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Investigators Have Searched San Francisco Bay in Peterson Case

Aired May 19, 2003 - 10:18   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.


LEON HARRIS, CNN ANCHOR: Back now to the case of Laci Peterson, the missing woman, pregnant woman, whose body was found in the San Francisco Bay. We want to take a closer look at that murder investigation that's under way even as we speak.
Now, as we told you earlier, investigators have been searching the bay, where Peterson's body, and the baby's as well, was washed ashore last month. And you see live pictures here right now of that search process still under way there, using some side scan sonar right now, looking at the bottom there.

But above the water, there are lots of questions still about to what investigators are looking for. But so far, investigators are not talking.

Former FBI investigator Don Clark joins us now, and he'd better do some talking. He's here with us to talk about this case.

Don, good to see you, and thanks for joining us from Houston this morning.

DON CLARK, FORMER FBI INVESTIGATOR: Leon, good to see you. Good to be with you.

HARRIS: What is it do you think is going on right now with this search back in the bay? This is what? Maybe the third time at least that they've been out there? Why keep going back?

CLARK: Well, Leon, it's always a good policy to keep going back, because you are continuously looking for evidence as you are proceeding in these cases.

What I suspect may be going on is that they obviously have some bits and pieces that are evidence, and they need some other bits and pieces to tie this together. And whether it's something that they used to weigh her down with, to weight her down with, or other particles, because they've got to keep and try and have a continual approach with their evidence. And I think they're looking for some missing particles, perhaps maybe not smoking guns, but certainly things that are going to make this case a lot stronger.

HARRIS: All right, so, what would you call a missing particle, if not the anchors? And we've been hearing talk over the weekend as well about the anchors that may have been used to hold the body down, being the object of the search there. But you are saying here other particles. What do you mean? CLARK: Well, I'm talking about -- let me just digress for a second that they've conducted search warrants. And doing that search warrant, they have to have something to give them probable cause to do it. So, they may have found some items in the conduction -- by conducting those search warrants that now they are looking for other pieces to fit into this puzzle, whether it's weights to weigh her down, whether it's some type of object that was used for a weapon.

They don't know yet, Leon, at least we don't know yet what the weapon was that was used to kill Laci Peterson. And that may be something that they are looking for as well. Now, that would be a smoking gun.

HARRIS: Interesting. So, it's possible here that they could be looking for evidence that they have been tipped off to by their search of the house?

CLARK: Absolutely, because one thing feeds into the next. And that search of the house may have given them something else to go on, because they had to start off with some type theory. You just don't go into a place and start rummaging through and picking up everything. You have some type of theory that you're looking at, and you're trying to have the evidence fit that theory, if it works out. And I suspect that they are continuing to do this to find right pieces of evidence to make this a very strong circumstantial case.

HARRIS: Now, the coroner's office out there has also compiled quite a bit of evidence with the autopsy, but that information has been sealed. What do you think about that?

CLARK: Well, I think that's probably the prudent thing do as long as they can. At some point in time, discovery is going to take place, and the defense is going to get everything. And then once it gets out, unless the judge places a gag order on it, then we all are going to be talking about its. And I don't think that they want that to happen. I know if I was in their shoes, I certainly would not want that to happen, because I'd want to be able to conduct my investigation in as quiet a place, if you will, with as few people knowing about it, so I can have less interference with what I'm actually doing. And I think that's a good prosecutorial and investigative strategy.

HARRIS: All right, one quick final point here. The defense team has been floating the idea in the last couple of days or so about there being other suspects. They are mentioning two other suspects right now. If you were investigating this case, what do you think about that?

CLARK: Well, if I'm investigating this case, I'm saying, look, if you want to solve this case and if you want to get your defendant clear of this, then let us know who those suspects are, and we can proceed in that direction. But don't just float these little ideas out there for other types of methods, direction that you are trying to get. If it's something of substance, let's use it and let's move on to something else. If not, we're going to work strong with the evidence we've got and try to prosecute this case. HARRIS: OK, one last note. What do you think is going to happen next in this investigation? What next step are you looking for?

CLARK: Well, I think the next thing that you are looking for is to see what happens in discovery, once the discovery comes out, because once you can make discovery, you've got to be pretty sure that you are ready to go with your case. So, I think that's why they've really got to pull all of this evidence out, Leon, because that is so significant. Once discovery comes out and everybody knows what you've got, then your hand is shown then, and you've got to be ready to go with what you've got in the case.

HARRIS: All right, good deal. Thanks, Don. Appreciate it. And as always, Don Clark in Houston, take care.

