oversight.
"This case was botched when detectives decided they had their man after a few hours and quit investigating," Lee Peterson wrote to Modesto Police Capt. Greg Savelli on March 4, 2003.
Story continues ..........
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The Trial Outside the Court
Joel Bernstein for The New York Times Peter Shaplen, liaison between the networks and the court, briefing reporters outside Scott Peterson's trial at the San Mateo County Courthouse in Redwood City, Calif.
By SHARON WAXMAN
Published: July 29, 2004
EDWOOD CITY, Calif. — There are two trials under way here over the killings of Laci Peterson and her unborn son.
One is the quiet proceeding inside the four walls of the town courthouse run by Judge Alfred A. Delucchi. That trial is all but bereft of drama and hard to follow: day after day of dry testimony played out before 12 jurors in a courtroom only half filled with grieving family members, journalists and a smattering of the public.
The other trial takes place in the hallways and on the esplanade in front of the courthouse, where a spin zone relentlessly churns before television cameras, which are barred from the courtroom itself. This one has drama and humor and pathos, played out breathlessly almost every day on Court TV and Fox News, on "Today" and "Larry King Live."
The outcome of this trial was decided long ago, though the courtroom proceeding is not half finished.
"They're doing the O. J., the rush to justice," Michael Cardoza said in an interview during a break in the proceedings in late July. Earlier that day, Mr. Cardoza, a former prosecutor, criticized the San Mateo County prosecutors on "Today" and then again on "Larry King Live." "I've tried 40 homicide cases," he said. "I know it's not over until the jurors come back, but this is all but lost." The prosecution, Mr. Cardoza said, is failing to entertain the jury. "What they're not doing is showing emotion," he said. "There's no affect at the trial. There's no fire in the belly. Zero." ..........
(Excerpt) Read more at trivalleyherald.com ...
Pinging.........
Clouda, if you have the "live" link, could ya please post it?
Pinging............
Will Geragos seek public aid to help pay for Peterson trial?
Lee Peterson, shown in 2003 with his wife and lawyer Mark Geragos, right, says the defense has studied seeking public funds.
THE BEE
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Last Updated: July 29, 2004, 05:19:56 AM PDT
On the same day that attorney Mark Geragos paid a visit to Stanislaus County Superior Court, Scott Peterson's father confirmed that his son's defense team had considered asking for public help to defray expenses.
Geragos appeared in the courthouse in downtown Modesto on Tuesday afternoon, after a morning-only court session in Peterson's trial in Redwood City.
Court Executive Officer Michael Tozzi declined to say whether Geragos met with a judge or filed a motion requesting public money to assist in Peterson's defense on double-murder charges. Under state law, such motions are exempt from public disclosure.
"If it existed, it would be confidential," Tozzi said. "I can't confirm or deny anything."
Geragos declined to comment Wednesday. Chief Deputy District Attorney John Goold, who has served as a prosecution spokesman on the case, said he was unaware of Geragos' appearance at the Modesto courthouse.
"I don't have any information on that," Goold said. "I don't know who he was meeting."................
Peterson's lawyer is making a mistake if he asks for a mistrial and GETS IT.
From what I am hearing there is no evidence to convict him, but if he gets a mistrial he can be tried again.
If Garagos lets it go to conclusion (not guilty by reason of stupid prosecutors- just like in the OJ trial) Peterson can go golfing with OJ for the rest of his life.
Anyone know what time the hearing is?
Read PsychesKnot.com's take on whether or not Geragos wants a mistrial.
I didn't believe it at first, but now that I heard Geragos may have gone to Modesto Tuesday (possibly to ask the court's chief judge or who knows who, for funding), maybe just maybe Geragos really does want a mistrial here (IF he doesn't get said funding).
And maybe just maybe... for the exact reasons Psyche has outlined. Um, I think she said, "media and money".
If that were true, that would make Geragos more unethical and slimy than even *I* thought he was. And that's really hard to do.
