Posted on 09/10/2003 5:27:47 AM PDT by runningbear
Prosecutors to use DNA against Peterson in delayed preliminary hearing
Tue Sep 2, 7:31 PM ET Add Crimes and Trials - Court TV to My Yahoo!
By Harriet Ryan, Court TV
MODESTO, Calif. (Court TV) — Prosecutors plan to use DNA to link Scott Peterson (news - web sites) to the murder of his wife and unborn son, but they will have to wait seven more weeks to do so.
A judge Tuesday postponed Peterson's scheduled Sept. 9 preliminary hearing — a "mini-trial" in which prosecutors lay out a bare bones case — until Oct. 20 to allow high-profile defense lawyer Mark Geragos to try two other cases in Los Angeles.
During the 20-minute hearing in Stanislaus County Superior Court, prosecutors, who have been tight-lipped about their case, referred to "mitochondrial DNA" they plan to introduce at the hearing. They did not specify what the genetic material was, but mitochondrial testing, a less exact method than traditional nuclear DNA testing, is often used on old, degraded or extremely small samples of hair, fingernails or bone. It is rarely used for blood evidence.
Laci Peterson disappeared last December about a month and a half before she was to give birth to the couple's first child. Her badly decomposed remains, along with those of the son she planned to name Conner, washed up on the eastern shore of the San Francisco Bay in April. Her 30-year-old husband, who told police he was fishing in the bay when she went missing, was charged with two counts of murder and now faces the death penalty. He denies any involvement, and his defense has suggested a satanic cult may be to blame.
In addition to the DNA, prosecutors Rick Distaso and Dave Harris alluded Tuesday to several other pieces of evidence they plan to introduce at the preliminary hearing. They listed the results of a satellite tracking device as well as testimony from dog handlers who searched for Laci Peterson (news - web sites) and a pregnant woman who was hypnotized as part of the investigation.
Lawyers for Peterson said they will challenge the admissibility of much of the evidence disclosed by prosecutors. Without giving reasons, Mark Geragos said he plans to file paperwork asking the judge to throw out results from the dog searches and from a GPS (Global Positioning System (news - web sites)) tracking device used during the investigation. It was unclear what was tracked.
Peterson's defense also plans to challenge the testimony of Kristen Dempewolf, a neighbor of Peterson who was also pregnant in December. Detectives apparently believed neighbors who say they saw Laci Peterson walking her dog after the time Scott Peterson is alleged to have killed his wife actually saw Dempewolf. Court papers refer to a hypnosis technique used during interviews with Dempewolf.
Geragos did not say on what grounds he would oppose her testimony, but he did say that at least one detective in the case did not realize she was hypnotized until recently. A spokesman for the district attorney's office referred to Dempewolf as a "supposedly hypnotized" witness, but declined to comment further citing a gag order in the case.
The defense also may attack the DNA results. Mitochondrial DNA testing is routinely used in court cases and was used to identify the remains of Sept. 11 victims. According to San Diego prosecutor Woody Clark, who specializes in DNA evidence and worked on the prosecutions of O.J. Simpson and David Westerfield, nuclear testing reveals genetic profiles that occur only one in a "quadrillion" people while mitochondrial results are often described to juries as occurring once or perhaps twice in a scientific data bank of 5,000 people.
Geragos also said Tuesday that the defense only recently learned about 31 pieces of potential evidence recovered near the remains of Laci and Conner Peterson. Geragos did not specify the materials, but said the defense is eager for them to be tested.............
Nancy Grace is filling in for Neal Boortz and she has Ted Rowlands on and they are discussing the Laci Peterson case.
I caught something about the reason Mark Gregaros had the preliminary hearing date changed was because he has another murder case he was starting shortly.
He thought he would be finished in about 4 weeks after it starts. Ted Rowlands said he is pretty sure Gregaro's other murder case will not be finished in four weeks so therefore the Judge will have no choice but to postpone it beyond the Oct. date.
Thanks, Spunky, for the news.
They also talked about I think the Prosecutor had a case starting the week after the Peterson trial is suppose to end. Garagos is about to end the one before Peterson, and if that be the case, and Garagos does not end in say 4 weeks, they can see it extend till JANUARY !!!!
I was going to post that, but it was not set in concrete, because it is only speculation as to how long the trial Garagos is doing, how long it will take.
From watching Garagos take charge over that court room...slick...I can see it extend till Jan. but we will have to wait and see.
I believe Ted Rowlands said it was a murder trial also.
When I tuned in, she was talking to a young reporter. I didn't get her name. I only have little exerpts here, as I was typing as I watched it. It lasted about 10 min. at the top of the hour.
He talks about Amber Frye..not about Laci
The pregnant lady, 8 mo...who had been hypnotised, was interviewed by this reporter. She was the lady walking her dog, AND WATCHED SCOTT LOADING THINGS INTO THE TRUCK. SHE HAD A CONVERSATION WITH HIM..SHE HAD BEEN UNDER HYPNOSIS FOR OVER 3 HOURS..TRYING TO RECALL WHAT HE WAS UNLOADING INTO THE TRUCK.
The focus of the hypnosis was on the conversation with Scott also.
She said..(reporter) she talked to this lady, and she said she saw things and talked to Scott and called the police to tell them after she learned about Laci's disappearence, that she had done this on the day Laci was to have disappeared.
Scott had close to 15,000.00 on him when he was caught near Mexico. he also had camping gear ( he told people he was going to live off the land in Mexico ). He was going to buy a car that day. Why did he have his brother's I.D. ? He wanted to play golf, and it was easier and cheaper to use his brother's membership card.
Then Catherine talked to David Thompson from THE GLOBE. This was about the latest Globe stories about oral sex in jail.
Sorry I didn't get the lady reporter's name or where she works. Basically, we didn't learn much here., other than I hadn't heard that Scott had talked to the pregnant lady. Who's leaking ? Because this lady reporter interviewed that lady who had been walking her dog AFTER she had had hypnosis.
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