Judge keeps Peterson hearing open

CNN.com/Law center ^ | August 14, 2003

[runningbear]

Judge keeps Peterson hearing open

Thursday, August 14, 2003 Posted: 4:43 PM EDT (2043 GMT)

Defendant Scott Peterson, left, in a previous courtroom appearance.

MODESTO, California (CNN) -- The September preliminary hearing for a man accused of killing his pregnant wife will not exclude the public, a judge ruled Thursday.

Stanislaus Superior Court Judge Al Girolami said he would take a few days to decide, however, whether cameras should be permitted at the September 9 preliminary hearing for Scott Peterson.

After the ruling, Peterson attorney Mark Geragos withdrew his request to ban cameras from the courtroom.

"We might as well open it up entirely and pollute the entire state," Geragos said. A prosecution request to ban cameras remained in place.

Peterson, 30, has pleaded innocent in the killings of his pregnant wife, Laci Peterson, 27, who vanished on Christmas Eve, and their unborn son. The bodies washed ashore in April along the San Francisco Bay.

Earlier Thursday, the parents of Laci Peterson sent a letter via fax to the news media begging them to omit "unnecessary graphic details" when reporting on the deaths.

Several broadcast outlets, including CNN, Court TV and the networks, have argued that a camera should be allowed at the September hearing.

"The events of this week have once again added pain to our daily grief as we read in the newspaper details regarding our daughter and grandson's remains," said the letter, which was signed by attorney Adam Stewart.

The family, including Laci Peterson's mother, Sharon Rocha, also pleaded with Geragos to do everything he can to get the bodies released so the family can bury them "in dignity and peace when the time comes."

Officials said Thursday that after the remains are X-rayed, the court and prosecutors will hand them over to her family.

Defense attorneys earlier this week filed a court document against the media petition, saying a camera would prohibit Peterson from having a fair trial.

The defense pointed out that the gag order, which pertains to all statements by witnesses and counsel, was issued to protect the ability of both sides to select a fair and impartial jury.

In addition, if the hearing is open to the media, "the mere introduction of evidence at the preliminary hearing" could put the party introducing that evidence in violation of the gag order, the defense said.

The Stanislaus County district attorney has requested that Girolami bar cameras from the preliminary hearing out of respect for Laci Peterson's family.

Television media attorneys have countered that neither the prosecution nor defense argument offers sufficient reason to prohibit cameras.

They said that when the family, the police and Scott Peterson himself asked for national publicity to help find Laci Peterson, they received it.

The media attorneys also offered federal and state studies purportedly showing that cameras in courtrooms had little or no influence on the conduct of trials.

Also earlier this week, defense attorneys were allowed to look at the remains and allowed to take tissue samples. The bodies are at the Contra Costa coroner's office.

Other developments:

• Girolami responded to a prosecution motion to survey registered voters in Stanislaus and two other counties about how familiar they are with the case. The prosecution hopes to use the responses to fight any defense request for a change of venue. The judge said that before he makes a decision he wants to see a copy of the questionnaire.

• Girolami ordered that information from wiretaps on Scott Peterson remain sealed until a decision is made on whether to admit it as evidence.

• Girolami asked the district attorney to investigate whether defense attorneys violated a court gag order based on an article in the Modesto .....

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Peterson hearing to be open to public Decision next week on whether to allow live TV during trial

Peterson hearing to be open to public Decision next week on whether to allow live TV during trial

Charlie Goodyear, Chronicle Staff Writer Friday, August 15, 2003

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Modesto -- A preliminary hearing of the evidence against Scott Peterson will be open to the press and public, a judge ruled Thursday in overruling defense objections that it would prejudice potential jurors in Peterson's double-murder trial.

Judge Al Girolami of Stanislaus County Superior Court rejected arguments from Peterson's attorney, Mark Geragos, that a public hearing would hurt Peterson's chances of a fair trial. The preliminary hearing next month will be the public's first intimate look at evidence in the case and whether there is enough probable cause to hold Peterson over for trial.

