adding
Posted on 05/28/2003 5:46:12 AM PDT by runningbear
Peterson Sports New Look; Prelim Set For July 16
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Peterson Sports New Look; Prelim Set For July 16
POSTED: 2:30 p.m. PDT May 27, 2003
UPDATED: 4:44 p.m. PDT May 27, 2003
MODESTO, Calif. -- The judge overseeing the murder case of Scott Peterson ordered that police records of telephone calls made between Peterson and his lawyer and investigator earlier this year be turned over to his new defense attorney Mark Geragos.
The Many Looks Of Scott Peterson
Police listened in or recorded at least two of the 69 calls between Peterson and Modesto attorney Kirk McAllister as part of widespread monitoring that also taped Peterson's calls with reporters. Police also listened in on a call between Peterson and a private investigator.
Geragos said he expected to receive the police records Tuesday afternoon.
"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.
Peterson Attorney Mark Geragos News Conference
Peterson, 30, is accused of killing his pregnant wife, Laci Peterson, and unborn son, Conner, last Dec. 23 or 24. Stanislaus County authorities will outline their death penalty prosecution against Peterson during a three-day preliminary hearing beginning July 16.
Peterson, arrested April 18, maintains his innocence, saying he last saw his wife when he left for a Christmas Eve fishing trip.
Talks between attorneys and their clients are considered privileged conversations and investigators are not supposed to listen. McAllister said earlier this year he was skeptical of claims that police recording equipment was turned off when it became clear that Peterson was talking with his lawyer.
But John Goold, a chief deputy district attorney for Stanislaus County, told reporters Tuesday that prosecutors have never seen or heard anything from the Peterson-McAllister calls monitored by police. He said when prosecutors realized that police investigators had listened in or recorded some calls they ordered them sealed.
A May 23 court filing by Stanislaus County prosecutors reported that police agents briefly monitored two of Peterson's calls to McAllister on Jan. 14 and 15, but maintained they overhead nothing of substance related to the case.
The court filing expressed similar sentiment about a Jan. 29 call that was briefly monitored between Peterson and Modesto private investigator Gary Ermoian. In none of the instances, argued the district attorney's office, did prosecutors later listen in or use the conversations as a basis for their investigation.
"Our requirement is to not listen in on privileged phone calls," Goold said.
Stanislaus County prosecutors notified 66 people this month whose .....
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Scott Peterson Appears In Court
ABCNEWS Learns Scott May Have Cheated Before
Scott Peterson Appears In Court
ABCNEWS Learns Scott May Have Cheated Before
May 27 — The judge in the Scott Peterson case ordered that police recordings of 69 telephone calls made between Peterson and his lawyer earlier this year be turned over to his new defense attorney. Meanwhile, police think Scott Peterson cheated on his wife Laci more than once, ABCNEWS has learned.
Police recorded the calls between Peterson and Modesto attorney Kirk McAllister as part of widespread monitoring that also taped Peterson's calls with reporters. Geragos said he expected to receive the police tapes Tuesday afternoon.
"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.
Stanislaus County Superior Court Judge Al Girolami also said Tuesday he would probably keep court documents sought by reporters sealed until a July 15 hearing, when prosecutors will outline their case against the fertilizer salesman accused of killing his pregnant wife, Laci, and their unborn son.
Scott Peterson's attorneys Mark Geragos and Kirk McAllister.
In a pretrial hearing held Tuesday, the judge said he was also considering a gag order on lawyers in the case to prevent leaks fueling news stories.
Girolami said he would rule by the end of the week whether to unseal police reports and arrest warrants and autopsy results of Laci Peterson and her unborn son.
But the Modesto judge told Charity Kenyon, a Sacramento lawyer representing The Modesto Bee and four other California newspapers, the documents would most likely remain impounded until the July hearing. There, prosecutors who are seeking the death penalty will show the evidence needed to take the case to trial. Scott Peterson in court on May 2, 2003.
(ABC7)
Kenyon, arguing that the documents be made public, told the judge that Peterson's right to a fair trial could be protected other ways, including moving it to another county and sequestering a jury. But Girolami asked aloud whether, given the great amount of publicity in the case, whether 12 fair jurors could be found anywhere in California if the information was unsealed.
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KGO has many video clips
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Peterson's calls to be turned over to defense Wiretapped conversations between Modesto murder suspect, lawyer will be given to his new lead attorney
Article Last Updated: Wednesday, May 28, 2003 - 4:06:53 AM PST
Peterson's calls to be turned over to defense
Wiretapped conversations between Modesto murder suspect, lawyer will be given to his new lead attorney
By FROM STAFF AND WIRE REPORTS
MODESTO -- The judge overseeing the murder case of Scott Peterson ordered that police records of telephone calls made between Peterson and his lawyer and investigator earlier this year be turned over to his new defense attorney, Mark Geragos.
Police listened in or recorded at least two of the 69 calls between Peterson and Modesto attorney Kirk McAllister as part of widespread monitoring that also taped Peterson's calls with reporters. Police also listened in on a call between Peterson and a private investigator.
