A police officer took the stand in the Scott Peterson trial Wednesday, and testified about items found around Laci Peterson's remains when they were recovered along the shore of San Francisco Bay.
Park Police Office Timothy Philipps said that four pieces of fabric were among the items discovered near Laci's body. Defense attorney Mark Geragos pointed out that the fabric was never sent to a crime lab, implying that investigators did a sloppy job in their rush to blame Scott Peterson for the murder of Laci and her unborn son Conner.
Geragos is also expected to call to the stand one of the detectives in the case, Craig Grogan. This may surprise jurors, because Grogan already spent two weeks on the stand as an important witness for the prosecution.
Another key strategy for the defense will be to call their own forensics expert to raise questions about how and when Laci and her baby may have died. Geragos will also likely call Scott's own family -- possibly his parents -- to the stand. Legal experts say for the defense, it's all about creating enough doubt in the jurors' minds to let Scott Peterson go.
However, one well-known Peterson analyst is done commenting on the case, at least for now. Wednesday, Judge Alfred Delucchi imposed a gag order on attorney Michael Cardoza, who talked about the trial to CBS 5 and a number of other media outlets. Cardoza conducted a mock cross-examination of Peterson over the weekend at the request of Geragos, and Delucchi concluded Wednesday that Cardoza was covered by the attorney-client privilege, and could no longer comment publicly on the case.
Im still trying to figure out why he was gagged and Gloria is still walking around with her mouth opened wide!
Of course thats just my opinion....I could be wrong. (Dennis Miller)
"You might be the toughest little whacker. . .but in my world, you're about as worrisome as a cloudy day." (Dutch Dooley)
Peterson's defense suggests transients were involved in his wife's murder
Wed Oct 20, 5:22 PM ET Crimes and Trials - Court TV
By Harriet Ryan, Court TV
REDWOOD CITY (Court TV) — Scott Peterson's lawyer hinted Wednesday that the body of the double-murder defendant's pregnant wife was dumped into a narrow canal in the San Francisco Bay by transients.
Attorney Mark Geragos suggested the new theory on the third day of the defense case as he questioned a police officer who collected debris from the shore near where Laci Peterson's remains were recovered on April 13, 2003.
East Bay Regional Park Police Officer Timothy Philipps acknowledged that squatters frequented the area where the 27-year-old's body was found.
"Are we talking transients or homeless?" Geragos asked.
"Yes, sir. Homeless encampments," Philipps replied, adding that the shoreline could be accessed by a foot trail and that the area was not well-lighted at night.
Prosecutors, who are seeking the death penalty against the 31-year-old Peterson, contend he attached weights to his wife's body and tossed it in the bay during a fishing trip on Dec. 24, 2002 — the day he reported her missing.
During the prosecution's 19-week case, the defense repeatedly pointed jurors' attention to homeless people who lived in a park and a shelter near the Peterson's Modesto neighborhood.
It was unclear if Geragos planned to argue to jurors that the transients in the two areas — 90 miles apart — were somehow related.
Geragos focused on a large plastic bag recovered about 800 feet north of Laci Peterson's body on the other side of the canal, known as the Hoffman Channel.
Philipps told jurors that after someone pointed it out to him, he walked over to it and noticed a distinctive smell.
"To me, the odor was similar to the odor of the remains that were recovered," Philipps testified.
The officer said he took the bag as evidence not only because of the smell, but also because duct tape was attached to it. A strip of duct tape was also adhered to Laci Peterson's torso.
He said he told his superiors about the smell.
Asked by Geragos if he told Modesto police officers at the coroner's office about the smell, Philipps replied, "I believe I did."
A prosecution witness identified the bag as a pallet cover used to transport construction materials to job sites.
Under cross-examination by prosecutor Dave Harris, Philipps acknowledged that a cadaver dog dispatched to the bag did not detect the scent of decay.
Philipps also said that at the time he found the bag he had been near Laci Peterson's remains for seven hours.
"And that smell lasted with you?" Harris asked.
"Yes, sir. I'd say it did," Philipps said.
The officer also testified that he did not mention the odor in his report because he was not certain there was any connection between the body and the bag.
"My thought was the crime lab would be able to tie it in if there was a link," Philipps said.
Harris is to continue cross-examining Philipps after lunch.
Of course thats just my opinion....I could be wrong. (Dennis Miller)
"You might be the toughest little whacker. . .but in my world, you're about as worrisome as a cloudy day." (Dutch Dooley)
Mystic I found the same article and WAS GOING TO POST IT HERE, Stupid ignorant nothing. I can not believe Mark is pulling this old tarp and plastic smells like a body trick. This was covered in the testimony and discounted.
Remember they said it just smelled of something that had been in the water for along long time? Now Mark has these Homeless people the Killers? 90 miles from Laci's home. egads.
I do know why Gloria is not gagged, she is an attorney for a witness ie Amber, does not ave anything to do with defense or any Attorney client confidentiality. You know who should be gagged? Mark,he made all those promises in the beginning of the trial,ie I will bring you the real killer etc.
Now he is getting Scott ready to testify by having "Cardozza "sneak" in and spend three hours with 'Scott giving him a mock cross. He didn't do anything, no he is mingling with the defense and then going out to give his Unbiased views. Whoosh.
I would love to have Scott take the stand and the female do the cross, one lie and he's gone up the River forever.
D
1
aka deltacent aka deltater
Life may not be the party I had hoped for.......
But while I'm here I might just as well listen to the music and dance..
Delta said this in post #3 : Mystic I found the same article and WAS GOING TO POST IT HERE, Stupid ignorant nothing. I can not believe Mark is pulling this old tarp and plastic smells like a body trick. This was covered in the testimony and discounted.
If its discounted then why did Officer Phillips say that it did smell like this? It hasnt been discounted yet...at all.
