Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Prosecutors want autopsy results unsealed
The Modesto Bee ^ | May 29 2003 | John Cote' and Garth Stapely

Posted on 05/30/2003 5:41:15 AM PDT by runningbear

Prosecutors want autopsy results unsealed

Prosecutors want autopsy results unsealed

By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS

Published: May 29, 2003, 07:40:54 PM PDT

Prosecutors have reversed their position and are now asking a judge to unseal autopsy reports for Laci Peterson and her unborn son after details allegedly from one report were leaked to the media Thursday.

“The information being leaked has clearly been skewed in favor of the defense,” prosecution documents filed in court Thursday say. “The People cannot see why the autopsy documents should not be released.”

Defense attorney Mark Geragos strongly denied the leak came from his team. "I don’t know who they got the document from and I certainly didn’t want the document public," Geragos said.

The prosecutors’ shift on the autopsy reports came after NBC News reported they had obtained “a portion of the coroner’s report on the autopsy on the fetus.”

The document says the fetus was found with 1 1/2 loops of plastic tape around its neck and had a significant cut on its torso that had been inflicted after death, MSNBC reported on its Web site.

The information could be used to bolster a defense theory that Laci and her unborn child were slain in a ritualistic killing, possibly by Satanic cult members.

Stanislaus County Judge Al Girolami had ordered the autopsy reports tentatively sealed on May 15 at the request of prosecution and defense attorneys. He was scheduled to make a final decision on the sealing by today.

A statement released Thursday from the district attorney’s office says prosecutors “cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court’s order.”

Senior Deputy District Attorney Dave Harris had argued in favor of sealing the documents at a Tuesday hearing, saying it was necessary to protect Scott Peterson’s right to a fair trial.

Charity Kenyon, an attorney representing a coalition of newspaper organizations, including The Bee, said during the hearing that the public’s right to view court documents was a fundamental component of a transparent legal system.

----------------------------------------------------------------------------------------------

Peterson D.A. wants autopsies released
Prosecutor appeals to judge after reports leaked

Peterson D.A. wants autopsies released
Prosecutor appeals to judge after reports leaked

Suzanne Herel, Chronicle Staff Writer Friday, May 30, 2003

--------------------------------------------------------------------------------

A frustrated Stanislaus County district attorney did an about-face Thursday and asked a judge to release autopsy reports on Laci Peterson and her unborn son, saying that leaks about the condition of the baby's body were "skewed in favor of the defense."

District Attorney Jim Brazelton stopped just short of accusing defense attorneys for Scott Peterson -- who have hinted that a satanic gang was responsible for killing Laci Peterson and the couple's unborn baby -- of leaking selected details from the autopsy. But in asking a judge to lift a seal on the document, Brazelton said prosecutors hadn't released the document, even to Modesto police or to Laci Peterson's family.

Brazelton filed court papers to make the autopsy public hours after the cable news outlet MSNBC reported that the unborn baby had been found with a loop and a half of plastic tape around his neck and that there was a "significant cut" on his torso inflicted after death.

"The information being leaked has clearly been skewed in favor of the defense," Brazelton, who originally had asked for the autopsies to be sealed, said in his motion Thursday. "By releasing the autopsy reports, the court will allow the media to see what the actual facts are, and then accurate information may be reported."

Superior Court Judge Al Girolami is scheduled to hear the motion June 6.

Mark Geragos, who is defending Scott Peterson on capital murder charges that he killed his wife and their unborn son, did not return phone calls to his office Thursday, but told the Associated Press that he would not comment on the reports.

Girolami "more than telegraphed that he does not want us commenting on the case" during a closed meeting in his chambers Tuesday, Geragos told the AP.

INFORMATION NOT CONFIRMED

The Contra Costa County Sheriff's Department, whose coroner conducted the autopsies, would not confirm or deny the information in the leaked report.

The bodies of Laci Peterson, 27, and her unborn son, whom the couple had planned to name Conner, were found in mid-April after washing ashore along the Richmond shoreline.

