1 Aug 2003 Wiretap law challenged
Scott's defense team filed court documents claiming that part of California's wiretap law violates the state constitution. Attorneys for television networks filed more than 900 pages of documents outlining opposition to keeping the press and public out of the preliminary hearing.
5 Aug 2003 Efforts to suppress wiretap evidence
Scott's defense team filed a 20-page defense motion to prevent wiretap evidence from being presented at Peterson's trial. The motion revealed that police offered Scott a deal in January: if he told them where Laci's body was, they wouldn't seek the death penalty. Scott refused the offer. The motion claimed that the offer is evidence that the police processed this case as a capital murder case, which required certain procedures to be followed, and which were not followed.
11 Aug 2003 Defense conducted autopsies
Defense team conducted its own autopsy and examination of the bodies of Laci and Conner. Judge Girolami approved guidelines for the defense on Friday, allowing only a single day, from 9 a.m. to 5 p.m. Dr. Henry Lee and Dr. Cyril Wecht performed the forensic examination, which included access to all x-rays and MRIs. The defense was allowed to take "a reasonable amount of tissue" and bodily fluids for study.
12 Aug 2003 Satanic artwork
Defense team briefed Drs. Lee and Wecht on a satanic cult theory, including paintings and artwork near San Francisco Bay and an experiment showing that Laci's body could have been placed in the water at the art site. The site is located at The Bulb, which is the rounded end of a peninsula near Point Isabel. The defense position says Laci's murder is linked to Evelyn Hernandez and was performed by a satanic cult. About this time, reports circulated that Laci had a sonogram on December 23, which would prove very beneficial in helping determine when Conner died.
13 Aug 2003 Brocchini interviewed Greg Smith
In the phone interview, Smith told Brocchini that he met with Scott in March '03 about subleasing the warehouse. Scott had vacated the warehouse. The Peterson family had hired some new lawyers and wanted to know if Smith could show the lawyers the warehouse. Smith agreed and arranged to meet them on June 29. Dalton and Pavelic were outside when Smith arrived, and had several photographs. They wanted Smith to be in a photo, but he declined. Smith opened the small office door, and there were about 20 faxes on the fax machine. Dalton and Pavelic wanted to take the faxes, but Smith wouldn't let them, saying the warehouse was Trade Corps not Scott's, so Dalton and Pavelic spread them out on the floor and took pictures of them, about 20 pages. After they went into the warehouse, Dalton told Smith, 'I don't see what I'm looking for, do you?' Smith replied that he didn't know what Dalton was looking for. Dalton said, 'we're looking for debris of cement that was possibly used when making anchors.' Smith said it was sounding like Dalton was referring to something that he read in a police report? Yes. Smith told Dalton that the warehouse was packed several months ago, but ever since then it's been empty so he was too late to see what was in the warehouse? Smith said as he and Dalton were near the back of the warehouse where the bathroom is, Pavelic began hollering at Dalton to hurry and come over? Yes. Smith said Pavelic held up something that Pavelic found on a forklift. Pavelic was holding up something that resembled a water bottle, however, he couldn't be sure? By the time Smith and Dalton got over to where Pavelic was, Pavelic had concealed the item so Smith couldn't see it? Smith said Pavelic seemed to think whatever he found was significant. Pavelic told Smith I am not asking you, I'm taking this. Smith told Dalton and Pavelic, if I were representing you, I wouldn't let anyone take anything out of the office while I was there without your permission, right? Smith said he couldn't be sure of what the item was Pavelic had taken from the warehouse, other than Smith remembering it looked something like a water bottle with a photograph? Once they were outside, Smith pointed out a neighboring building or a neighboring warehouse, and advised Dalton and Pavelic that Peggy had allowed Laci to use the restroom on 12/23/02? Smith said Dalton and Pavelic drove out of the warehouse parking lot without contacting Peggy?
14 Aug 2003 Prelim hearing kept open
Judge Girolami heard arguments on how to proceed at the preliminary hearing and ruled that the hearing would be open, denying the defense request for a closed hearing. Girolami said he would take a few days to decide, however, whether cameras should be permitted. Girolami said he would hear arguments on possible violations of the gag order by both the prosecution and the defense after the preliminary hearing. He also 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. Finally, Girolami ordered that information from wiretaps on Scott Peterson remain sealed until a decision is made on whether to admit it as evidence.