CLARK: Thank you, Leon.

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





Case>


Aired May 19, 2003 - 10:18   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Back now to the case of Laci Peterson, the missing woman, pregnant woman, whose body was found in the San Francisco Bay. We want to take a closer look at that murder investigation that's under way even as we speak.
Now, as we told you earlier, investigators have been searching the bay, where Peterson's body, and the baby's as well, was washed ashore last month. And you see live pictures here right now of that search process still under way there, using some side scan sonar right now, looking at the bottom there.

But above the water, there are lots of questions still about to what investigators are looking for. But so far, investigators are not talking.

Former FBI investigator Don Clark joins us now, and he'd better do some talking. He's here with us to talk about this case.

Don, good to see you, and thanks for joining us from Houston this morning.

DON CLARK, FORMER FBI INVESTIGATOR: Leon, good to see you. Good to be with you.

HARRIS: What is it do you think is going on right now with this search back in the bay? This is what? Maybe the third time at least that they've been out there? Why keep going back?

CLARK: Well, Leon, it's always a good policy to keep going back, because you are continuously looking for evidence as you are proceeding in these cases.

What I suspect may be going on is that they obviously have some bits and pieces that are evidence, and they need some other bits and pieces to tie this together. And whether it's something that they used to weigh her down with, to weight her down with, or other particles, because they've got to keep and try and have a continual approach with their evidence. And I think they're looking for some missing particles, perhaps maybe not smoking guns, but certainly things that are going to make this case a lot stronger.

HARRIS: All right, so, what would you call a missing particle, if not the anchors? And we've been hearing talk over the weekend as well about the anchors that may have been used to hold the body down, being the object of the search there. But you are saying here other particles. What do you mean? CLARK: Well, I'm talking about -- let me just digress for a second that they've conducted search warrants. And doing that search warrant, they have to have something to give them probable cause to do it. So, they may have found some items in the conduction -- by conducting those search warrants that now they are looking for other pieces to fit into this puzzle, whether it's weights to weigh her down, whether it's some type of object that was used for a weapon.

They don't know yet, Leon, at least we don't know yet what the weapon was that was used to kill Laci Peterson. And that may be something that they are looking for as well. Now, that would be a smoking gun.

HARRIS: Interesting. So, it's possible here that they could be looking for evidence that they have been tipped off to by their search of the house?

CLARK: Absolutely, because one thing feeds into the next. And that search of the house may have given them something else to go on, because they had to start off with some type theory. You just don't go into a place and start rummaging through and picking up everything. You have some type of theory that you're looking at, and you're trying to have the evidence fit that theory, if it works out. And I suspect that they are continuing to do this to find right pieces of evidence to make this a very strong circumstantial case.

HARRIS: Now, the coroner's office out there has also compiled quite a bit of evidence with the autopsy, but that information has been sealed. What do you think about that?

CLARK: Well, I think that's probably the prudent thing do as long as they can. At some point in time, discovery is going to take place, and the defense is going to get everything. And then once it gets out, unless the judge places a gag order on it, then we all are going to be talking about its. And I don't think that they want that to happen. I know if I was in their shoes, I certainly would not want that to happen, because I'd want to be able to conduct my investigation in as quiet a place, if you will, with as few people knowing about it, so I can have less interference with what I'm actually doing. And I think that's a good prosecutorial and investigative strategy.

HARRIS: All right, one quick final point here. The defense team has been floating the idea in the last couple of days or so about there being other suspects. They are mentioning two other suspects right now. If you were investigating this case, what do you think about that?

CLARK: Well, if I'm investigating this case, I'm saying, look, if you want to solve this case and if you want to get your defendant clear of this, then let us know who those suspects are, and we can proceed in that direction. But don't just float these little ideas out there for other types of methods, direction that you are trying to get. If it's something of substance, let's use it and let's move on to something else. If not, we're going to work strong with the evidence we've got and try to prosecute this case. HARRIS: OK, one last note. What do you think is going to happen next in this investigation? What next step are you looking for?

CLARK: Well, I think the next thing that you are looking for is to see what happens in discovery, once the discovery comes out, because once you can make discovery, you've got to be pretty sure that you are ready to go with your case. So, I think that's why they've really got to pull all of this evidence out, Leon, because that is so significant. Once discovery comes out and everybody knows what you've got, then your hand is shown then, and you've got to be ready to go with what you've got in the case.

HARRIS: All right, good deal. Thanks, Don. Appreciate it. And as always, Don Clark in Houston, take care.

CLARK: Thank you, Leon.

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





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