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What Is First Step in Defending Scott Peterson?

Aired April 22, 2003 - 10:06   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: Want to go ahead and get back to the Laci Peterson case, and what is next for Scott Peterson. You heard Laci Peterson's very emotional family speak out yesterday. Let's get more on the legal aspects of what is next in this case, and bring in our legal analyst, Jeffrey Toobin, out of New York -- Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hey, Daryn.

KAGAN: First of all, did you see or learn anything new in listening to that arraignment?

TOOBIN: There wasn't much new. What was interesting this morning on AMERICAN MORNING was the district attorney saying two things. One, that he thought seeking the death penalty was pretty likely. He didn't even really mince words about it. It really looks like they're going for the death penalty. The second thing is, he backed off a statement that was in one of the police files that was released yesterday which said that the police believe that the murder took place at the Peterson home, not 80 miles away where her body was found. That was a new disclosure in the case, but he said that was a police document. We in the district attorney's office aren't necessarily committed to that. So that will be something to watch to see if they do stick with that theory of the case.

KAGAN: I went online and looked at the complaint for myself. I have a couple questions for you that perhaps you can clarify. First of all, in the charges, of course, there's a murder count for Laci Peterson, and then there is an enhancement talking about the termination of her pregnancy, but there is a separate murder count for the baby.

TOOBIN: Right. This is a very unusual and groundbreaking, perhaps, aspect of California law. California is one of about two dozen states that makes it a crime to murder a fetus. This, as you can imagine, has been caught up in abortion politics when these laws have come up, and in truth, and I guess fortunately, we can say, they haven't really come up very often in actual court settings. The laws have been passed, but there haven't been that many prosecutions. The question, of course, is -- is a fetus a person, and is the taking of the life of a fetus murder? As you can see, that has some relevance to the abortion debate. The California Supreme Court has never really addressed this question directly, and if this case moves through the process, and if Scott Peterson is convicted, you could see a important legal battle on that very question down the road.

KAGAN: Also on both murder counts, there are special allegations alleging that these were deliberate, premeditated, intentional murders. How do you prove that if you're the prosecution?

TOOBIN: Well, that's what makes the case eligible for the death penalty, is the special circumstance of the double murder, and intentional murder is first degree murder. Basically, it will be a circumstantial case, as far as we know. There are no witnesses to this murder. The idea would be that he murdered his wife in the house, or perhaps somewhere else, and took her all the way to this, the East Bay, 80 miles away. The very act of going to that length to dispose of the body would certainly suggest premeditation and intent. That is probably how the government will try to prove that.

KAGAN: And finally, on the defense side, we learned yesterday that Scott Peterson says he cannot afford his own attorney, so he has been appointed a public defender. If you are that public defender, how do you start fighting for your client?

TOOBIN: I think you do two things. The first thing you try to do is delay. The emotions around this case are so hot that what you do is you say when you go to court in May, there's a tremendous amount of evidence here, which there probably is, and we need months to study it.

Remember, the Robert Blake case, the murder was a year and a half ago and there is still no trial date set. So delay is going to be one strategy. The other strategy will be change of venue. Get this case out of Modesto. It has been such an obsession there. Get it to Los Angeles, San Diego somewhere hundreds of miles away. Obviously, everyone is familiar with the case, but you got to get it somewhere where it's not an obsession.

KAGAN: Jeffrey Toobin in New York City. Jeff, thanks so much.

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 22, 2003 - 10:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Want to go ahead and get back to the Laci Peterson case, and what is next for Scott Peterson. You heard Laci Peterson's very emotional family speak out yesterday. Let's get more on the legal aspects of what is next in this case, and bring in our legal analyst, Jeffrey Toobin, out of New York -- Jeff, good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hey, Daryn.

KAGAN: First of all, did you see or learn anything new in listening to that arraignment?

TOOBIN: There wasn't much new. What was interesting this morning on AMERICAN MORNING was the district attorney saying two things. One, that he thought seeking the death penalty was pretty likely. He didn't even really mince words about it. It really looks like they're going for the death penalty. The second thing is, he backed off a statement that was in one of the police files that was released yesterday which said that the police believe that the murder took place at the Peterson home, not 80 miles away where her body was found. That was a new disclosure in the case, but he said that was a police document. We in the district attorney's office aren't necessarily committed to that. So that will be something to watch to see if they do stick with that theory of the case.

KAGAN: I went online and looked at the complaint for myself. I have a couple questions for you that perhaps you can clarify. First of all, in the charges, of course, there's a murder count for Laci Peterson, and then there is an enhancement talking about the termination of her pregnancy, but there is a separate murder count for the baby.

TOOBIN: Right. This is a very unusual and groundbreaking, perhaps, aspect of California law. California is one of about two dozen states that makes it a crime to murder a fetus. This, as you can imagine, has been caught up in abortion politics when these laws have come up, and in truth, and I guess fortunately, we can say, they haven't really come up very often in actual court settings. The laws have been passed, but there haven't been that many prosecutions. The question, of course, is -- is a fetus a person, and is the taking of the life of a fetus murder? As you can see, that has some relevance to the abortion debate. The California Supreme Court has never really addressed this question directly, and if this case moves through the process, and if Scott Peterson is convicted, you could see a important legal battle on that very question down the road.

KAGAN: Also on both murder counts, there are special allegations alleging that these were deliberate, premeditated, intentional murders. How do you prove that if you're the prosecution?

TOOBIN: Well, that's what makes the case eligible for the death penalty, is the special circumstance of the double murder, and intentional murder is first degree murder. Basically, it will be a circumstantial case, as far as we know. There are no witnesses to this murder. The idea would be that he murdered his wife in the house, or perhaps somewhere else, and took her all the way to this, the East Bay, 80 miles away. The very act of going to that length to dispose of the body would certainly suggest premeditation and intent. That is probably how the government will try to prove that.

KAGAN: And finally, on the defense side, we learned yesterday that Scott Peterson says he cannot afford his own attorney, so he has been appointed a public defender. If you are that public defender, how do you start fighting for your client?

TOOBIN: I think you do two things. The first thing you try to do is delay. The emotions around this case are so hot that what you do is you say when you go to court in May, there's a tremendous amount of evidence here, which there probably is, and we need months to study it.

Remember, the Robert Blake case, the murder was a year and a half ago and there is still no trial date set. So delay is going to be one strategy. The other strategy will be change of venue. Get this case out of Modesto. It has been such an obsession there. Get it to Los Angeles, San Diego somewhere hundreds of miles away. Obviously, everyone is familiar with the case, but you got to get it somewhere where it's not an obsession.

KAGAN: Jeffrey Toobin in New York City. Jeff, thanks so much.

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