Geragos had argued that some of the evidence the prosecution may present at the preliminary hearing might not be introduced in a trial. There is no way to keep potential jurors from hearing such tidbits, he said.

"We are in Stanislaus County, not in L.A. County," Geragos told Girolami. "I invite you any time you want to move this case to Los Angeles County, and we could do an open hearing there."

Girolami said there was no way of knowing whether the defense's fears were well-founded. "The harm expected is speculative," he said.

Peterson, 30, is charged with the murder of his 27-year-old wife, Laci Peterson, and the couple's unborn son. The victims' bodies washed up on a Richmond shoreline in April.

After losing his bid to keep the hearing sealed, Geragos told the judge he believed the proceedings should be televised. "The accuracy of the information when it's not televised is always suspect," he said.

Prosecutors oppose having a camera in the courtroom, saying it would distort the proceedings and intimidate witnesses.

Girolami said he would rule in a few days on whether to allow Court TV to provide a live feed to broadcast networks for the hearing in Modesto scheduled for Sept. 9.

Also Thursday, Girolami ordered an inquiry into an article that ran Wednesday in the Modesto Bee quoting a defense lawyer discussing a theory that Laci Peterson's body could have been dumped into the bay near a location in Albany where supposedly satanic artwork was found. Defense lawyers have indicated they will try to show that the killings were carried out by a satanic cult.

On Thursday, Geragos blamed "eavesdropping" for the report, noting that a reporter had been present in the lobby of a crime lab in Ripon .......

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Hearing open to public

Scott Peterson and attorney Mark Geragos, right, confer during Thursday's proceeding. AL GOLUB/THE BEE

Joe Peterson, Scott Peterson's brother, removes a parking ticket in front of the courthouse Thursday. DEBBIE NODA/THE BEE

Hearing open to public

By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS

Published: August 15, 2003, 05:03:08 AM PDT

Scott Peterson's preliminary hearing on double murder charges will be open to the public, Stanislaus County Superior Court Judge Al Girolami ruled Thursday. He delayed a decision on allowing cameras in the courtroom, saying he would issue a ruling in the next two days.

Also, Girolami said the defense camp earlier this week appeared to violate his gag order when, in front of a Bee reporter and photographer, an attorney discussed a theory regarding satanic ritual killings. The judge said he will consider the matter after the preliminary hearing.

Peterson, a 30-year-old Modestan, is charged in the deaths of his wife, Laci, 27, and their unborn son, Conner, and could receive the death penalty if convicted on both counts.

A preliminary hearing to determine whether there is enough evidence for a trial set for Sept. 9.

Defense attorney Mark Geragos had asked for the hearing's closure, arguing that widespread media coverage would poison jurors' minds and taint potential witnesses.

Charity Kenyon, an attorney for a group of newspapers that includes The Bee, fought to keep the hearing open, noting that similar proceedings in high-profile murder trials -- including those of O.J. Simpson, actor Robert Blake and convicted Yosemite killer Cary Stayner -- all have been open.

"This case has seen unusual publicity, but that does not mean unprecedented," said Rochelle Wilcox, an attorney representing broadcast media outlets. "Not everyone pays attention to what happens in this courtroom."

Geragos argued that the Peterson case was unique because it has created a "massive drumbeat within a small community" that would not have the same reverberation in a larger county like Los Angeles, where Geragos is from.

"I invite you, anytime you want, to move this case to LA County and we'll do an open prelim," Geragos said.

The judge said the high legal bar set by the U.S. Supreme Court to close a preliminary hearing had not been met, "even considering that this is a capital case."

"In short, this court cannot make a blanket closure," Girolami said.

Geragos later said he would not object to live TV coverage of the proceedings: "What the heck, let's just open it up and pollute the entire state."

Prosecutors and Laci Peterson's family are opposed to cameras in the courtroom.

'Not for entertainment'

"This is not for entertainment; this is not for ratings," Senior Deputy District Attorney Dave Harris said in court as Laci Peterson's mother and stepfather, Sharon Rocha and Ron Grantski, brother, Brent Rocha, and sister, Amy Rocha, sat in the front row behind him.