14 Aug 2003 Petersons subpoenaed
Lee and Jackie Peterson were served with subpoenas by the prosecution as possible witnesses at the preliminary hearing. Witnesses typically are not able to be in the courtroom when other evidence is presented. Lee characterized the subpoenas as an attempt by prosecutors and police to prevent him and his wife from defending their son in comments to the media.
17 Aug 2003 No intentional dismemberment
Reports on the findings of Drs. Lee and Wecht in their examination of Laci's and Conner's remains. They could not determine cause of death, she was more de-composed than they had thought due to her long presence in the Bay, and she was not dismembered before being put into the Bay but from her long exposure to the water. Lee and Wecht also interviewed some witnesses who say they saw Laci on the 24th, and who may be called as witnesses at the preliminary hearing.
18 Aug 2003 Live TV cameras banned at Preliminary Hearing
Judge Girolami released his August 15 ruling that television cameras will not be allowed during the preliminary hearing. A separate court document made public indicates that the remains of Laci and Conner will be released to family members no later than Friday after a defense specialist X-rays the fetus. The document also indicates that one prosecution witness, identified as "Kristen Deppenwolf" was questioned in a "cognitive interview where hypnosis techniques were used."
20 Aug 2003 Appeal to keep prelim closed
Scott's defense team went to the state's 5th District Court of Appeal in an effort to have Peterson's preliminary hearing closed to the public.
20 Aug 2003 Defense x-rays Laci and Conner
A defense radiologist x-rayed both Laci and Conner, in an effort to prove that Conner lived past Christmas Eve. Sources reported that the x-rays of Conner would be compared against Laci's December 23 sonogram. However, on Sep. 4, sources reported that Dr. James Y. K. Yip, Laci's OB, denied giving Laci a sonogram on Dec. 23, and says she had only a routine prenatal visit. Laci's last sonogram was in September.
21 Aug 2003 Remains released for burial
Laci's and Conner's remains were released to the Stanislaus County coroner's office, which is awaiting instructions from the Rochas for interment.
21 Aug 2003 Kristen Dempewolf & Hypnosis
Information surfaced about the use of a "cognitive interview where hypnosis techniques were used" on Kristen Dempewolf, a La Loma woman who had her baby on January 10. Dempewolf, 33, had shoulder-length brown hair and regularly walked her mid-sized brown dog, which is not a golden retriever, a source said. The hypnosis came to light when prosecutors responded to a defense request for information about hypnotized prosecution witnesses. Investigators won't say why they used the hypnotist, but it could be to enhance her memory of what she was doing Christmas Eve morning. If she was walking her dog that morning, it could counter other witnesses who say they saw Laci walking MacKenzie that morning. However, neighbor Tammy Thomas believes it's unlikely a witness would mistake Kristen for Laci. "Kristen is a blonde, Laci was a brunette," she said. "Kristen's dog looks nothing like McKenzie. And Kristen always takes her 2-year-old daughter with her when she walks the dog."
22 Aug 2003 Media appeal for open Preliminary Hearing
The Modesto Bee and a group of other newspapers filed documents with the 5th District Court of Appeals to deny the defense request that Girolami's ruling to have an open preliminary hearing be denied.
24 Aug 2003 Scott's confession to Amber
Fox News reported that during a taped phone call, Amber asked Scott whether he'd had anything to do with Laci's disappearance. According to the sources, Scott responded: "Yes … uh … uh … but no. But I know who did and I'll tell you later when I see you." Other sources had previously reported this taped conversation, but not with the "Yes" as part of it.
28 Aug 2003 Gag order complaints dropped
In a joint motion, the prosecution and defense attorneys asked Judge Girolami to drop his inquiry into possible violations of his gag order issued in June.
29 Aug 2003 Laci's and Conner's funeral
Laci and Conner Peterson were laid to rest in the Burwood Cemetery on River road, San Joaquin county, following a service at St. Joseph's Catholic Church in Modesto. The Peterson family was not invited to attend. Jackie Peterson had sent an email to Sharon asking her to postpone the funeral until Scott was exonerated. Adam Stewart, the Rochas attorney, responded, telling the Petersons to leave the Rochas alone.