Research & Analysis : Misconceptions
1. The Insurance Policy
Many press reports
during the investigation into Laci Peterson's disappearance claimed that Scott
Peterson had taken out an insurance policy on Laci just after she became
pregnant.
"Modesto police told
Laci Peterson's family that her husband was having an affair and recently took
out a $250,000 life insurance policy on her, a family member said Thursday.
Detectives met with Laci Peterson's side of the family Wednesday night to tell
them why they believe Scott Peterson is responsible for the disappearance of
his 27-year-old pregnant wife, the family member said."
From Modesto Bee online Edition January 17, 2003
The implied
accusation was that this was a financial motive for her murder. However, the
truth is that Brian Ullrich called Peterson to suggest making an investment,
with a life insurance policy as part of that investment, 20 months before Laci
disappeared, well before she became pregnant and it was Laci who decided on the
amount of coverage for herself.
Testimony of
Brian Ullrich, friend and insurance salesman, July 26, 2004:
GERAGOS: You
understood that at the housewarming party they had just bought the house?
ULLRICH: Yeah.
GERAGOS: Shortly
after that at some point you enter this new career?
ULLRICH: Correct.
GERAGOS: You call
Scott, say financial planning, and then he comes in with Laci?
ULLRICH: Yes.
GERAGOS: You
originally suggest that Scott should get 250 worth of life insurance?
ULLRICH: Correct.
GERAGOS: And that
Laci should get a hundred?
ULLRICH: Correct.
GERAGOS: And Laci
said No, I want more?
ULLRICH: Correct.
GERAGOS: Okay. It
wasn't Scott who said I want more life insurance, was it?
ULLRICH: Laci said I
believe they both should be equal.
GERAGOS: Right. She
wanted it equal. It wasn't Scott who said Give me some more life insurance on
Laci?
ULLRICH: Correct.
GERAGOS: In fact, at
no time was it Scott's idea to get life insurance, it was your idea?
ULLRICH: It was my
recommendation.
GERAGOS: Right.
Because it was, as far as I understand with life insurance salesmen, and I
don't mean that in the derogatory sense, you know that old Woody Allen joke
about hell is being stuck in a hole with a life insurance salesman? The way
you make your money is, when the premiums come in, you get a percentage,
correct?
ULLRICH: Correct.
GERAGOS: So the more
insurance you sell, the more premium gets paid? I mean if there's a hundred
thousand dollar policy is cheaper than two fifty?
ULLRICH: Yeah.
GERAGOS: Okay. So
you specifically recommend that they get these policies, correct? And that
Scott's be larger than Laci's? That was your original plan?
ULLRICH: Correct.
GERAGOS: Okay. And
it was Laci, not Scott, who said I want to be equal with him?
ULLRICH: Yes.
GERAGOS: And Scott
said Fine, honey, whatever you want?
ULLRICH: He said
that's, that's fine.
The knowledge of an
existing insurance document was used by Law Enforcement in two ways. It was
firstly applied to create suspicion in the minds of family, friends and the
media, and secondly to put added pressure on Peterson. In order for it to
achieve maximum impact, Brocchini delivered news of the policy to the family on
January 16, 2003 at the same time as presenting the existence of Peterson's
mistress, Amber Frey - an emotional double whammy! He didn't give anyone the
full and true details of the policy, not the family and certainly not the media.
In the Preliminary
hearing of November 12, 2003 Brocchini agreed that he had known the policy was
not a recent purchase and during the trial testified on June 24, 2004, that he
had first spoken to Brian Ullrich regarding the policies early in the
investigation, on January 4 2003. Therefore, he was aware of all the above
facts, including that the policy was agreed upon in April 2001, nearly 20 months
before Laci's disappearance.
And yet, on January 17
2003, ModBee, SacBee, ABC, CNN news, and San Francisco Chronicle were just some
of the media that reported that Peterson had taken out a $250 000 insurance
policy on Laci the summer of 2002 soon after she became pregnant and just a few
months before she went missing.