MSNBC, which did not say who had supplied.....

---------------------------------------------------------------

Grisly Questions

Grisly Questions

Autopsy Shows Badly Decomposed Laci Peterson

May 30— Laci Peterson's head and parts of her limbs were missing and plastic tape was wrapped around the neck of her child, according to the full autopsy and coroner's photographs exclusively seen by ABCNEWS.

According to the autopsy, the skin of the child was not decomposed at all, though the right side of his body was mutilated, and the placenta and umbilical cord were not found with the body.

The autopsy said that the cause of Laci Peterson's death was undetermined, and there was no evidence of man-made wounds, despite the fact that her head and all or part of her limbs were missing.

Peterson's body was so badly decomposed it barely looked like a body after it was found in San Francisco Bay last month. However, the autopsy report showed her cervix was intact.

Experts are divided over whether the new revelations about the condition of Laci Peterson's body and that of her child will help prosecutors or Scott Peterson's defense.

On Thursday, sources close to the investigation told ABCNEWS the sealed autopsy report indicated a piece of nylon tape was looped around the child's neck when it washed ashore last month, and that there was a laceration or tear on the tiny body.

There also was tape on Laci Peterson's lower torso, outside her clothing, when her body was found April 14, a day after her baby's remains were recovered, the sources said.

Forensic pathologist Dr. Michael Baden told Good Morning America that the limbs and head were probably removed before Laci was put in the water.

The grisly new details could fuel speculation as to whether the baby ever lived outside the womb, which defense attorneys could use to undermine the prosecution's case against Scott Peterson, Laci's husband and the father of the child they had planned to name Conner.

The prosecutors handling the case said Thursday that since the autopsy was starting to be leaked to the media, the whole report should be released.

"The information being leaked has clearly been skewed in favor of the defense," Deputy Stanislaus County, Calif., District Attorney David Harris wrote in a statement released late Thursday. "By releasing the autopsy reports the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity."

Unanswered Questions

While the defense and prosecution dispute what the latest revelations might mean, experts also appear divided.

When asked what the tape on the bodies might mean to the case, Robert Pugsley, a law professor at the Southwestern University School of Law in Los Angeles, told ABCNEWS Radio: "This 8-month-old fetus was the direct intended victim, as well as the mother, of the homicidal activities of the murderer.

"This is a clear indication that the state is perfectly justified — indeed, I think, obliged — to pursue the double-homicide case which they've already laid," he said.

------------------------------------------------------------------------------------------------------

DA wants autopsy results made public

DA wants autopsy results made public Fetus had tape around neck

Thursday, May 29, 2003 Posted: 9:48 PM EDT (0148 GMT)

On the Scene: Toobin: Prosecutors calling bluff over autopsy report

--------------------------------------------------------------------------------

MODESTO, California (CNN) -- On the heels of gruesome information leaked from the autopsy report on Laci Peterson's unborn child, the prosecutor in the case filed a motion Thursday seeking to unseal the reports on both the mother and child so that the media can report "accurate information."

Stanislaus County District Attorney James Brazelton said the people of California have the right to correct inaccurate information, suggesting the media reports on the autopsy are not.

"By releasing the autopsy reports, the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity," his motion read.

Brazelton earlier Thursday released a statement, saying he "cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court's order."

He later decided to file the motion.

"It continues to be the view of the district attorney that the evidence in this case should be presented in court through testimony of witnesses and not selectively leaked to the news media by unknown persons whom the press will not identify," he said.

His motion will be heard June 6 in Superior Court in Modesto.

Scott Peterson, 30, is awaiting trial on two counts of murder for the deaths of his wife Laci, 27, and their unborn son, who was to be named Connor. Prosecutors have said they will seek the death penalty if he is convicted. Peterson insists he is innocent.

