4 Oct 2003 More Phone logs revealed
ModBee reported on the phone calls logged between December 14, 2002, and February 19, 2003. In addition to calling Scott and the detectives, Amber also placed calls to various media.
4 Oct 2003 Insurance Company asked for hold on benefits
Laci's life insurance company asked a judge to order the more than $250,000 in benefits held in an account until the outcome of Scott's double-murder trial.
7 Oct 2003 Defense wants evidence excluded
Scott's defense team filed a 70-page document requesting certain evidence be excluded, including the hair(s) found in the pliers, the GPA tracking devices, testimony from Kristen Dempewolf, a woman from Peterson's La Loma neighborhood who police had hypnotized, and evidence produced by the scent-tracking dog named Merlin. The hair is challenged because of an alleged break in the chain of custody and the unreliability of mitochondrial DNA testing. The defense claims the GPA tracking devices were faulty and could not get signals from satellites for stretches lasting "several hours." Dempewolf's testimony is challenged because the investigators failed to follow strict legal requirements for hypnotizing a witness. The scent-tracking dog evidence is challenged because there has been no California cases where evidence from dogs tracking victims, rather than suspects, has been admitted. The defense contends dog tracking evidence has only been admitted in California courts where the dogs were put on fresh tracks that led them directly to human suspects or places suspects were within a half hour.
14 Oct 2003 Prosecution defends evidence
The prosecution filed a 400+ page document defending the evidences the defense sought to have the Judge throw out in their October 7 filing. Prosecutors contend a single hair found attached to pliers in Scott Peterson's boat broke in an evidence package and was not mishandled by investigators. When a criminalist at the state Department of Justice lab examined the two hairs, he found one measured 4› inches and the other 1« inches. Both had damaged ends that "appear to match each other, meaning the hair broke apart in the package." The document also defended the results of the scent dogs who traced Laci's scent from the Covena home to the San Francisco Bay.
15 Oct 2003 Dempewolf won't testify at Prelim
Prosecutors announced they will not introduce from Kristen Dempewolf, who was hypnotized by investigators, at the preliminary hearing, but still intend to call her at the trial. They also claim that the defense objections to Dempewolf must also apply to Diane Jackson, the witness who saw the van parked across the street from the Petersons. Jackson, too, was hypnotized.
16 Oct 2003 Defense challenged wire taps
Documents filed by the Defense say that "on December 27, 2002, cadaver dog handler Eloise Anderson of the Contra Costa County Sheriff's Search and Rescue Team placed her cadaver dog, Twist, into Scott Peterson's boat for the purpose of detecting cadaver scent." "The cadaver dog did not alert in the boat," the documents said. "This information was purposely omitted from the search warrant affidavits because it destroys the theory on which the prosecution has based its case." The cornerstone of the prosecution's theory is that Scott transported his dead wife to San Francisco Bay on Dec. 24 in the boat he purchased several weeks before, defense attorney Kirk McAllister wrote in documents filed. The information about the cadaver dog arose from a defense challenge to two wire-taps on Peterson's phones. The defense maintains investigators failed to provide accurate information in their sworn affidavits to a judge when they sought warrants for the wire-taps. If Girolami finds district attorney investigator Steve Jacobson willfully omitted material facts in his affidavits, it could lead to the wiretap evidence being thrown out.
17 Oct 2003 Prelim delayed again
Because of Geragos' involvement in a current murder trial in LA, the preliminary was again delayed. It is now scheduled for October 28. The Judge also scheduled a hearing for Friday, Oct 24, to check the status of both sides and determine what witnesses would be excluded from the courtroom during the preliminary hearing. That could mean family members on both sides may be kept out of the courtroom except to testify. The prosecution expects the Preliminary to last 5 days. Girolami said he will hear a series of defense motions to exclude evidence at the preliminary hearing. The defense is seeking to bar from trial evidence ranging from scent-tracking dogs to wiretaps to global positioning system tracking devices placed on Peterson's vehicles.
20 Oct 2003 Amber's $6M lawsuit
ModBee article on Amber's $6M lawsuit against David Hans Schmidt, and his firm by the same name, for posting nude photos of her on his pay-for-use website without her permission. The lawsuit alleges misappropriation of Amber's name and likeness, unlawful or misleading advertising, invasion of privacy, and negligent and intentional infliction of emotional distress. The pictures were taken in 1999 at Emerald Photography in Clovis for a "test shoot," according to the lawsuit. Amber was 24 at the time. At no time did Frey "license or authorize the use of her photographs by any defendant or any other person," the lawsuit states.
24 Oct 2003 Scott's jailhouse confession
The Globe published its second interview with James Soares, the Stanislaus County inmate who occupied a cell near Scott during the first few weeks after Scott was arrested. Soares' first interview, on July 18 with KTVU Ted Rowlands was quite positive towards Scott. In the second interview, September 16, Soares describes a very different Scott--a man obsessed with Amber, furious with Laci for getting pregnant, and a drug user. In this third interview, Soares claims Scott confessed to the murder and describes how he used a golf club to kill Laci.
24 Oct 2003 Prelim delayed again
The preliminary hearing was delayed again until October 29 because of Geragos' continued involvement in the Los Angeles murder case.