Despite the fact that
Brocchini knew these facts to be incorrect, Investigators refused to confirm or
deny the reports and the misreporting surrounding the policy continued despite
Peterson describing them as "a bunch of lies".
Brocchini, also
admitted under oath that he told Laci Peterson's family that the policy had
"recently been taken out". Even Kim Peterson of the Sund Carrington Foundation
fell foul of the lie. She verified to ABC the existence of a policy, again
telling them that it had been taken out the summer after Laci fell pregnant.
Not only this, but
Brocchini positively went out of his way to point out these erroneous news
articles to friends of Scott Peterson, omitting that they were inaccurate.
In addition, Brocchini,
confirmed that it had been his intent to "plant the seeds of suspicion" in the
mind of Peterson's friend Aaron Fritz:
Testimony of
Detective Brocchini, Modesto Police Department, June 24, 2004:
GERAGOS: Now, some time on
January 4th, you went to go talk to a Brian Ulrich; is that correct?
BROCCHINI: I spoke
to him on the phone, I think.
GERAGOS: Okay. And
you told him that you recently received a tip that Scott had recently taken
out a life insurance policy on Laci; is that correct?
BROCCHINI: A second
life insurance policy.
GERAGOS: And you
tried to substantiate that, and you were checking into it; is that correct?
BROCCHINI: Yes.
GERAGOS: Now, there
was, as you determined, only one life insurance policy, correct?
BROCCHINI: No, I
never determined that.
GERAGOS: You never
determined that?
BROCCHINI: I didn't.
And,
GERAGOS: Somebody
during the investigation determine that?
BROCCHINI: I think
so.
GERAGOS: Okay. And,
at some point, the family, meaning Laci's family, Sharon and Ron, were told
that a $250,000 life insurance policy had recently been taken out; isn't that
correct?
BROCCHINI: I don't
know.
GERAGOS: Wasn't,
there was an article in the Modesto Bee about January 17th; isn't that
correct?
BROCCHINI: I imagine
there was an article in the Bee on January 17th. Probably a whole bunch of
articles.
GERAGOS: You
wouldn't know, you would know about that. You remember specifically that
article, don't you?
BROCCHINI: I do.
GERAGOS: And the
reason you specifically remember that article is because you got up at 6:40 in
the morning, and you called some of Scott's friends and told them to take a
look at that article, right?
BROCCHINI: Yes.
GERAGOS: So when you
got up, you saw that article about the recent taking out of a life insurance
policy, and the first person you called was who? Regarding Scott's friends,
who did you call?
BROCCHINI: I called
Mike Richardson.
GERAGOS: Okay. Did
you also call at any point an Aaron Fritz?
BROCCHINI: I have
spoken to Aaron Fritz before.
GERAGOS: Did you
write in a report that you were attempting to plant the seeds of suspicion in
Aaron's head?
BROCCHINI: I was.
GERAGOS: Okay. And
that's what, you have testified to that as well. I was attempting to plant the
seeds of suspicion in Aaron's head, correct?
BROCCHINI: I was.
GERAGOS: Who was
Aaron Fritz?
BROCCHINI: Good
friend of Scott's.
GERAGOS: Okay.
BROCCHINI: Let me
correct that. I'm sorry. Aaron Fritz was a good friend, and his wife were good
friends of Laci that they met Scott through.
GERAGOS: Did he
consider him himself to be a friend of Scott, as far as you know?
BROCCHINI: I did.
GERAGOS: As you were
trying to plant, as you say, the seeds of suspicion; is that correct?
BROCCHINI: I was.
GERAGOS: You were
trying to get him to call Scott and question him about various things that you
wanted answered; is that correct?
BROCCHINI: That's
correct.
GERAGOS: Then you
asked Fritz to call you back when he got the answers; is that correct?
BROCCHINI: That's
correct.
During the trial Mike
Richardson confirmed that Brocchini had contacted him to point out the story in
the Modesto Bee, this despite Richardson not even living in Modesto:
Testimony of
Mike Richardson, friend October 4, 2004:
HARRIS: You also, I think
Mr. Distaso mentioned, you interviewed, had an interview with Detective
Brocchini. Do you recall that?
