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Laci's things in tug of war
The Modesto Bee ^ | May 31, 2003 | Garth Stapely and John Cote'

Posted on 05/31/2003 8:41:50 AM PDT by runningbear

Laci's things in tug of war


Laci Peterson's brother Brent Rocha loads a rocking chair from her Modesto home into the back of a truck Friday morning.

Laci's things in tug of war

By GARTH STAPLEY and JOHN COTÉ

BEE STAFF WRITERS

Published: May 31, 2003, 07:16:10 AM PDT

Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house on Friday, touching off controversy between her family and that of her husband.

Police responded to the Covena Avenue home at about 10 a.m. after a security company reported that the alarm had been triggered, Capt. Greg Savelli said.

Officers determined that Laci Peterson's family and friends were removing items that belonged to Laci, said Savelli, who added that officers documented what was taken.

"We're treating this as a civil dispute over property," he said. "It was clear to the Police Department that this was not a burglary.

Peterson's husband, Scott, 30, has been charged with double murder and faces the death penalty in the killings of his 27-year-old wife and their unborn son, Conner.

Savelli said the fallout from Friday's property removal "was best handled between the families and their attorneys."

Adam Stewart, an attorney for Laci Peterson's family, said the family had been in contact with Scott Peterson's defense team, who had agreed to allow Laci's mother, Sharon Rocha, to go through the house on Tuesday. She was to be accompanied by representatives of the defense team, and all items taken were to be photographed and videotaped.

Scott Peterson's parents and lawyers expressed outrage that the Rochas did not follow the agreement.

Jackie Peterson said the people who went into the home Friday had "absolutely no permission to be in that house. I have a lot of empathy for Sharon, but she does not have a right to go in our house and take what she wants."

Rocha did not appear to be among the packers. Calls placed to the Rocha home were not accepted.

Seven vehicles loaded

Among the items loaded into seven vehicles were a crib, a rocking chair and a box with Graco printed on the outside. Graco makes such products as strollers, highchairs and car seats.

Laci Peterson's family announced Wednesday that it had hired attorneys to help recover items from the house. A list included her wedding dress, jewelry and Conner's crib.

Jackie Peterson told The Bee that the security company notified her by telephone in San Diego County that the house alarm had been tripped.

The property removal appeared to take Scott Peterson's defense team by surprise.

Matthew Dalton, an attorney with lead defense attorney Mark Geragos' law firm, drove to the house and asked reporters if someone had reported a burglary.

Dalton went to Stewart's Modesto law office Friday morning and dropped off some items requested by the Rocha family, Stewart said.

Monday, the defense team moved other items, including what appeared to be gifts, to the Modesto office of defense co-counsel Kirk McAllister, for transfer to Laci Peterson's family. But the items had not been picked up by Friday morning, McAllister said.

Stewart said in front of the home that it would be "ridiculous" to suggest that the Rochas broke into the home.

"I apologize for it coming down to this," he said. "This is not the way we operate. This is for Laci, for Conner and Laci's family. It is not for the media or Mr. Scott Peterson's defense in any way, shape or form. It's depressing that it's come down to this."

Stanislaus County Chief Deputy District Attorney John Goold said prosecutors had no legal authority over the house.

"It's not a crime scene," Goold said. " This is a civil problem between the Rochas and the Petersons."

The house title is in Laci and Scott Petersons' names, county records show. In such a joint tenancy, when one titleholder dies, the title goes to the other.

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

Incident brings Peterson case close to home
Victim's family moves items from house, raising the issue of ownership.

Incident brings Peterson case close to home
Victim's family moves items from house, raising the issue of ownership.

By Garth Stapley and John Coté
The Modesto Bee

(Published Saturday, May 31, 2003, 4:47 AM)

MODESTO -- Laci Peterson's family and friends removed truckloads of items from the slain Modesto woman's house Friday, touching off controversy between her family and that of her husband.

Police officers were dispatched after a security company notified them that the alarm at the Covena Avenue home had been triggered, Capt. Greg Savelli said.

