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CNN Live Today

Interview With Former FBI Investigator

Aired April 21, 2003 - 10:19   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DARYN KAGAN, CNN ANCHOR: Scott Peterson is due in court today to be arraigned on two charges of murder with special circumstances in the deaths of his wife and unborn child. Modesto police picked up Peterson in San Diego on Friday and brought him back to Modesto. He's being held under maximum security, separated from other inmates due to threats against him.
Joining us now to talk about the Laci Peterson case is Don Clark, a former lead investigator with the FBI. Don, good morning. Good to have you with us.

DON CLARK, FORMER FBI INVESTIGATOR: Good to be here, Daryn. Good morning to you.

KAGAN: So we have the bodies here, potential motive, you have a suspect in custody, but is the investigative work done at this point?

CLARK: You know, Daryn, the investigative work is not done until the case is concluded, and then it has to continue on because of the appeals. But right now, they are so in the early stages of this investigation, and discovery hasn't taken place. And that's going to really cause them to have to make sure that they have got everything in order. But we will see today, sometime, later on in the arraignment, when the complaint is unveiled -- unsealed, I should say, and what evidence may be in the complaint that got them the warrant. And I think that's what a lot of us are waiting to see.

KAGAN: I think one thing that investigators want to figure out, prosecutors, a cause of death here. And just because you do have the bodies of Laci Peterson and her unborn child, given that they've been in the water for so long, I would think that would be kind of difficult to figure out.

CLARK: Well, they say already that that's going to be a difficult task, but I think they have to do that, they have to look at the cause of death and how she was actually killed, and how the baby was actually killed. Because keep in mind, Daryn, that what the investigators have to do is collect this -- all of this evidence. But then to collect it, they've got to be able to connect it together, that's what the court process is going to demand, that they connect one end to the other. And that means how she was killed, and finding an instrument they can join to that, and a person to join to the instrument.

KAGAN: Don, you bring up the case of the baby. And as the family pointed out, that they'd already picked out a name. The baby boy was going to be named Connor. Legally though, this is an interesting situation because this baby, technically, was not born yet. So how do you go ahead and charge with two counts of murder, if legally, under the eyes of the law, this was not yet a person?

CLARK: Daryn, that's going to be a factor in this case as we proceed along, and the legal minds are going to have a field day with it because they are going to be looking at that exact same issue. And I suppose that the defense attorneys will come right out with that immediately, because that -- if they cannot determine that the baby legally can be charged -- can be a person, and Scott charged with that, then that determines -- determines differently how he might be sentenced, if he is convicted of, say, Laci's killing.

KAGAN: And that is right. And we are getting a few steps ahead of us there. I want to take a step back, though, and look at the timing of his arrest, both in terms of still waiting for those DNA tests to come back, the money he allegedly had in his pocket, and also his proximity to the Mexican border.

CLARK: Well, I think what we had happening here is that a series of circumstances -- and circumstantial evidence is extremely valuable in trying to put together a case, and -- but I think one of the tell tale signs, though, was when the complaint came out, and they actually charged him with capital murder, which says to me, as a former investigator, that they obviously had more evidence pinning him to that murder. Because, frankly, Daryn, I really thought that we might see him arrested on a lesser charge of some type, that may have been developed as a result of all these searches and then to further build their case toward the murder. So I think they have more evidence that we might see start to unveil today.

KAGAN: And as you pointed out, when the arraignment happens today or tomorrow, we should learn more on that point. Don Clark, thanks for your insight this morning. Appreciate your time, as always.

CLARK: Thank you, Daryn. OK.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired April 21, 2003 - 10:19   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Scott Peterson is due in court today to be arraigned on two charges of murder with special circumstances in the deaths of his wife and unborn child. Modesto police picked up Peterson in San Diego on Friday and brought him back to Modesto. He's being held under maximum security, separated from other inmates due to threats against him.
Joining us now to talk about the Laci Peterson case is Don Clark, a former lead investigator with the FBI. Don, good morning. Good to have you with us.

DON CLARK, FORMER FBI INVESTIGATOR: Good to be here, Daryn. Good morning to you.

KAGAN: So we have the bodies here, potential motive, you have a suspect in custody, but is the investigative work done at this point?

CLARK: You know, Daryn, the investigative work is not done until the case is concluded, and then it has to continue on because of the appeals. But right now, they are so in the early stages of this investigation, and discovery hasn't taken place. And that's going to really cause them to have to make sure that they have got everything in order. But we will see today, sometime, later on in the arraignment, when the complaint is unveiled -- unsealed, I should say, and what evidence may be in the complaint that got them the warrant. And I think that's what a lot of us are waiting to see.

KAGAN: I think one thing that investigators want to figure out, prosecutors, a cause of death here. And just because you do have the bodies of Laci Peterson and her unborn child, given that they've been in the water for so long, I would think that would be kind of difficult to figure out.

CLARK: Well, they say already that that's going to be a difficult task, but I think they have to do that, they have to look at the cause of death and how she was actually killed, and how the baby was actually killed. Because keep in mind, Daryn, that what the investigators have to do is collect this -- all of this evidence. But then to collect it, they've got to be able to connect it together, that's what the court process is going to demand, that they connect one end to the other. And that means how she was killed, and finding an instrument they can join to that, and a person to join to the instrument.

KAGAN: Don, you bring up the case of the baby. And as the family pointed out, that they'd already picked out a name. The baby boy was going to be named Connor. Legally though, this is an interesting situation because this baby, technically, was not born yet. So how do you go ahead and charge with two counts of murder, if legally, under the eyes of the law, this was not yet a person?

CLARK: Daryn, that's going to be a factor in this case as we proceed along, and the legal minds are going to have a field day with it because they are going to be looking at that exact same issue. And I suppose that the defense attorneys will come right out with that immediately, because that -- if they cannot determine that the baby legally can be charged -- can be a person, and Scott charged with that, then that determines -- determines differently how he might be sentenced, if he is convicted of, say, Laci's killing.

KAGAN: And that is right. And we are getting a few steps ahead of us there. I want to take a step back, though, and look at the timing of his arrest, both in terms of still waiting for those DNA tests to come back, the money he allegedly had in his pocket, and also his proximity to the Mexican border.

CLARK: Well, I think what we had happening here is that a series of circumstances -- and circumstantial evidence is extremely valuable in trying to put together a case, and -- but I think one of the tell tale signs, though, was when the complaint came out, and they actually charged him with capital murder, which says to me, as a former investigator, that they obviously had more evidence pinning him to that murder. Because, frankly, Daryn, I really thought that we might see him arrested on a lesser charge of some type, that may have been developed as a result of all these searches and then to further build their case toward the murder. So I think they have more evidence that we might see start to unveil today.

KAGAN: And as you pointed out, when the arraignment happens today or tomorrow, we should learn more on that point. Don Clark, thanks for your insight this morning. Appreciate your time, as always.

CLARK: Thank you, Daryn. OK.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com