The above is my opinion. I have no personal knowledge of this matter.
I am not a handwriting analysis but if one were to read this letter, I bet they would say Lee is a very disturbed person.
I just heard on Court TV that the judge will render his rulings at 2:30pm EST. It is unclear as to whether or not he is hearing any argument.
There will be video of this hearing played later on Court TV, however the judge is not allowing audio. We will get to see Peterson for the first time since the pre-lim.
Thanks
Also COURT T.V. is reporting now..10:50 a.m. CST. T.V. camera's will be in the court room. "Some of these people look DIFFERENT now" !!!! These will be fresh video..(Scott has lost 40 lbs." (Beth Karas reports). Court will be in 40 minutes...It will be filmed and then it will be on tape. There is no court today, but the Judge wanted camera's in there. ????????????????????? huh ? (There will be no audio)
(I am typing this as they are talking)....Question is asked if this is very much like the O.J. trial. Ans.: "It looks like it is heading that way." " The forensic evidence is different. There is only 2 strands of hair in the pliers." "The suspicious conduct between the two is the same. But is that enough to convince him ? "
I agree Dev, Geragos would definitely be concerned about the "money" issue.
I just listened to that Neenah. Did you get a load of the "commentary"? WHAT IS WRONG with these former Prosecutors? They know that the strategy is to put on the most convincing evidence near the end of the case. I can't understand WHY a slimeball like Geragos gets such good press. I think he's terrible. He's a BIG mouth and that's about it. He's sarcastic, he's clearly underhanded by sending out lawyers to be TH's on HIS behalf. What a travesty.
Gee, a million wasn't enough for Geragos, now he is going to pawn off the California taxpayers to pay for this creep? Geezish!
Oh, FYI, watching the Democratic convention on Fox the past few days of the little bit I could, Rob "Meat head" Reiner! Gads, those at the convention are sick-os.... (well, the insane ones...lol..)
no date? He sounds ????, can't explain...lol...
thanks....
Sure he can. If there is a mistrial -- a big "if" -- without prejudice, he can be tried again; and he'll have to sit his butt in jail while they find another attorney -- a hard thing to do with NO money -- and get ready for another trial.
He is not going to get a mistrial with prejudice; there's too much incriminating circumstantial evidence against him -- including flight risk.
From Court TV:
Diane Sawyer of the California West show of Good Morning America just announced that the Petersons can't pay any further monies for Peterson's defense. Even Laci's house has been mortgaged to the hilt.
The Stanislaus County spokeman said their top pay out to criminal defense is $125. per hour...
I think that sentence sums it up nicely. Yes, he is the King of Slimeballs. But the Media is also just begging for drama and will play along well with him. Everyone wants to be a STAR.
My take is that Goreyergoose knows that Amber and the tapes are coming. He has no defense on that because Snott's willing voice is all over it. The tapes will help pull all the circumstantial evidence into being. It is a PLOY. I would hope and pray that Garagos loses his stature the same as biting into Cotton Candy. One bite and it is nothing but AIR.
I think a travesty is that the media whores on t.v. like Greta, Catherine and Nancy (I like her ) allllll had that Mr. 5th Juror on. And you can't tell me that this jury didn't watch ANY of the analysis ! I can't believe they USED him. I just hope the panel that is still there, doesn't think like him.
But if they are watching ..they are hearing the former and present Attorney's commentating about how NOTHING PROVES HE DID IT...THEY HAVE NO EVIDENCE !!.
That makes me sick.
They are showing the video of the hearing now.
I hope somebody can get a screen capture of Scott.
Thin.
According to Fox.
Poor Markie! He can go broke along with the Petersons!
Oh Rats ! Your font was darker than my font !
If Geragos is so bad, Why does the Prosecution keep having to cheat?
Poor Markie! He can go broke along with the Petersons
accoording to Beth K on CTV the monies would have to be for witnesses such as Henry Lee...they might as well save their money on him..She said something about 5 witnesses that they don't have money to pay
I was just thinking to myself that YOURS was bigger......LOL.