29 Oct 2003 Preliminary Hearing Day 1
Prosecutors announced that they will not use evidence from the wiretaps or the GPS tracking devices.
Girolami ruled that Gloria Allred can remain in the courtroom as other witnesses testify. He said she can offer advice to her client, but cannot discuss any testimony with her.
Geragos said he intends to call a DNA expert from Shields State University in New York. The witness is expected to testify Monday.
Prosecutors began their case by calling Dr. Constance L. Fisher, an FBI expert on DNA analysis, to both explain the process and to verify its general acceptance in the scientific community.
29 Oct 2003 Preliminary Hearing Day 1: The Testimony
Witness: Dr. Constance Fisher, FBI
The hair found in Scott's pliers is important to the prosecution to link Laci to Scott's boat. Fisher explained the difference between mitochondrial DNA and nuclear DNA. FBI analysts compared the hair found to one of his blood samples and to DNA on a test swab designated as "SR2," obviously from Sharon Rocha, as mitochondrial DNA is passed from maternal relatives. According to Fisher, the hair did not match Scott's blood sample, but did match the SR2 sample. Because everyone in a maternal line carries the same mitochondrial DNA, it cannot be used as an unique identifier. 1 in every 112 Caucasians would be expected to have the same DNA sequence, as would 1 in every 159 Hispanics. Mark Geragos challenged Fisher’s qualifications. Under questioning, Fisher acknowledged that she had never testified in California state court and that this was the first case where she was testifying about the admissibility of mitochondrial DNA evidence.
29 Oct 2003 The Families in Court
During one point of Geragos’ questioning of Fisher, Sharon Rocha wrote something on a piece of paper for Ron Grantski, as the two sat in the front row. After he read it, the two chuckled slightly. Rocha and nine other family members and friends wore black in the courtroom. During Fisher's testimony, bailiffs handed notes to Scott's parents on separate occasions. The couple sat with other family members in the front row behind the defense table. All Scott's family members appeared to wear pins in the shape of a yellow ribbon overlaid with blue. Pale yellow and blue ribbons were a near ubiquitous symbol during the massive search for Laci Peterson: the yellow to symbolize hope and the blue for the son Laci Peterson was expecting.
30 Oct 2003 Preliminary Hearing Day 2: The Testimony
Witness: Dr. Constance Fisher, FBI
Thursday's hearing was filled with excruciating detail on mitochondrial DNA analysis, as Geragos grilled FBI expert Constance L. Fisher. FBI lab technicians had one of Laci Peterson's bones but did not extract DNA from it to compare with DNA from the hair found in Scott's boat. Geragos tried to get Fisher to say that reliability of such tests is the subject of much debate in the scientific community. "There is always debate going on in a community," Fisher said. But, she said, disputes about mitochondrial DNA are not "sizeable." She conceded that she had not visited six of seven laboratories that contributed tissues to establish a database used by the FBI. Geragos also took aim at the computer program used to analyze the DNA data. Fisher said the program, written by a former lab employee no longer with the FBI, had some built in error but that analysts checked the results manually. "Was he fired for incompetence?" Geragos asked. Fisher said he left to study law, prompting the packed courtroom to erupt in laughter. Scott chuckled with nearly everyone else, then briefly shook his head from side to side as he smiled.
31 Oct 2003 Preliminary Hearing Day 3: The Testimony
Witness: Margarita Nava, Housekeeper
Margarita Nava, Scott & Laci's housekeeper, testified about her cleaning routine, Laci's activities while she was there, and what Laci was wearing. Significant information is that Laci's blinds were shut when Nava arrived, even though Laci was showered and dressed. Testimony
Witness: Amy Rocha, Laci's half-sister
Amy Rocha testified about the Salon Salon visit, what Laci was wearing, Scott's offer to pick up the gift basket and then his failure to do so. Amy told Detective Grogan on Jan. 5 that Salon Salon had a video surveillance and the LE should obtain the tape for Dec. 23 as Laci would be on it. Amy was asked a lot of questions about Laci's level of activity and what Amy knew about the boat and the housekeeper. Testimony
Witness: Sharon Rocha, Laci's mother
Sharon Rocha testified about her phone call with Laci on the night of the 23rd and the sequence of events on the 24th, beginning with Scott's first call to her to ask if Laci was there. Sharon was also asked about the level of Laci's activity. Testimony
Witness: Lee Peterson, Scott's father
Lee Peterson testified about not knowing about Scott's boat and Scott being fishing on the 24th even though Scott apparently called him while he was fishing. Lee named other large purchases which Scott has made in the past without telling him about them for weeks. Testimony
Detective Jon Evers, the patrol officer who first responded to the 911 call reporting Laci missing, testified about his initial interview with Scott in the park, the 5 hour search of the Covena home, and the late night search of the warehouse and the boat. Evers overhead an exchange between Ron Grantski and Scott, in which Scott told Ron he went fishing instead of golf because it was too cold for golf. McAllister did not conclude his cross-examination, so Evers will return next week for more testimony.
31 Oct 2003 The Families in Court
Dennis Rocha sighed audibly twice during testimony. Sharon Rocha and Ron Grantski whispered frequently and at one point passed a note up to prosecutors conducting questioning at the counsel table.