March 2005

FROM THE PUBLISHER
The story no one else can tell-for the first time, the sister of Scott Peterson comes forward with her account of his marriage and her brother's disturbing behavior-and how she slowly realized that her brother was capable of murder. The most chilling inside look at Scott Peterson from the first family member to open a public window on the Peterson family.

Blood Brother includes dozens of headline-making revelations and contains previously unpublished photos, e-mails, and letters, including Scott's bizarre letters to Anne from prison. What happens if, after being given up for adoption in childhood, you reestablish contact with your biological family-only to discover that your true brother is a killer? Anne Bird, the sister of Scott Peterson, knows firsthand. Filled with newsmaking revelations and intimate glimpses of Scott and Laci, the Peterson family, and the investigation that followed the murder, Blood Brother is a provocative account of how long-dormant family ties dragged one woman into the one of the most notorious crimes of our time.

From Publishers Weekly
As true crime books go, this addition to the Scott and Laci Peterson library isn't particularly riveting, salacious or revealing, which is strange considering Bird's unique perspective. Adopted as a child, Bird reunited with her birth mother, Jackie Peterson, Scott's mother, in late 1997. Bird takes every opportunity to stress that she grew very close to the Peterson family, but there's very little evidence of this apart from Bird's own assertions. The reader learns tidbits about Scott and Laci: i.e., Laci loved flowers, and Scott "was a real charmer, the kind of guy who lights up a room." But such details hover on the surface. In fact, this book reveals more about the author's self-delusional behavior than the crime itself. Laci's abduction occurs early on, and for the rest of the book, Bird relates how, despite all evidence to the contrary, she refused to believe her brother could be guilty. Her denial is such that, after Scott's arrest, Bird writes letters to him in which she replaces the word "jail" with "camp." Despite Bird's frequent protestations, one wonders if she isn't disingenuous at times. She professes her love for her birth mother, for example, yet paints her in an unflattering light ("I was beginning to understand why Jackie was so critical of Laci. No one was good enough for her golden boy"). With the help of a therapist, Bird finally accepts the evidence and devises her list of 33 reasons why her brother is guilty. This list-which takes up a mere five pages and offers such banal reasons as Scott "flirted with our babysitter"-is just as superficial as the rest of the book.

The website Justice4Scott published a 3-page document included in the recent Defense Motion. According to the document, Steven Todd, one of the burglars involved in the Medina burglary, had a conversation with an inmate of the California Rehabilitation Center regarding an encounter he had with Laci on December 24th. The document says "Laci happened to to walk up while Steve Todd was doing the burglary and Todd made some kind of verbal threat to Laci" (p. 2 of the document).

The document is significant because, if true, then Todd can prove Laci was alive on December 24 after Scott left. That significantly changes the situation for Scott, as even Detectives Brocchini and Grogan admitted that Scott was not the guilty person if Laci was still alive when he left that morning.

The document seems to be confirmed by Todd's first statements to Officer Hicks, who arrested him:

Monday October 25, 2004

Defense Witness #14: Officer Michael Hicks

Direct Examination: Mark Geragos

Cross Examination: Birgit Fladager

MPD Tactical Patrol. Involved in the investigation of the Medina burglary. On January 2, he had one of the suspects, Steven Todd, in the back seat of the patrol car and Todd told him he would tell him about the burglary, but he wasn't involved with the woman and the baby. The Judge interrupted to instruct the Jury that the testimony was not given for the truthfulness of what Todd said, but for the reasonableness of the investigation

The full motion is not yet available on the court website, so SII does not know who supplied J4S with the document. But with all of the egregious violations of the gag order on the side of the Prosecution, it is interesting to see something leaked out that favors Scott for a change. (see date of 14 March for access to the Motion and Opposition)

nydailynews.com reported that Geragos has subpoenaed documents Harper Collins pertaining to book deals with Amber Frey and Anne Bird. The article says Geragos' purpose is to prove a financial motive for Frey's testimony -- no conviction, no book. Besides the documents, a witness familiar with both books was subpoenaed. Geragos also reportedly answered calls for information with "I'll discuss it in court."

ModBee has an article on John Guinasso's opinions on the jury dynamics that saw three jurors ousted during the course of the trial, "Juror reveals secrets of trial." Guinasso, a parking garage supervisor and Teamsters union member, claims to have had a hand in the dismissal of Juror #5, Justin Falconer. Giunasso told the Bee that Falconer was ousted because of a letter he sent to Judge Delucchi, advising Delucchi that Falconer was discussing the case with other jurors and that his girlfriend was giving him information about the trial.

The second oust came during deliberations when Fran Gorman used the internet to do independent research. Guinasso quietly slipped a copy of the Judge's instructions in front of her, and then another juror thought they should tell Delucchi. The third oust came quickly after, as the replaced foreman announced to the other jurors that he was implicating himself and the new foreman, Cardosi. All of the jurors were interviewed, and Delucchi released Jackson. ModBee also revealed that Jackson has vacated his house in Burlingame and is out of the country.