Officers determined that members of the Rocha family and friends of Laci Peterson were removing items that belonged to the slain woman and documented what was taken, Savelli said.

"We're treating this as a civil dispute over property," he said. "It was clear to the police department that this was not a burglary. It was a dispute over property and was best handled between the families and their attorneys."

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

Judge cites Peterson right to fair trial in denying report access

Judge cites Peterson right to fair trial in denying report access

By JOHN COTÉ
BEE STAFF WRITER

Published: May 31, 2003, 07:16:56 AM PDT

A Stanislaus County judge on Friday ordered that arrest and search warrants remain sealed in the case against Scott Peterson, who is accused of murdering his pregnant wife and unborn son.

Superior Court Judge Al Giro-lami's ruling also ordered the autopsy reports for Laci and Conner to stay sealed.

Thursday, District Attorney James Brazelton reversed his position and asked to have the autopsy reports made public, and the matter is set for hearing June 6.

Brazelton's about-face came after part of the fetus's autopsy report was leaked to the media. Prosecutors said that portion was clearly "skewed in favor of the defense."

Defense attorneys, coroner's officials, police and prosecutors have denied leaking the information.

Friday, in his ruling on all the documents, Girolami said releasing them "might irreparably harm the continued investigation into this criminal matter."

"Despite the fact that the complaint has been issued and a suspect has been arrested, the investigation and search for both incriminating and exonerating evidence in this matter continues," Girolami wrote.

Prosecutors and defense attorneys argued that releasing the documents could impede Peterson's right to a fair trial and damage an ongoing investigation.

Girolami agreed, saying in his ruling that releasing the documents "might result in the evidence being destroyed and witnesses being reluctant to step forward."

A group of newspapers, including The Bee, are seeking to have the documents unsealed.

Right to view reports argued

Charity Kenyon, an attorney representing the newspapers, argued that the public's right to view court documents was fundamental in an open legal system.

Other means exist for ensuring

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

Judge orders Laci Peterson autopsy report sealed

Judge orders Laci Peterson autopsy report sealed

The Modesto Bee

The Associated Press

Published: May 31, 2003, 06:49:17 AM PDT

MODESTO, Calif. (AP) - A judge ruled Friday that an autopsy report on the deaths of Laci Peterson and her unborn son should remain sealed along with other search warrant and arrest records.

Superior Court Judge Al Girolami said releasing the information could hamper the murder investigation and prejudice public opinion before a trial begins.

Girolami is scheduled to hear more arguments June 6 from prosecutors preparing a murder case against Peterson's husband, Scott Peterson. Prosecutors on Thursday asked that the autopsy reports be released to the public. They argued that media leaks of the reports are biased toward the defense.

Girolami also ordered that leaks of sealed information stop and indicated he would consider a gag order to stop the prosecution and defense teams from talking to the media.

Scott Peterson, 30, is accused of killing his wife and unborn son, whom the couple had planned to name Conner, last December in their home. Laci, 27, was eight months pregnant at the time. The bodies washed ashore in San Francisco Bay last month.

Contra Costa County authorities concluded their autopsy report earlier this month, but did not disclose the cause of death.

Several media outlets have released details of the coroner's report, and a spokeswoman for Laci Peterson's family members said Thursday they were "devastated" at hearing autopsy reports without warning on television.

The leaked reports indicated the unborn son had plastic tape wrapped around his neck and a significant cut across the shoulders.

Meanwhile, friends of Laci Peterson removed several personal articles Friday from the single-story Modesto home where she and Scott Peterson lived.

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

MOM'S MOVING MOMENT

MOM'S MOVING MOMENT

By HOWARD BREUER and MARSHA KRANES

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

May 31, 2003 -- Laci Peterson's mother - shattered by the graphic details leaked from the 25-page autopsy of her unborn grandson - yesterday began removing her slain daughter's belongings from the home she had shared with her accused murderer husband, Scott.