Saw video of SP..he is deffinately a little thinner and his cheeks not puffy and pink but still has that cocky look
LOl !!!!
Good Judge. LOL!
ROFL....
How does the media "know" WHAT the Prosecution has? They obviously had enough to get scads of warrants and after a Preliminary Hearing a Judge found enough evidence to bind him over for trial AND he cannot get bail because it was OBVIOUS he was going to fly the coop. Only guilty men run away. Only guilty men tell lies until you can't count anymore.
Woo HOO!! Just as I come down to check the computer the Judge announces his ruling. However, I FULLY EXPECTED that.
Thank you, Howlin!!
Judge Denies Request for Mistrial in Scott Peterson Case
Source: kcbs
Publication date: 2004-07-29
(KCBS)--The judge overseeing the double murder trial of Scott Peterson in Redwood City has denied a defense motion for a mistrial.
KCBS reporter Mike Colgan says that Peterson's attorney Mark Geragos had requested the mistrial and dismissal of all charges after claiming that Modesto Police Detective Al Brocchini fabricated part of his testimony.
The defense attorney claims Brocchini lied when he said Scott Peterson told someone nine years ago that he would dispose of a body by sinking it in the ocean by tying a bag around the neck with duct tape. The tipster reportedly said he never mentioned duct tape.
After a hearing today, the judge denied the request. He said there was no evidence of "prosecutorial misconduct" in presenting the evidence from the detective.
Judge Alfred Delucchi also denied a motion by the defense for outttakes of television interviews done by Scott Peterson before his arrest. The defense argued that the raw interview done with ABC News interviewer Diane Sawyer should be turned over to the defense claiming the edited version does not show the range of emotions that Peterson displayed during the 90-minute interview. The judge said that what will be presented to the jury will be the broadcast version of that interview.
All of the motions heard today were done so without the jury present. The panel will return to court Tuesday.
Peterson is accused of killing his wife Laci and unborn son and dumping the bodies into San Francisco Bay.
(updated 11:18am,sam)
Dear Mr. Geragos:
Welcome to the club, Jackass!! I am repeatedly assured that you are smart, but I never seem to see the signs of it.
So you got your money up front, huh? Good move.
But... what's that? You didn't ask for quite enough? TOUGH!! Join the ranks of attorneys who got their money up front, just so they and their clients could put that issue to bed, and now have to work the case to the bitter end, to assure the client gets whatever he is due.
Be glad you at least will recoup some or all of any money you may spend through TV appearances, books, articles, and heaven knows what other useless crap the public will eagerly buy just b/c it has your name on it and they say, "Hey... I've heard of that guy."
Oh, and one other thing: I would like to extend to you the same greeting which VP Cheney extended to the eminent Sen. Leahy.
Remember how we used to hear from his minions that the baby had a 1 1/2 loop of TAPE around his neck? Well, last time Geragos referred to that, he was calling it TWINE.
Changed from TAPE to TWINE. (And he has the nerve to say the PROSECUTION changed their "story" about the hair????????)
GET YOUR STORY STRAIGHT, GERAGOS!!!
http://courttv.com/trials/peterson/072904_funds_ctv.html
Thursday, July 29, 2004
Updated July 29, 2004, 2:39 p.m. ET
Report: Peterson's lawyer wants public money for defense costs
Scott Peterson says he needs public funds to support his defense case.
By Harriet Ryan
Court TV
REDWOOD CITY, Calif. — Scott Peterson is out of money and wants the public to chip in to pay for his defense, ABC News reported Thursday morning.
The network said Peterson's lawyer, Mark Geragos, filed confidential papers this week asking for taxpayer assistance.