Just two days ago, Superior Court Judge Al Girolami heard arguments on whether to keep the autopsy results sealed, with prosecutors and the defense arguing that unsealing them could jeopardize Peterson's chance for a fair trial. News organizations countered by saying the results are a matter of public record and should be released. Girolami did not rule on the matter at that time.

--------------------------------------------------------------------------------------------------------

LACI'S UNBORN BABY HAD A 'NOOSE' AROUND HIS NECK

(((Ah, media sensationalizing the title, my opinion here!)))

LACI'S UNBORN BABY HAD A 'NOOSE' AROUND HIS NECK

By HOWARD BREUER and CYNTHIA R. FAGEN

--------------------------------------------------------------------------------

May 30, 2003 -- Laci Peterson's unborn child had plastic tape wrapped around his neck and a large cut across his shoulders when he was found in the shallow waters of San Francisco Bay.

The shocking revelation opens the possibility that the 81/2-month fetus had been born and then strangled, a forensic expert told The Post.

According to sources close to the probe, the boy, who was to be named Conner, was found with 11/2 loops of plastic tape around his neck, with an inch gap in between the tape and the skin - making the tape resemble a noose.

Noted forensics expert Dr. Henry Lee said that would be "with strangulation." Lee, who is not connected with the case, said it was possible the child had been born and then strangled - but cautioned that more details needed to be revealed before he could say conclusively.

The latest blockbuster details were first reported by MSNBC and later confirmed by The Associated Press.

The revelations could bolster the defense's contention that members of a Modesto satanic cult - not Scott Peterson, Laci's husband - killed his wife and unborn child, Lee said.

"This opens up a lot of interesting questions," said the doctor, who provided DNA expertise for the O.J. Simpson double-murder case.

The new headline-grabbing murder mystery has intensified since Laci's headless body washed ashore in San Francisco Bay on April 14. The fetus was retrieved a day earlier.

Sources involved in the case told Fox News that investigators were not ruling out that the plastic tape could have been floating debris that managed to wrap itself around the baby's neck.

Top forensic pathologist Dr. Michael Baden doubts the fetus was actually born, but was still intact in the womb when Laci died. If the baby had been separated, Baden said, the tiny body would have deteriorated faster than Laci's.

Both bodies were found to be in the same condition.

"We just have to wait and see," Baden said.

Reacting to yesterday's stunning autopsy details, District Attorney James Brazelton lashed out at the media, saying that because of the leaks, his office had filed a motion to unseal the full 25-page autopsy report.

"The information leaked has clearly been skewed in favor of the defense," the motion stated.

Peterson, 30, who has pleaded not guilty, is in jail pending his trial on charges of double murder. Mark Geragos, Peterson's defense lawyer, has asserted that a mystery brown van was seen around the Petersons' neighborhood sometime around his 27-year-old wife's disappearance.

The defense also contends it knows at least four or five people who were actually involved in the "satanic" killing.

A preliminary hearing has been set for July 16, when prosecutors will have to show they have sufficient evidence to try Peterson on murder charges. If he is convicted, he could face death by lethal injection.

A spokesman for the Contra Costa County coroner's office left a recording saying officials would not comment.

(Excerpt) Read more at modbee.com ...


TOPICS: Activism/Chapters; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: California
KEYWORDS: avoidingchildsupport; baby; babyunborn; conner; deathpenaltytime; dontubelievemyalibi; getarope; ibefishing; laci; lacipeterson; smallbaby; smallchild; sonkiller; unborn; wifekiller
Navigation: use the links below to view more comments.
first previous 1-20 ... 381-400401-420421-440 ... 901-909 next last
To: Howlin
I imagine it must be a bitter sweet day for the Rochas. On the one hand, they are probably happy to have Laci's things, but it has to be very sad at the same time touching and holding her things after so long. Every item probably has a wealth of memories attached to it. Then there's Conner's things and what should have been. I can't imagine the pain Laci's mother must be dealing with.

On top of everything, what the defense is doing to torture this poor family even more is just evil.
401 posted on 05/30/2003 5:02:20 PM PDT by Lanza
[ Post Reply | Private Reply | To 380 | View Replies]

To: Carolinamom

So?