Guinasso explained what happened with the boat incident during deliberations. When the juror who climbed inside and sat down and rocked the boat, he also wanted to see if he could "toss something overboard." Guinasso said Scott "dropped his chin almost to his chest." Another revelation is that Guinasso is the juror involved with the bartender who was brought into the Judge's chambers. Guinasso told ModBee that he was "accused of talking about the trial, including telling others that jurors had 'secret notebooks', presumably to help write books later. He denied it, and the judge let him stay."

NEW YORK, Feb. 7 /PRNewswire/ -- ReganBooks, an imprint of HarperCollins Publishers, announced today that it will publish A DEADLY GAME: The Untold Story of the Scott Peterson Investigation, by award-winning journalist, former judge, and legal analyst Catherine Crier with Cole Thompson. The host of Court TV's Catherine Crier Live, Crier has covered the case since the disappearance of Laci Peterson in late December 2002. Drawing on exclusive interviews and extensive, never-before-seen material connected with the case, A DEADLY GAME offers a stunning account of the crime, its aftermath, and the investigation that led to Scott Peterson's conviction on two counts of murder.

"A DEADLY GAME is the definitive account of this complex and disturbing case," said Judith Regan, President and Publisher of ReganBooks. "Catherine Crier's reporting goes far deeper than all previous journalistic treatments, offering countless new revelations into both Scott Peterson and the investigation that brought him to justice."

Interestingly, Crier has no hesitation in claiming unprecedented access to the inner workings of the investigation, and having access to the 40,000+ pages of discovery, itself a gross violation of the gag order and contempt of court.

13 March 2005 Greta Van Susteren reveals the points in Geragos' motion supporting new trial

On a special On the Record Greta and her panel reviewed the Defense Motion for a new trial. According to the show, the points are:

1. Error in the fleeing instruction given to the Jury. Delucchi said Scott was fleeing, and the Jury could infer something sinister from that or not.

2. Error in removing 2 jurors, didn't meet legal standard. 2 jurors were the first Juror 5, Justin Falconer, and the second Juror 5, who was the first jury foreman.

3. Error in meeting porn channel evidence, prosecution did not establish that Laci would have disapproved of such channels, and both computers in the home had adult content from the internet.

5. Error in allowing the jurors to get into the boat and rock it, constituted an experiment by the jury. Also complaint that the Defense demo, which was done on water, not on a trailer, was not allowed in.

As soon as I obtain a copy of the Motion and Opposition, I will give a thorough summary of the 13 points and the Prosecution's arguments against the 13 points.

I. The Court has authority to order a new trial on the various grounds alleged in this motion.
II. The defense has recently discovered new exculpatory evidence that the prosecution failed to provide to it.

III. the denial of motion for change of venue denied Mr. Peterson of a fair and impartial jury. a new trial should be ordered because of this

IV. The court erred by removing the first and second jurors number 5, and by refusing to declare a mistrial when it became apparent that the jurors' deliberations were being influenced by matters outside the evidence adduced in court. the errors mandate a new trial.

V. the jury conducted its own, unauthorized experiment with the boat and in so doing received evidence outside of court which Mr. Peterson was not provided an opportunity to meet or explain, and which prejudiced his defense. a new trial should therefore be granted.

VI. this court should rule that the evidence in this case was insufficient to support the jury's finding of guilty beyond a reasonable doubt
VII. because no evidence supported an instruction on second degree, non-premeditated murder, it was error for the court to give it. moreover, having instructed the jury on second degree murder, the court should also have instructed on manslaughter.
VIII. the court erred by instructing the jury on "flight."
IX. the trial court erred by excluding demonstrative evidence -- a videotaped experiment showing the instability of the boat -- offered by defense

XI. the court erred by admitting tape recordings of Mr. Peterson's irrelevant statements to Amber Frey

XII. the court erred by admitting the dog evidence
XIII. the court erroneously admitted evidence regarding Mr. Peterson's purchase of adult programming.
XIV. the court erred by denying Mr. Peterson's to have his guilt or innocence determined by a jury that was not death qualified.

16 March 2005 Motion for Retrial Denied; Sentencing & Victim Impact Statements

To no one's surprise, Judge Delucchi missed the opportunity to right an injustice and instead merely rubberstamped a wrongful conviction. Taking my seat among the 26 public attendees in a packed courtroom, I provided live coverage of this morning's hearing as it happened.

According to an AP report, Scott was transferred to San Quentin at 3:10 a.m. this morning. "Secured with leg irons and shackles around his wrists and waist, Peterson was led away in a white, unmarked van. The prison is about 20 miles north of San Francisco."