RICHARDSON: Yes.
HARRIS: You recall,
I believe, it was a phone call?
RICHARDSON: Yes.
HARRIS: And during
that phone call, he called you approximately January 17th. Does that sound
about right?
RICHARDSON: I'm not
sure.
HARRIS: Just have
you take a quick look, refresh your recollection. Just kind of read that to
yourself. Does that refresh your recollection, it was around January 17th?
RICHARDSON: Yes.
HARRIS: He called
you and asked if you had read the Modesto Bee, had spoken with Sharon Rocha or
any of Laci's family in Modesto, is that right?
RICHARDSON: Yes.
HARRIS: He asked you
if you had. You replied that you had seen the 11:00 o'clock news in which
reported that Scott had a girlfriend and had recently taken out a $250,000
insurance policy on Laci, is that right?
RICHARDSON: Right.
HARRIS: Detective
then told you to go online and review the Modesto Bee article. And he
encouraged you or your wife Heather to call Sharon Rocha for further
information, is that right?
RICHARDSON: Yes.
HARRIS: You,
according to Detective Brocchini, he told you that Scott is no longer welcome
in any of Laci's friends or families' homes right now, and they are suspicious
of him. And he asked you, after saying that, to keep an open mind, is that
correct?
RICHARDSON: I
believe so, yes.
On January 29, 12 days
after the first media reports regarding the policy, Scott Peterson spoke out
about the insurance issue during a recorded interview with ABC's "Good Morning
America".

Despite
this public statement, which was both accurate and truthful, the flawed reports
continued with the document still being cited as a motive for murder even after
Peterson's arrest in April.
So here with have the
timeline, in black and white:
November
2000: Brian Ullrich meets Scott and Laci at
their Covena housewarming
April 2001:
Brian Ullrich approaches Scott to suggest they discuss financial planning. An
meeting is arranged which Laci also attended, resulting in their purchase of
the life insurance policies (one each.
May 2001: The
papers are signed.
June 9 2002:
Laci announces to family that she is pregnant.
December 24 2002:
Laci goes missing.
January 4 2003:
Brocchini speaks to Brian Ullrich regarding insurance policies Laci and Scott
took out with him.
January 16, 2003: Laci's family are told by Law Enforcement/Modesto Police
Department that Scott took out an insurance policy on Laci's life, just after
she became pregnant. At the same time, they are told about the existence of
Amber Frey.
January 17, 2003:
Media (including the Modesto Bee) report that Scott Peterson took out an
insurance policy just after Laci became pregnant. Investigators refuse to
confirm or deny the details.
January 17, 2003:
Brocchini calls Mike Richardson and tells him to read the Modesto Bee article.
January 17, 2003 onwards:
LE continue to refuse to comment on the insurance policies and media reports
with regard to it continue.
January 29 2003:
Scott Peterson appears in a television interview and tries to put the lies
about the policies to rest by confirming what Brocchini has already known for
25 days - the policy on Laci had been existence for nearly 2 years.
Brocchini kept the truth
about the insurance policy hidden from everyone outside of Law
Enforcement/Modesto Police Department. The objective was to place suspicion on
Scott Peterson from family, friends and media, and in turn, place him under even
more stress. No doubt this strategy was with the intent of exacting a breakdown
and confession from Peterson - it didn't succeed.
Unfortunately, for
Peterson the press and media never retracted their stories or pointed out their
errors so the misconception that he had taken out a policy on Laci just previous
to her disappearance stayed in people's minds, helping to convict him in the
public eye before he'd even stepped into the court room.
Hundreds of newspapers,
internet news sites, television stations etc. covered the lies about the
insurance policy filling airtime and column space for months, but uncovering the
truth in the court room was momentary and not enough to stamp out the fallacy.
Still the false impression of the policy lives on...
This series is authored
by Nadia Taze
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