Sharon Rocha, accompanied by several friends and relatives, was seen at the Modesto, Calif., house removing the rocking chair Laci had bought to use when she nursed her infant son, as well as unopened Christmas gifts, clothing, chairs, lamps and artwork.

In doing so, she ignored the advice of her lawyer, Al Clark, that she wait until he, Scott Peterson's lawyers and court officials work out the procedures to be followed when she entered the house.

Modesto police arrived while Rocha was there, and she and her entourage left a short time later after packing seven cars full of Laci's belongings.

Hours later, lawyers representing Laci's family and Scott Peterson started haggling over whether removing the items was legal.

Scott Peterson's mother, Jackie, expressed outrage that the items had been removed since Laci's family had "absolutely no permission to be in that house."

Scott Peterson has pleaded not guilty to killing his wife and their unborn son.

Laci's family said Wednesday that they had hired lawyers to help them retrieve a baby crib and jewelry from the home.

Meanwhile, Clark told Fox News his client's anger over the grisly revelations leaked from her daughter's and grandson's sealed autopsy reports drove her to go get her daughter's possessions.

A family spokeswoman said Rocha was "devastated" by the reports describing how the near full-term fetus of her grandson Conner had plastic tape wrapped around the neck and a large cut across the chest when he was found in the shallow waters of San Francisco Bay last month.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended 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
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To: daylate-dollarshort
The Rochas left a list of the things that they took with the police who were present.
681 posted on 06/01/2003 11:37:55 AM PDT by Carolinamom
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To: Sandylapper
The rings are being discussed on FOX right now. Jeralyn Merritt is whining that Mark Geragos "will be helpless" with all the things taken. Grrrrrrrrrr.
682 posted on 06/01/2003 11:48:07 AM PDT by Carolinamom
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To: Carolinamom
Hey, Carolinamom! Just wanted to say that I must have overlooked a post that you made to me the other day. It was about the possibility that "evidence had been planted". Hope you found your answer, if it was a question. Do you remember? I think it was a subject that never had any legs.
683 posted on 06/01/2003 11:49:29 AM PDT by Sandylapper
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To: MaggieMay
It doesn't make any difference really.

Her attorneys are on record saying the Geragos called the Thursday morning, the day after the Greta appearance, and withdrew the agreement for Mrs Roacha to enter the house. Until the they "thought they had an agreement."

In the post above regarding Geragos letter, that report was made THURSDAY and published THURSDAY night at 7:44 pm--- just over 24 hours AFTER Rocha's appearance on Greta.

Articles state in no uncertain terms that Rocha's own attorney stated that on THURSDAY he advised his client not to go into the Peterson home. This was the day AFTER the Greta appearance.

Try as everyone might, history cannot be changed. To put it simply--- there was a deal in place sometime prior to Rocha's Greta appearance WEDNESDAY evening. Geragos contacted Rocha's attorney the following morning and withdrew from the agreement. Rocha was advised on THURSDAY by her attorney of Gergaros' withdrawl, and he advised her not to enter the home. She is quoted by her own attorney as responding "I have to do something." The next morning, FRIDAY, Rochas et. al. entered the Peterson home.
684 posted on 06/01/2003 11:50:30 AM PDT by daylate-dollarshort (http://www.strato.net/~cmranch)
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To: Carolinamom
Oh puh-lease! Not Jeralyn! Might need to go to another TV. The Sandlapper is watching the race in here.
685 posted on 06/01/2003 11:50:59 AM PDT by Sandylapper
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To: daylate-dollarshort
"Until the they" = Until then they
686 posted on 06/01/2003 11:55:35 AM PDT by daylate-dollarshort (http://www.strato.net/~cmranch)
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To: RGSpincich
You know RG, I saw the show with the Rochas with Greta, they had at that point no agreement, no response to several months of attempts to recover Laci's personal items, to go in to the house since early Jan. The Petersons have been in and out of that house, staying in that house at times since Jan. Having attempted oringinally by phone with no response, then by email with no response, they hired lawyers. It was only after going on air that suddenly the next day there were reports that both lawyers were now in negotiations to allow Laci's family in to the house. That was Thursday. Mid day thursday, the autopsy details started leaking about Connor, and we heard Jackie Peterson call in to Greta and state she just didn't know what Sharon was talking about, she could go in to the house at any time, that Jackie would even serve her tea, but that there was nothing of Laci left in that house.