I said it could be anough to obtain a conviction.. But it's validity is always in doubt..

There's always a shadow hanging over circumstancial evidence. It's a puzzle piece that looks like it might fit where you want it to go.

That's why it's "circumstancial"

402 posted on 05/30/2003 5:04:27 PM PDT by Jhoffa_
[ Post Reply | Private Reply | To 398 | View Replies]

To: Lanza
It made me feel good to see all Laci's friends going with Brent today. Who knows, today may have been the best time they've had in months.
403 posted on 05/30/2003 5:04:46 PM PDT by Howlin
[ Post Reply | Private Reply | To 401 | View Replies]

To: runningbear
I see two things here. First, I thought Scott's people were keeping the Rochas out b/c since the house is now his, there was no legal right for Laci's family to go there. Yes, I thought that was very petty.

But then I heard the police were getting into the act. I thought they had released the place as a "crime scene". Now I'm not so sure. I am thinking the police were maybe bowing to some b.s. Geragos had filed about his apparent "parallel investigation"--and that the police were therefore saying the place had to stay as is.

So now the police and/or the DA say, "We have no further reason to keep anyone out of the house"? And even though the Rochas know that the house is Scott's, I think they are prepared to take whatever (presumably small) consequences come down from their "breaking and entering."

And maybe the Rochas' attorney filed something in the probate court claiming that the assets of the estate weren't being preserved. Maybe that will be the basis for the Rochas' explanation, which they may have to give to the probate court some day--or to some other civil court. I'm sure the vindication was worth it all to them.
404 posted on 05/30/2003 5:07:27 PM PDT by Devil_Anse
[ Post Reply | Private Reply | To 159 | View Replies]

To: Jhoffa_
The "doubt" is considerably lessened when there is a plethora of such evidence. I grant you that juries can better comprehend physical evidence, but when the amount of circumstantial evidence is overwhelming, the jury can convict w/out losing sleep....(The OJ jurors ignored both physical and circumstantial evidence and nullified the weight of both kinds.)
405 posted on 05/30/2003 5:09:43 PM PDT by Carolinamom
[ Post Reply | Private Reply | To 402 | View Replies]

To: BonneBlue; All

A FEW PICS FROM THE SLIDE SHOW KTVU

Laci's Family Removes Items From Her Home

On Friday, a representative of Mark Geragos -- Scott Peterson's defense attorney -- dropped several items off at the Rocha family attorney's office.

They were items Laci's grieving mother -- Sharon Rocha -- had requested. They were a Tiffany lamp Laci inherited from her late grandmother and a couple unopened Christmas presents.

At the same time, Laci's brother Brent and several of her friends entered Laci and Scott's home and removed a rocking chair and the furniture from their unborn son Connor's nursery and then sped away in front of media and the police.

The first three slides are of the items dropped off at the lawyers office. The remaining slides are of the Rocha family raid of the Peterson house.

Slide show

406 posted on 05/30/2003 5:10:45 PM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
[ Post Reply | Private Reply | To 302 | View Replies]

To: Wednesday's Child
Actually, I think Jackie just sees her murderous son as an extension of herself--and I think she only cares about herself (including extensions.)

Plus, I guess she's all worried b/c she thinks maybe now she'll never get to win "Mother of the Year".
407 posted on 05/30/2003 5:10:53 PM PDT by Devil_Anse
[ Post Reply | Private Reply | To 174 | View Replies]

To: Howlin
Jeeeeeeeeeeeeez...I have spent the day cleaning house with no TV on..........DRATS...hope there will be a repeat of the day's activities.

I betcha this hurts ol snotty and his lawyer.

408 posted on 05/30/2003 5:11:04 PM PDT by joyce11111
[ Post Reply | Private Reply | To 232 | View Replies]

To: Carolinamom

Exactly..

It's like money. Some evidence is "worth" substancially less than other evidence.