(snip)
Not only was the mistrial request denied (no surprise there), but on Websleuths it said that the media lawyers won out over Geragos--he will not be allowed to use outtakes from their interviews. Among other things, the judge pointed out that Geragos has other ways to show Scott's "range of emotions" he allegedly had while making the interviews. For example, other persons were present and they could be called as witnesses to recount the range of emotions (or the good acting, as the case may be.)
So as far as I can tell, looks like
GERAGOS LOST ON ALL FRONTS TODAY
Hi Maggie!
Hey, let's take up a collection! We could start by soliciting those people who don't think they pay enough taxes... they'll donate to anything!
OOOH, OOOH, and I KNOW!!!Let's start a campaign among schoolchildren!! They can send their pennies to Scott!!
it made sense that the judge would rule those out takes out. The mainstream people who watched them didn't see them, therefore, that would taint the jury? I could see if those were aired on TV, but the clips were edited, and what was published for viewers to see, in my opinion should be just that.... (what do I know!)
How terrible! Scott's "range of emotions" will not get into the record!
Unless... unless! Unless... hey, you guys, do you think maybe it's possible to put Emoticons into a court transcript? There's a huge range of little smiley and weepy faces available for internet forums, why not have the reporter insert some? "Here's Scott's emotion while speaking of the baby: [insert sad face]. Here's Scott's emotion while throwing down the flashlight and cursing: [insert tiny red angry face]. Etc."
Makes sense to me, RB!
I don't really understand why Geragos was so insistent on using outtakes. The only outtakes I've ever heard about were the ones where Scott was putting glycerine or water on his face in front of the mirror, to fake tears--and the one where he walked over and turned off the cellphone w/o even seeing if it could be news of the "missing" Laci.
Peterson Mistrial, Dismissal Denied
Posted: July 29, 2004 at 11:55 a.m.
REDWOOD CITY, CA (AP) -- A judge on Thursday turned aside a defense effort to derail Scott Peterson's murder trial, rejecting motions for a mistrial or outright dismissal of charges on the grounds that an investigator allegedly lied on the witness stand.
Judge Alfred A. Delucchi agreed to hear the requests based on defense attorney Mark Geragos' allegations that the first detective to investigate Laci Peterson's disappearance was so determined to implicate Peterson, he fabricated key evidence.
It was the first time the aggressive defense lawyer has asked for a dismissal of charges but his third appeal for a mistrial, requests the judge also quickly denied.
Geragos has asserted that Modesto Detective Allen Brocchini lied on the stand about a tip that police received several days after the remains of Laci Peterson and the couple's fetus washed onto a San Francisco Bay shore.
Prosecutors allege Peterson dumped Laci Peterson's pregnant body in the bay after killing her at their Modesto home or around Dec. 24, 2002. Geragos says someone framed Peterson after learning his alibi -- that he took a solo fishing trip on the bay the day his wife vanished.
Last month, Brocchini told jurors the tipster told him that, in 1995, Scott Peterson said he would dispose of a body by sinking it in the ocean after using duct tape to "tie a bag around the neck."
Though Brocchini said he was skeptical of the tip, the testimony appeared damaging because police found duct tape on Laci Peterson's tattered clothing and badly decomposed remains. But Geragos said Thursday the tipster never mentioned duct tape.
"The only reason this detective would have injected ... duct tape," Geragos said, "was to stir the pot, so to speak."
Prosecutor Rick Distaso described Brocchini's testimony as not "gross negligence" but an unintentional mistake. To declare a mistrial or dismiss the charges, Delucchi would have had to discern intention on Brocchini's part.
Geragos argued that this was just one instance in what he has characterized as Brocchini's history of contempt for legal boundaries while under oath. Specifically, a Stanislaus County judge declared a mistrial during a 1998 home invasion robbery case after determining Brocchini's testimony might have prejudiced the jury, according to court documents.
Geragos implied Thursday that Brocchini thought prosecutors were losing the Peterson case, so he decided to create grounds for a mistrial -- and a chance for prosecutors to start over.
"He knows that in another case when he does a similar stunt the court grants a mistrial ... and when they started all over again they got a conviction," Geragos appealed to Delucchi.