Remember they said it just smelled of something that had been in the water for along long time? Now Mark has these Homeless people the Killers? 90 miles from Laci's home. egads.
Well...he hasnt gotten to that yet. But he does have a police officer testifying for him...that certainly says something...I think.
I do know why Gloria is not gagged, she is an attorney for a witness ie Amber, does not ave anything to do with defense or any Attorney client confidentiality. You know who should be gagged? Mark,he made all those promises in the beginning of the trial,ie I will bring you the real killer etc.
Delta...that happened before anyone was gagged. Remember..."its a slam dunk" comment by Brazelton?
Now he is getting Scott ready to testify by having "Cardozza "sneak" in and spend three hours with 'Scott giving him a mock cross. He didn't do anything, no he is mingling with the defense and then going out to give his Unbiased views. Whoosh.
I still dont think Scott is gonna testify.
I would love to have Scott take the stand and the female do the cross, one lie and he's gone up the River forever.
Thats why I dont think he is gonna testify.
Of course thats just my opinion....I could be wrong. (Dennis Miller)
"You might be the toughest little whacker. . .but in my world, you're about as worrisome as a cloudy day." (Dutch Dooley)
Oh HA HA I forgot Mark was gagged a long time ago I got so caught up in the sentence i was just flowing.
I can't believe you don't remember that the 'smelly" articles were proven eons ago to be the smell of the ocean. Or something..Do you honestly think the homeless people had anything to do with Laci? Come on girl we been in this trash case so long we are having illusions? Hee Hee
aka deltacent aka deltater
Life may not be the party I had hoped for.......
But while I'm here I might just as well listen to the music and dance..
Delta said this in post #5 : Oh HA HA I forgot Mark was gagged a long time ago I got so caught up in the sentence i was just flowing.
I can't believe you don't remember that the 'smelly" articles were proven eons ago to be the smell of the ocean. Or something..Do you honestly think the homeless people had anything to do with Laci? Come on girl we been in this trash case so long we are having illusions? Hee Hee
Smell of the ocean?
No I dont remember that at all.
Can you post an article about that?
Of course thats just my opinion....I could be wrong. (Dennis Miller)
"You might be the toughest little whacker. . .but in my world, you're about as worrisome as a cloudy day." (Dutch Dooley)
Defense expert asks prosecutor for some `slack' during grilling
By Julia Prodis Sulek
Mercury News
A key defense witness called to the stand to prove that Laci Peterson's unborn son lived for a week after she disappeared got so rattled during cross-examination Thursday he asked the prosecutor to cut him some slack.
The witness, fertility specialist Charles March, came under a severe attack by prosecutor Dave Harris when he said he based his findings, in part, on the date a friend said Laci Peterson took a home pregnancy test. And March conceded he got that date wrong. ``It was an error by two days,'' March said. ``I would, like, cut the two-day slack.''
After several hours of intense grilling, March rose from the stand, let out a big, full-cheeked sigh, smoothed back his hair, which had dropped into his eyes, and downed a cup of water.
``When an expert says `cut me some slack,' '' legal analyst Jim Hammer said outside the courtroom, ``it's all over.''
The domination of Harris over a defense witness was a significant moment for the prosecution, which often found its own witnesses pummeled by defense lawyer Mark Geragos.
When court ended in Redwood City for the day, Judge Alfred Delucchi told the jury they would be sequestered in a hotel during deliberations, scheduled to begin Nov. 3.
The age of the fetus is crucial to the defense. If jurors are convinced the fetus lived past the day Laci Peterson disappeared, they may have little choice but to acquit Peterson of his wife's murder. Peterson was hounded by media and police for weeks.
Geragos has said that Laci Peterson, who was eight months pregnant, was abducted by strangers as she walked her dog on Christmas Eve morning 2002. She was kept alive for at least several days, Geragos contends, before her baby was carved out of her womb and both were thrown into San Francisco Bay, where they washed up separately 4 1/2 months later.
A prosecution expert had testified that the fetus probably died Dec. 23 -- the night police believe Peterson killed his wife. He based that on the length of the fetus' thigh bone, information about Laci Peterson's last menstrual period and her first ultrasound. This IS CALLED SCIENTIFC FORENSICS.
But on Thursday, fertility specialist March testified that the fetus died no earlier than Dec. 29, 2002 -- five days after Laci Peterson was reported missing.
He based his finding in part on measurements from Laci Peterson's second ultrasound, in which one of her doctors added six days to her due date because the baby's measurements were slightly smaller than average for that point in her pregnancy.
But March also said he considered a report from a friend of Laci Peterson's, Rene Tomlinson, who said Laci called her June 9 to say she had taken a home pregnancy test and it was positive. March said he calculated the conception date, in part, on that. (He first thought the test was done June 11, spurring the heated exchange with Harris.)
But the prosecutor pointed out there was no evidence Laci Peterson took the pregnancy test on the first day it would have registered positive. She could have been several days pregnant when she took the test, Harris suggested, throwing off March's calculation.
But March seemed to assume Laci Peterson would have been taking daily pregnancy tests after missing her menstrual cycle. And if she had a positive test the day before -- June 8 -- she would have said so during a baby shower for a friend that day .
``The chance that a woman hosting a baby shower would not announce on the day of a shower that she's pregnant is not realistic,'' March said.
``You're making an assumption, forming a medical assumption'' on that? Harris asked.
``I know how excited people get with a positive pregnancy test,'' March replied. ``That would be a good assumption.''
At one point in Harris' relentless cross-examination, March pleaded with Harris: ``Just please tell me what page it is'' referring to another doctor's report.
But Harris didn't let up.
``Do you have the absolute ability to say this baby died on Dec. 29?'' Harris asked.
10-21-2004 09:03 PM