If it's worth less, then you need more of it.

409 posted on 05/30/2003 5:11:42 PM PDT by Jhoffa_
[ Post Reply | Private Reply | To 405 | View Replies]

To: Howlin
Thanks, Howlin. Keep us straight!

Rita Cosby was just on FNC and looked very determined to do her own damage control.

She said the evidence the Prosecution has against Scott is THERE and we don't and won't know about it till the trial..alot more than we suspect.

She knows it's a game the Defense is playing to cast doubt on Scott's guilt.

I think Geragos just used up his last ace...The Press isn't going to dance to his tune so quickly next time...I pray.

sw

410 posted on 05/30/2003 5:12:52 PM PDT by spectre (Spectre's wife)
[ Post Reply | Private Reply | To 374 | View Replies]

To: joyce11111
I'm hoping it does!
411 posted on 05/30/2003 5:13:20 PM PDT by Howlin
[ Post Reply | Private Reply | To 408 | View Replies]

To: STOCKHRSE
Nice to see you :)

I wonder where they think they can go where no one has heard of this case? I understand that in Modesto damn near everyone thinks he's guilty. It just seems so wrong, sleezy, shady, despicable,unethical IMO to pull all these stunts ( cult, mystery witness etc. keeping the Rochas out of the house) in order to get the venue change. It's Geragos who's spinning all this stuff and yet he gets to possibly benefit from a change in venue?
Aggrivates me no end. I can just hope then that it backfires on him big time.
412 posted on 05/30/2003 5:14:25 PM PDT by Wednesday's Child
[ Post Reply | Private Reply | To 390 | View Replies]

To: runningbear
Can you believe that is ALL they took over there? What a slap in the face.
413 posted on 05/30/2003 5:14:58 PM PDT by Howlin
[ Post Reply | Private Reply | To 406 | View Replies]

To: redlipstick
LOL.....
414 posted on 05/30/2003 5:16:12 PM PDT by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
[ Post Reply | Private Reply | To 329 | View Replies]

To: Jhoffa_; Carolinamom
Are you a lawyer?

No, although you were not courteous to wait for me to answer. My mother was ... but that was many, many decades ago.

I do know that I have heard repeatedly that circumstantial evidence can be as strong as an eyewitness. I'm still wondering why you see yourself as the last word on this.

415 posted on 05/30/2003 5:16:39 PM PDT by BunnySlippers
[ Post Reply | Private Reply | To 400 | View Replies]

To: spectre
I'd say July 16th is going to be a *very* interesting day.
416 posted on 05/30/2003 5:17:55 PM PDT by Howlin
[ Post Reply | Private Reply | To 410 | View Replies]

To: BunnySlippers
I asked that question of Jhoffa, not you, Bunnyslippers. Sorry if you misunderstood this. I'm w/you on the value of circumstantial evidence. The DA at the trial where I was a juror specifically pointed this out to us.
417 posted on 05/30/2003 5:20:24 PM PDT by Carolinamom
[ Post Reply | Private Reply | To 415 | View Replies]

To: Jhoffa_; Carolinamom
An alternative to circumstantial IS an eyewitness. What would you call an eyewitness? Circumstantial?

Your precious tape, direct evidence, is subject to interpretation. so, yes, circumstantial evidence can be just as strong as direct evidence.

418 posted on 05/30/2003 5:20:41 PM PDT by BunnySlippers
[ Post Reply | Private Reply | To 400 | View Replies]

Comment #419 Removed by Moderator

To: brneyedgirl; blondee123
I love that Geragos is outraged. He is being baited to be publicly mean to the Rochas--the family of a woman who washed up on shore in pieces, the family of a baby who floated around like so much trash. It is so perfect. He has stepped into a hornet's nest. Ooops!
420 posted on 05/30/2003 5:21:02 PM PDT by Devil_Anse
[ Post Reply | Private Reply | To 229 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 381-400401-420421-440 ... 901-909 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson