Posted on 05/21/2003 5:41:36 AM PDT by runningbear
Posted on Tue, May. 20, 2003
A free man after 19 years
DA DROPS CASE BUT WON'T CONCEDE INNOCENCE OF ACCUSED
By Howard Mintz
Mercury News
After nearly 20 years of legal stumbles, courtroom drama and millions of dollars in taxpayer expense, Santa Clara County prosecutors on Monday decided to quit trying to keep Glen ``Buddy'' Nickerson behind bars.
District Attorney George Kennedy announced that he would not seek to retry Nickerson, who recently won a federal appeal overturning his conviction in connection with the 1984 execution-style slayings of two South Bay drug dealers. Nickerson, 48, one of five men charged with at least some role in the murders, spent roughly 19 years in prison for a crime that a federal judge concluded he almost certainly did not commit.
He was freed from electronic monitoring Monday, the first time since 1984 that he hasn't been shackled in some way to the justice system.
``I think they could have come up with this decision that I didn't do it a lot sooner, 19 years ago,'' Nickerson said. ``I personally believe that maybe Kennedy decided his leg got tired of kicking a dead horse.''
In overturning Nickerson's conviction in March, U.S. District Judge Marilyn Hall Patel found that he most likely was innocent and unfairly sentenced as a result of police misconduct and lying witnesses. But Kennedy refused to concede Nickerson's innocence in making his decision to drop the case, the latest chapter in one of the county's most troubled, costly and enduring legal sagas.
Instead, the county's top law enforcement official said that a host of factors made a retrial too difficult to pursue, including the age of the case and the unavailability of witnesses. Kennedy and his aides also noted that Nickerson already served 19 years in prison, and that the primary culprits in the murders remain locked up, most likely for life.
``Not everything in life is black and white, and neither side is going to be totally satisfied,'' said Assistant District Attorney Karyn Sinunu, who reviewed the matter for Kennedy. ``I had to respect the federal court's findings and re-evaluate what we had. I think we made the right decision."
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Latest News on Ca Orange Alert?thought I would thru in some Ca news to fodder with:
California security increased with higher terror alert
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YIKES they're right!!!
Scott Peterson's ex-girlfriend says she is prepared to testify in his trial
LOS ANGELES (AP) The massage therapist who revealed she had a relationship with Scott Peterson said Monday she is prepared to testify at his trial on charges of killing his pregnant wife and their unborn child.
Amber Frey, 28, also said she has been hounded by news media and tabloids offering her money for her story ever since she came forward about a month after Laci Peterson disappeared.
She said she has hired celebrity lawyer Gloria Allred to fend off the offers, which she does not intend to accept, and to represent her as a witness.
"In addition to being a witness," Allred told a news conference, "Amber is also a victim of Scott's deception. Victims are entitled to attorneys, as are witnesses."
Frey has said she did not know Scott Peterson was married when she met him in November.
Scott Peterson was arrested last month after the bodies of his wife and baby washed ashore on the Richmond shoreline of San Francisco Bay, a few miles from where he says he was fishing when his wife disappeared from their Modesto home in December. He has pleaded innocent and is jailed without bail.
During a news conference Monday, Frey declined to answer questions and said she would refer all inquiries to her lawyer. She said she would not discuss her testimony before being called to the witness stand.
"Until that time I just want to lead a normal life and regain my privacy," she said.
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Court TV's Nancy Grace discusses Scott Peterson's hiring of Mark Geragos
May 6, 2003 May 6, 2003
Question from mspingpongf: Nancy what do you think made Geragos change his tune about Scott Peterson?
Nancy Grace: He got hired! That's why he changed his tune!
Question from Lyn: Nancy did great in the Larry King Ambush!
Nancy Grace: Man...that was tough! I felt so bad for Mr. Peterson....although he was pretty rude.
Question from magnolia: Do you think Geragos will be successful in his change of venue motion?
Nancy Grace: Possibly....but in that jurisdiction... when there is a change of venue very often the court buses jurors IN not move the case OUT.
Question from Brenda: Did you notice the smirk on Scott's face as he entered the courtroom? He kinda just strutted his stuff. What a pig!!!!
Nancy Grace: Nice suit....
Question from icechick: How in the world did you contain yourself when Lee Peterson called in..???
Nancy Grace: Years of practice dealing with angry defendant families in court. I felt awful for him....almost enough to forgive him for being abusive...but not quite@! Why is it when guys have an uphill battle...they call me a man hater? I don't hate men! just men charged with killing their wives!
Question from Red: Mark Gergaros said the prosecution's case was based on psychics and voodoo. Is it?
Nancy Grace: Hi red.... I brought that out last night... probably referring to reports in file not what the search warrants are based on....VERY IMPORTANT, where a psychic was contacted in fact there are reports that Mrs. Peterson, Scott's mother contacted a psychic....don't know if true....but that report may be in file also... any and all reports to police....tips...you name it are in file. That does NOT mean that those reports were any part of the basis for the search warrant, the arrest warrant, or the charges but its a convenient argument for mark Geragos to make!
Question from tantre: Hi Nancy, where has the rest of Scott's family been? I only see the daughter in law with them.
Nancy Grace: There are 7 sister/brothers in all.... I imagine they will all show up at some point.... to support their parents
Question from Caesare_Emperor_of_Universe: Nancy do you think that there will be a change of venue in the Peterson case, and, if so, where could the trial be held? (P.s. You were great on L.K.L., last week and this week! You re a strong, vibrant and intelligent panel member. I enjoyed your comments and analysis of the case.)
Nancy Grace: I think there will likely be a venue challenge and change. That does not necessarily mean that the trial will be moved ...again, the jurors may be bussed in.
Question from UH-OH: Will we see Geragos on Larry King since he took case?
Nancy Grace: Some.... maybe Thursday night
Question from shelly: Are Scott and his family aware yet of the evidence the police have against him?
Nancy Grace: No.....but they will...Geragos will have it all...already has thousands of docs.
I think MG made a stupid mistake in taking this case. But what do I know....lol..
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