Harris also contended that it is "human.....

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Thursday's statement from the Rocha family

Thursday's statement from the Rocha family

Published: August 14, 2003, 04:02:00 PM PDT

Adam Stewart, attorney for the Rocha family, sent this letter to various news organizations Thursday: Sharon Rocha and all of Laci's family have asked that the following statement be issued on their behalf in response to numerous requests from the media for comment:

"These past eight months have been tremendously difficult for our family as we put so much hope and energy behind searching for Laci only to have our worst fears confirmed in April. There are no words to describe the pain we felt when we learned the remains were those of our beautiful daughter and unborn grandson. We have spent these past four months enduring this pain every day, every hour, every minute.

"The events of this week have once again added pain to our daily grief as we read in the newspaper details regarding our daughter and grandson's remains and hear unnecessary graphic details when we turn on the television. We respectfully ask that all deliberate attention and effort be made by Mr. Geragos to return Laci and Conner to us. As the family, we plead with the media to be sensitive to the fact that this is not a media story to us. This is our Laci and Conner whom we love with all our hearts. This is not a story … this is our life.

"Please treat her in death respectfully so that we as her family will be allowed to lay her and Conner to rest in dignity and peace when the time comes. We ask that you respect our privacy and understand our pain as we grieve for our beautiful Laci and baby Conner."

AND THE PRESS RELEASE OF THE MINUTES:

Superior Court, Stanislaus County August 14, 2003

Minute Order: (1) Defendant's Motion to Close Preliminary Hearing; (2) Media Motion to allow TV/Audio Coverage of the Preliminary Hearing; (3) People's Motion for Venue Survey; (4) People's Motion to Seal Part of the Opposition to the Defendant's Suppression Motion

[Yaelle]

Gives Peterson lots of time to experiment with new dyes and hairdo's!!

I would like to hear John Douglas's comments on this behavior of Scaughty's. No doubt it points to extreme narcissism, to a pathological point.

He planned to kill his wife Dec. 24 -- he got the Mailbox the day before. So of course that evening before he does the deed, he thinks "Gotta look good for the local papers tomorrow when I play the distraught hubby of a missing wife!" and goes to get his hair cut, with Laci, by her sister.

He gets to the jail with his preppy outfit and chlorinated towhead, and the first thing he asks them is not "May I make a phone call?" but "Can I get a haircut?" After all, the press will be taking pictures.

And since being incarcerated he has tried more hairstyles than Tori Spelling.

It's all about the Scott. He will still be wanting a blowdry as they inject him with the deadly shot.

[Canadian Outrage]

You nailed it!! I totally agree with you last three posts!!

[Yaelle]

Thanks, C.O. I wish we could see the monster's face as the witnesses testify at the prelim but we still have a chance to in trial, and we can't risk Geragos winning on a technicality. The thought of Scott out golfing like OJ makes me shudder.

[Sandylapper]

I wonder sometimes, if Peterson has really realized that it is a distinct possibility that he may be found guilty and either sentenced to death or Life in Prison without the possibility of parole - EVER!!

I seriously doubt it, but I think Lee and Jackie know the gravity of the situation.

Another thing I saw on CTV today--there seemed to be consensus that prosecution should have gone the grand jury route vs. the prelim. At this point, I think I agree. What about you?

[Devil_Anse]

In the judge's order giving his reasons for barring cameras, I believe he said something like 21 seats for media. The stuff is posted on this thread somewhere. It was posted by runningbear.

[Yaelle]

That's a significant amount. There will be steep competition for the best and the fastest coverage. If we have to use the media, it's good to keep them on their toes. We here at Laci Central will soon know which bread has the butter.

[Devil_Anse]

Some of those talking heads seem quite certain that the judge won't continue it again. Meanwhile, the prosecution will be hustling to get the discovery to Geragos, and will be assuring the judge that they have complied. I think they are complying. So I think the judge will take their side on the question of whether another continuance is needed. So I don't think it will be continued again.