Geragos said he expected to receive the police records Tuesday afternoon.
"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.
Peterson, 30, is accused of killing his pregnant wife, Laci Peterson, 27, and their unborn son last Dec. 23 or 24. Stanislaus County authorities will outline their death penalty prosecution against Peterson during a three-day preliminary hearing beginning July 16. The hearing is held to determine if there is enough evidence in a case to warrant a trial.
Peterson, arrested April 18, maintains his innocence, saying he last saw his wife when he left for a Christmas Eve fishing trip.
Talks between attorneys and their clients are considered privileged conversations and investigators are not supposed to listen. McAllister said earlier this year that he was skeptical of claims that police recording equipment was turned off when it became clear that Peterson was talking with his lawyer.
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Peterson defense will hear intercepted telephone calls
By JOHN COTÉ
and GARTH STAPLEY
BEE STAFF WRITERS
Published: May 28, 2003, 04:58:41 AM PDT
A judge Tuesday morning ordered prosecutors to provide Scott Peterson's attorneys with recordings of phone calls between him and his defense team.
The decision came on a day of wide-ranging activity in the murder case as attorneys agreed on a preliminary hearing date of July 16, and Judge Al Girolami indicated that he is "very likely" to seal autopsy, arrest and search warrant documents.
The 30-year-old Peterson, accused of killing his pregnant wife, Laci, 27, and their unborn son, Conner, appeared in Stanislaus County Super-ior Court in a light gray suit, his hair back to brown and cut short.
He seemed intent on the legal arguments during much of the hearing. But near the close of the nearly two-hour proceeding, the youngest of seven children turned in his chair and seemed to acknowledge his parents, Lee and Jackie Peterson, seated behind him.
Peterson's demeanor seemed to turn impassive as he glanced beyond them at the courtroom packed with journalists and his wife's family and friends.
Laci Peterson's family reported her missing from Modesto on Christmas Eve. Her body and her son's body washed ashore in San Francisco Bay last month, and Peterson's arrest came days later. He has pleaded not guilty in the case that could bring him the death penalty.
Court documents indicate that investigators intercepted 69 calls between Peterson and Modesto attorney Kirk McAllister, and two calls between Peterson and a private investigator working for the defense.
The defense asked to review the recordings to see if law enforcement listened in on legally protected attorney-client conversations.
Investigators mistakenly recorded sections of two calls between Peterson and McAllister, and one call between Peterson and the investigator, court documents say.
"We're probably talking about two minutes or less of total conversations," prosecutor Rick Distaso said in court.
Prosecutors said they followed the law during the wiretaps and have not listened to the recordings.
In response to Girolami's order, Chief Deputy District Attorney John Goold said he expected the recordings to be given to the defense by the end of the day.
Girolami held a 25-minute closed hearing with prosecutors and defense attorneys to hear their reasons for wanting to seal the autopsy reports, search warrant documents and an affidavit that lays out investigators' cause for arresting Peterson.
Prosecution and defense attorneys contend that releasing the documents would taint potential jurors and jeopardize Peterson's right to a fair trial.
Lead defense attorney Mark Geragos, from Los Angeles, also said the information potentially could alert other suspects and compromise evidence.
Charity Kenyon, an attorney representing a coalition of newspaper organizations, including The Bee, said the documents are public records by law.
Other mechanisms, such as moving the trial or sequestering jurors, are in place to ensure that Peterson receives a fair trial, she said.
Kenyon cited other high-profile cases in which public documents were not sealed, including the Polly Klaas kidnapping- murder, the Unabomber case and the 1970s Symbionese Liberation Army kidnapping of newspaper heiress Patricia Hearst.
"Openness in the court process is the rule in this country.......
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Attorney gets phone records
Prosecutors deny they listened to privileged talks
Attorney gets phone records Prosecutors deny they listened to privileged talks.
By Brian Melley
Associated Press
(Published Wednesday, May 28, 2003, 4:54 AM)
MODESTO -- The judge overseeing the murder case of Scott Peterson ordered Tuesday that police records of telephone calls made between Peterson and his lawyer and investigator be turned over to his new defense attorney. Prosecutors had not contested the release of the conversations record, which they said they had not heard or seen and had ordered sealed when they realized police investigators had been listening to or recording calls.
At least two of the 69 calls between Peterson and Modesto attorney Kirk McAllister were included in the widespread monitoring that also taped Peterson's calls with reporters.
Motions may follow
Police also listened in on a call between Peterson and a private investigator.
Peterson's new attorney, Mark Geragos, said he expected to receive the police records Tuesday afternoon.
"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.
Peterson, 30, is accused of killing his pregnant wife, Laci Peterson, and unborn son, Conner, last Dec. 23 or 24.
Stanislaus County prosecutors plan to seek the death penalty.
Peterson, arrested April 18, maintains his innocence, saying he last saw his wife when he left for a Christmas Eve fishing trip.
Stanislaus County prosecutors this month notified .......