In the robbery case, the judge warned Brocchini not to mention other crimes the defendants may have perpetrated. Nonetheless, Brocchini told jurors that he had been interested in talking with one defendant about his potential involvement in another robbery.
Delucchi began Thursday by deciding a third issue -- that ABC could not be ordered to turn over unaired copy of Peterson's interview with Diane Sawyer.
During that and other interviews, Peterson lies about, among other things, what he told police regarding his affair with a massage therapist, his alleged motive for murder.
Prosecutors want to play for jurors the interviews, but want to edit them to cut the commentary. Defense lawyers insisted -- unsuccessfully -- that if the interviews were to be shown at all, jurors should see them in their entirety.
Delucchi also quashed a subpoena prosecutors issued that would have required a Modesto Bee photographer and librarian to verify that a picture of Peterson smiling at a vigil for his wife was published in the newspaper. Jurors will be shown the photo, but prosecutors must call a witness to testify about Peterson's demeanor at the vigil, the judge ordered.
"Viagra Prescription drug seized in second search of Scott and Laci Peterson's home, February 18–19, 2003, that, according to January 12, 2004, article in the National Enquirer, contained five 100-milligram pills ordered from Online Pharmacy in January 2002, and which could be refilled 11 times."
Thank God!! I know the prosecution will be presenting more evidence as the trial goes farther. I was hoping it was declared a mistrial. I know how things get screwed up then. My brother was murdered (in 1987) and his killer sat in jail for a year until trial, then the jury was deadlocked (between murder one and capital I think) so the crappy judge told them that he would declare a mistrial and re-try the murderer. What he didn't tell them was that the drug dealing murderer's high dollar lawyer had already gotten into a plea bargain and he got out that night with a misdemeanor charge.
"Videotape Any of three 2-hour tapes each containing roughly 1-hour surveillance recordings made of Scott Peterson that were brought to light by an internal FBI memo provided as discovery to the defense team; according to Mark Geragos, placed on a Modesto Police Department detective's desk while he on vacation and not viewed for 3 months; also Surveillance Video F239466; according to documents released on June 16, 2003, potential evidence obtained through a search warrant on a telecommunication company—presumably AT&T Wireless—shipped from Riviera Beach, Florida; also ABC videotape of Diane Sawyer's interview with Scott Peterson, turned over to prosecutors on January 8, 2004; an unedited tape was requested by prosecutors, but ABC had vowed to fight release of the source tapes; also According to an article in the March 1, 2004, issue of the Globe, video of Scott and Laci Peterson taken December 21, 2001, and later provided by Sharon Rocha to the Modesto Police Department—a video from which Scott Peterson reportedly refused to let images of him be aired; also According to a March 15, 2004, Modesto Bee article, used videotape, belonging to Scott and Laci Peterson, found by Eddie Gibson in a 50-gallon grease barrel in an alley near Fast Eddie's MOAB restaurant on January 19, 2003, and turned over to Det. Doug Ridenour; according to Gibson, contained images that were likely from 2002, although he could not recall a date stamp; also according to Gibson, contained images of the following: a) jewelry, possibly recorded for insurance purposes, b) a sunrise or sunset filmed from a vehicle, showing a sign pointing to Coalinga, recorded with the radio tuned to a Fresno station, c) Scott and Laci Peterson drinking a New Year's Eve toast with another couple, d) scenes of traffic in the La Loma neighborhood, e) Scott Peterson's truck parked in front of a wrecking yard, f) a woman—possibly Amy Rocha—cutting a man's hair, g) a "really boring, long sequence" recording no faces or voices but showing someone stirring what Gibson believed to be "chemicals in a glass container," and h) Laci Peterson wearing a swimsuit with a towel wrapped around her waist, entering a kitchen with a chalkboard showing "Happy Fourth of July" in the background, then beginning to mix a salad as a woman tells her, "Smile at the camera, Lace""
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