[Devil_Anse]

Also, it's standard operating procedure for a different judge to hear the trial, than the one who hears the preliminary. Part of this comes from the idea that a judge who has heard part (but not all) of the evidence, might become sort of "tainted", as far as being impartial during the actual trial. I mean, at the end of the hearing, Judge Girolami (is that his name?) will have to rule: "Yes, there's enough evidence for now", or "No, I'm dismissing this." Once he's stuck his neck out that far, how could he then hear the trial?

So the thing should proceed on to a new judge after the preliminary. (Assuming it's not dismissed... fat chance.) SO, if YOU were Judge Girolami, wouldn't YOU be likely to deny a continuance, b/c granting one would mean this mess would STILL stay on your docket; denying a continuance means BYE-BYE to it!

[Devil_Anse]

You said it! His preoccupation with his hair is beyond bizarre. Remember, when this first happened, he was seen (when they could catch up with him) only with the cap and THE SIDES OF HIS HEAD WERE SHAVED. So none of his hair could be seen on TV. Obviously, it must have been Amy who did that haircut with the shaved sides.

It's as though he had it cut that way on purpose, in the hope that if he were filmed, Amber wouldn't recognize him. And as you say, he did it the very night before he first hit "the big time" by reporting his wife missing that next afternoon.

Did you ever read Clinton's mother's book? It's a fairly thin book. You wouldn't believe how much time she spent in that book, talking about her personal physical attributes. I mean, she spent, I think, most or all of the first chapter talking about her eyebrows, and her eyebrow makeup.

As you say, a sort of pathological narcissism. I see that similarity btw her and Scott. The preoccupation with "how do I look".

Have you ever had the misfortune to make an offhand comment to a narcissist about his/her looks? I mean, one can make the most GENERAL, INNOCUOUS comment, and the narcissist will absolutely STICK on that point until they've squeezed every shade of meaning out of what you said. It's SO important to them.

[Devil_Anse]

Heaven help any of them if their cellphone rings while in the courtroom. It sounds like this Judge Girolami can remember the days when everyone wasn't surgically attached to a cellphone, and when cameras weren't everywhere. He's probably one of those judges who has a sign on his door saying, "ANYONE BRINGING A CELLPHONE INTO THIS COURT WILL BE SHOT", or something like that.

Yes, when the reporters start reporting, I imagine we'll be getting as many reviews of their styles as we get recaps, on these threads. I even imagine there might be heated arguments with proponents for this reporter, opposing proponents of that reporter. Oh, well, in the midst of it all, we'll get all the tidbits from the testimony.

[Devil_Anse]

Yaelle, wouldn't it be just spectacular is they actually found the skull or one of the missing limbs, WHILE the preliminary or the trial was going on??

[Velveeta]

PROSECUTORS HYPNOTIZE LACI LOOKALIKE

By HOWARD BREUER and DAVID K. LI

---

August 20, 2003 -- The prosecution in the Laci Peterson murder case hypnotized a dog walker who resembles her in hopes of poking holes in husband Scott Peterson's defense, sources told The Post yesterday.
Cops believe Scott murdered Laci last Christmas Eve, before driving her body to Berkeley, Calif., and dumping it into San Francisco Bay. The defense has claimed witnesses spotted the pregnant woman walking her dog in Modesto at the time Scott Peterson allegedly murdered her.

To cut off the defense, prosecutors hope to show those witnesses were mistaking dog-walking Modesto resident Kristen Dempewolf, 34, for Laci, sources told The Post.

Both women were at about the same stage of pregnancy on Christmas Eve. Dempewolf delivered her baby at a Modesto hospital in early January - around the same time Laci Peterson would have given birth to son Conner.

Dempewolf's name surfaced on Monday, when unsealed court documents listed her - misspelled as "Deppenwolf" - as a witness interviewed under hypnosis. Investigators hypnotized Dempewolf so she could specifically recall when and where she was walking her dog on Christmas Eve, sources said.