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Levys bury daughter in private
Levys bury daughter in private
By MICHAEL DOYLE
BEE WASHINGTON BUREAU
Published: May 28, 2003, 05:03:07 AM PDT
Chandra Levy's remains were laid to rest at Lakewood Memorial Park on Tuesday, in a private ceremony attended by family and investigators who still hope to solve her murder.
The 11 a.m. service at the cemetery between Empire and Hughson took place without the cameras that have shadowed the case since Levy disappeared two years ago. It was a deliberate hush.
"It's always painful to watch a parent as they witness their child being lowered into the ground," said Billy Martin, a Washington attorney representing the Levy family and who attended the service.
In a telephone interview afterward, he described the 45-minute service. He said about 40 people attended the traditional Jewish ceremony colored by some nontraditional touches.
Rabbi Paul Gordon, of Modesto's Congregation Beth Shalom, officiated. Levy's parents, Bob and Susan, and her brother, Adam, read the Lord's Prayer. They took turns shoveling dirt over the wooden casket.
They released, at ceremony's end, a dozen white doves that found their freedom in the perfectly blue sky.
"It was a pretty heavy day for the Levy family," Martin said, adding later that "this is a difficult time for the fam-ily, and they hope that everyone will respect their privacy."
The service occurred in what has become a month of wrenching memories.
It was just more than two years ago, on May 1, 2001, that Levy's parents last heard from their 24-year-old daughter, via e-mail.
She had just concluded an internship with the U.S. Bureau of Prisons, and was due back in California for graduation from a master's degree program at the University of Southern California.
(Excerpt) Read more at ktvu.com ...
That was smart on the police's part, assuming they had evidence to arrest him, the fact they did so when his appearance was changed so everyone would see pictures of it lended credibility to their case.
Unfortunately, yes...UNLESS SHE HAD A WILL OR TRUST
If he is convicted of murder he will not be permitted to inherit any of her property. The law prohibits one to inherit property from a person he murdered even if he is included in a Will or Trust.
Unfortunately, yes...UNLESS SHE HAD A WILL OR TRUST
If he is convicted of murder he will not be permitted to inherit any of her property. The law prohibits one to inherit property from a person he murdered even if he is included in a Will or Trust.
I did a Google search on Community Property and found there is a fairly new law in Calif. in regards to the Community Property as far as a home is concerned.
All married California homeowners should know of this change.
New California Law: Community Property with Right of Survivorship
-- Law Effective July 1, 2001--
If you’re married and own a home or other real estate in California, it may help to know about a new law that will become effective July 1, 2001.
Background George and Barbara are married, and live and own a home in California. Their home has appreciated in value.
Joint Tenants. If George and Barbara own their home as joint tenants, they have created 50%-50% interests and a "right of survivorship". When one of them dies, the other (the survivor) receives title to the home outright (100%) by filing an Affidavit – Death of Joint Tenant with the County Recorder. This survivorship comes about regardless of what they say in their wills.
Community Property. Spouses (and only spouses) may own real estate as community property. Community property carries no automatic right of survivorship. If George and Barbara own their home as community property (without the effect of the new law), they have created 50%-50% interests, but without a right of survivorship. Each may pass on his/her share (50%) of the home to whomever they name in their will.
New Law: Community Property with Right of Survivorship
The new law provides for a right of survivorship for a married couple while owning a home or other real estate as community property. This would mean that when one spouse dies, the other spouse will own the home outright (assuming proper filing is done) and receive a "stepped-up basis" for the entire home (if it has appreciated in value) for capital gains tax purposes.Couples owning appreciated real estate as joint tenants may want to use the new law. To do so, consult an attorney experienced in this area for the necessary paperwork. Typically, this would be a deed signed by the couple granting to themselves their home as community property with right of survivorship. The paperwork may be created on or after July 1, 2001.
New Calif. Law Community Property
From above:Typically, this would be a deed signed by the couple granting to themselves their home as community property with right of survivorship. The paperwork may be created on or after July 1, 2001.
Maybe this is what the below action was all about.
Document Number--014751800 Dated: 11-DEC-01
Doc Type: TRUST DEED
( E ) AMBECK MTG ASSOC
( R ) PETERSON SCOTT L
( R ) PETERSON LACI D
From Here: Stanislaus County Records
That by itself can be powerful evidence of guilt, and has been in many past murder cases proven to be the swaying factor in juries' decisions. What's even more remarkable is that he would go to a stylist, what's he think the police wouldn't find out about it?
If he's not guilty, he sure isn't acting very bright.
THE FIVE FACES OF SCOTT
When Amber asked him if he had anything to do with Laci's disappearance,
Scott said; "Ah,ah, No! But I know who did."
Exactly!
And don't forget, the night he was arrested, before he asked for an attorney, he asked for a haircut. He KNEW what it was going to look like to the public.
I think one of the Fox analysts got it right last night.
Geragos changed Petersons's look because the dye job was growing out and his dark roots were beginning to show. Geragos had the dyed hair cut off so he wouldn't look so "punkish" with a two-tone hairdo.
-PJ
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