Given that, plus the now stated agreement worked out for June 3rd, then the revoking and call to war from the defense side, we see what transpired on Friday. Sharon did have a key to the house, just not a key to the new padlock, nor the new alarm code.

As to crime scene, If MCAllister has not videotaped that house as one of the first steps when he came on to this case, then he is a fool, forget MG. More people have been in and out of that house since it was released as a crime scene than anyone can count.

This was a stupid issue for the Defense team to take a stand.





687 posted on 06/01/2003 11:57:30 AM PDT by Rusty Roberts (RB and RG have memories like elephants, thankfully for those of us who read but post infrequently)
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To: Sandylapper
I can't even remember.....serious case of whip lash just keeping up! LOL

Jeralyn drives me bats. I cannot believe that she passed law school.

When the FOX babe protested that Laci's family wanted something of Laci's, Jeralyn said the wedding ring was just a little old thing and it belonged to Scott. Completely insensitive to what the Fox gal (sorry, don't know name) was trying to point out.

688 posted on 06/01/2003 12:02:45 PM PDT by Carolinamom
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To: RGSpincich
Your statement that Gergaros "failed to mention that they will only be allowed to take three items" Very simple solution post your source!!!!
689 posted on 06/01/2003 12:12:54 PM PDT by daylate-dollarshort (http://www.strato.net/~cmranch)
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To: Carolinamom
"Jeralyn drives me bats. I cannot believe that she passed law school.

When the FOX babe protested that Laci's family wanted something of Laci's, Jeralyn said the wedding ring was just a little old thing and it belonged to Scott. Completely insensitive to what the Fox gal (sorry, don't know name) was trying to point out."

Just her voice drives me up the wall. However, her credentials are super. There is something about her demeanor on TV that grates and makes her seem non-credible. Maybe it's her liberal bent. As far as understanding the law goes, she is really a head above Greta.

She is correct however about the wedding ring---engagement ring too for that matter--- following Laci's death it does belong to him legally.

690 posted on 06/01/2003 12:23:03 PM PDT by daylate-dollarshort (http://www.strato.net/~cmranch)
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To: daylate-dollarshort
I have to tell you as I type this, I do not even get Fox. I have to rely on what people post to know what is going on. I believe the reason Sharon and her family were on the show was to advocate victims rights. That being said, I cannot comment further on what she said or meant on Greta's show without the transcript. You are correct that she was advised by her attorney to not go into the house. I believe she was goaded into it by Geragos as a diversion from his troubled defense strategies. I think she felt she had been ignored and jerked around by the Peterson's and their attorney's. I think the comfort of retrieving some of Laci's and Connor's things was worth even a few night in jail if it came to it.There is no doubt in my mind that the Peterson's would have picked that house as clean a swarm of locust and Sharon would have gotten nothing more from that house.Trust me, Geragos is going to milk this for all he can get. He is going to say this compromises Scott's case... yadda,yadda yadda.
691 posted on 06/01/2003 12:29:15 PM PDT by MaggieMay (A blank tag is a terrible thing to waste)
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To: texasbluebell
yeah but the flack that thread like the one we are on get can you imagine the monkey dung that would be thrown at a freeper dating zone.
692 posted on 06/01/2003 12:41:52 PM PDT by oceanperch (Who needs Hollywood Productions when you have Fox Reality TV?)
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To: Velveeta
#660 - Exactly Vel!! I'm in agreement with you. It's about time there was just a "little" slice of some kind of justice for the Rocha's. There should NEVER EVER have even been a question of them entering THEIR daughter's home to retrieve her personal things. Except of course for Laci's jewelry which Snott had already disposed of. I know they got one ring from the jeweler but other of Laci's jewelry was sent to Amber!!! The Rocha's have kept a very very low profile, causing no media scenes, making no derogatory statements etc. and I support them 100% in this latest move. You can be SURE that Snott or his Evil witch mother, would have sold some of Laci's stuff. eg. the crib and other baby things which never got to be used. Let's not forget, Jackie P. was already calling the Covena house "our" house.!!
693 posted on 06/01/2003 12:45:23 PM PDT by Canadian Outrage (All us Western Canuks belong South)
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To: daylate-dollarshort
On Thursday AM this was reported after the Greta show. I believe Geragos called Rocha's attorney Wednesday night after seeing the show. He said they could go in on 6/3 and didn't say a word about only taking three items. He sprung that on them the next day along with the autopsy blindside. That resulted in the argument and the ultimate breakdown between the parties.