Prosecutors need to discredit witnesses who reported seeing Laci walking her dog on Dec. 24 so they can defend their theory that Scott killed Laci in their home "on or about and between" Dec. 23 and 24 and dumped her body near San Francisco.

http://www.nypost.com/news/nationalnews/3670.htm

[Devil_Anse]

WOW!!! Thanks, Vel!!

I think the prosecution deliberately misspelled her name in that document b/c they knew it would be released, and they hoped to give her a few more days of freedom from the mobbing press. LOL! Needless to say, as soon as Sandylapper pointed out that name in the pleadings, I was looking it up on Anywho.com--and finding absolutely nothing, since the name was misspelled.

[Sandylapper]

Prosecutors need to discredit witnesses who reported seeing Laci walking her dog on Dec. 24 so they can defend their theory that Scott killed Laci in their home "on or about and between" Dec. 23 and 24 and dumped her body near San Francisco.

Thanks a million, Vel! Good info. The bad news is that there is not good, hard evidence in the home that she was murdered there. I was hoping that LE was "holding out".

[Sandylapper]

They probably did misspell her name on purpose. This woman must not be the DA we talked about. I think/thought her baby was born in October.

[Velveeta]

I thought I had found some "breaking news", but (as usual) Runningbear had the scoop on today's thread 5 minutes before I did. I'm convinced she never sleeps!

I wonder if this is the woman that Vivian Mitchell thinks was Laci. Would love to know what she looks like!

[runningbear]

LOL....

I had some thoughts on this earlier, but lost it in my daily duties at work....lol...

[runningbear]

Here is some breaking news I heard as I was going home today:

Breaking News: Defense team seeks to close Peterson's preliminary hearing to public

Breaking News: Defense team seeks to close Peterson's preliminary hearing to public

By JOHN COTÉ
BEE STAFF WRITER
Published: August 20, 2003, 12:31:39 PM PDT

Scott Peterson's defense team went to the state's 5th District Court of Appeal today in an effort to have Peterson's preliminary hearing closed to the public. Stanislaus County Superior Court Judge Al Girolami rejected the defense motion for closure last week, and now the defense is asking the appellate court to overturn Girolami's decision.

"If the preliminary hearing occurs without this court's intervention, the prejudice to Mr. Peterson and this investigation will be irreversible," defense attorney Mark Geragos wrote in documents filed with the 5th District court in Fresno.

The defense contends that closing the hearing is necessary to protect Peterson's right to a fair trial by an impartial jury, and asks the appellate court for "immediate intervention."

Peterson's hearing on double murder charges is scheduled for Sept. 9. At such hearings, the prosecution presents at least some of its evidence, and judges then consider whether the evidence is sufficient for trials.

Peterson, 30, of Modesto could get the death penalty if convicted in the slayings of his 27-year-old wife, Laci, and their unborn son, Conner.

In denying the defense motion for a closed hearing, Girolami said the defense had not met the high legal threshold to exclude the public from a normally open proceeding.

Girolami also said "the harm expected is speculative and not unlike that in other high publicity cases."

Media attorneys noted that other high profile murder cases - including the prosecutions of O.J. Simpson, actor Robert Blake and Yosemite sightseer killer Cary Stayner - all have included open preliminary hearings.

Girolami decided Monday that he will not allow television ....... pending follow ups maybe tomorrow...

This case is getting stranger. I think Geragos is cooked! ;o)

Why else would he ask for close hearings, after he couldn't get full disclosure hearings? After all, it is the defense asking for delays, not the prosecution!

[RGSpincich]

there seemed to be consensus that prosecution should have gone the grand jury route vs. the prelim.

Brazelton wants the prelim so that he can put some real evidence out there to debunk the goofy defense theories. At least that's what he said a month or so ago.

[Canadian Outrage]

This is good news to me. I think Geragos "knows" Peterson killed his wife and baby and he "knows" that LE has good evidence and he's extremely desperate to keep it out of the public domain. I have always had a feeling that Amy Rocha's visit to the Peterson home with the Police produced something very valuable AND I have a suspicion that something in the way of clothing that they found on Laci's corpse was also telling eg> PJ'!!