Now where is your source stating they had a deal prior to the show?

Link

Defense lawyer Mark Geragos says he has worked out an agreement to let Laci Peterson's family visit the house and remove her journals, a food processor and a watering can that said "Laci's Garden."

694 posted on 06/01/2003 12:45:27 PM PDT by RGSpincich
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To: Rusty Roberts
Right on Rusty. You express yourself well. And very good point about McAllister. He was HIRED as Snott's attorney right in the BEGINNING. If he had not video taped and gone through that house after it was released then he is a total dumbass. Geragos has absolutely NO argument of value.
695 posted on 06/01/2003 12:49:43 PM PDT by Canadian Outrage (All us Western Canuks belong South)
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To: freedox
With this kind of slimy Defense team and slimy clients, I think you'll find a GREAT DEAL will get lost along the way. You don't make deals with those kind of people.!
696 posted on 06/01/2003 12:54:09 PM PDT by Canadian Outrage (All us Western Canuks belong South)
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To: daylate-dollarshort
Thanks for laying all that out.
I was not impressed when the Rochas' set up a fund for their in ability to work due to Lacis' death and this lastest move really made the Rochas' look no better than the Petersons'.

I know someone who worked many years in probate and was told it brings out the worst greediness in all.
697 posted on 06/01/2003 12:57:57 PM PDT by oceanperch (Who needs Hollywood Productions when you have Fox Reality TV?)
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To: runningbear
Just in case you want to know what you are talking about. 

Stage 3: OBTAINING POSSESSION OF THE PROPERTY


STAGE 1 : THE NOTICE OF DEFAULT PROCESS
Foreclosure proceedings are initiated with a Notice of Default (NOD). The Notice of Default is recorded at the request of the lender by the trustee which, in effect, gives notice to the public that the loan is in default.

The actual recording of the notice takes place at the County Recorder's Office in the county in which the property is located. It denotes essential data pertaining to the trust deed, the amount in arrears, address of the property, and the date of recording.

In the state of California the trustor (Borrower) has three months from recordation of the notice of default to reinstate the loan (to make the loan current by paying all payments in arrears, any late charges, or other deficiencies). The law requires the lender to accept the trustor's reinstatement money during this three month period.
698 posted on 06/01/2003 1:01:49 PM PDT by itsahoot
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To: Carolinamom
Jeralyn Merritt and Janie Weintraub both inhabit the same "pod"!!
699 posted on 06/01/2003 1:04:13 PM PDT by Canadian Outrage (All us Western Canuks belong South)
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To: Carolinamom
I can't even remember.....serious case of whip lash just keeping up! LOL

Me too, and I was having a particularly bad day when I saw your post. Meant to go back later to respond, but never could muster up the nerve. LOL

So, according to Jeralyn, the wedding ring was just a little old thing, huh? It would be interesting to learn the total value of the newly-made ring, wouldn't it? IIRC, they were talking about some diamonds, weren't they?

700 posted on 06/01/2003 1:10:22 PM PDT by Sandylapper
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