Return to Transcripts main page
CNN Live Today
Scott Peterson Faces Pretrial Hearing Today
Aired May 27, 2003 - 10:07 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.
FREDRICKA WHITFIELD, CNN ANCHOR: Also this morning, a pretrial hearing gets under way in the case of Scott Peterson, the California man accused of killing his wife, Laci, and their unborn child. Beginning next hour, a judge will sift through a laundry list of issues, including where the trial will be held and how much information might be released beforehand.
CNN's Mike Brooks is in Modesto with the very latest from there -- Mike.
MIKE BROOKS, CNN CORRESPONDENT: Good morning, Fredricka.
The main topic of discussion in this pretrial hearing with Scott Peterson is going to be whether or not the search warrants and the autopsy reports will remain sealed. Now, the prosecution and defense have both wanted them to remain sealed. The media actually has wanted them unsealed, so we can see exactly the possible strategies that the defense may take in this case.
Now, some other issues that may come up today. No. 1, it could be a change of venue -- a change of venue for a possible grand jury, and then a change of venue for a trial which will probably be more than a year from now.
One other thing that may come up, it deals with wiretaps. Just four days ago the prosecution filed a motion with the court here in Stanislaus County, and they were asking the judge to take a look at 3 out of 69 wiretaps. Now, these were conversations between Scott Peterson and his attorney, Kurt McAllister, and an investigator for the defense team. What the judge will decide is whether or not these conversations were of a privileged nature, and did it give the prosecution an unfair advantage by hearing this possible privileged information.
Now, when he listens to the tapes, he will not be in open court, but they will bring this out most likely in open court -- Fredricka.
WHITFIELD: Now, Mike, this is not an opportunity for Scott Peterson to speak in any way, is it?
BROOKS: No, he will not speak at this. Now, there could be an opportunity down the road for him in some of the pretrial hearings to speak, possibly in a preliminary hearing if they decide to have a preliminary hearing.
Now, there has not been any date set for that, and they have not decided whether it will be a preliminary hearing or a grand jury that will take place in this particular case. So, were a ways down the road before we probably hear from Scott Peterson here in open court -- Fredricka.
WHITFIELD: And if Peterson's attorney, Mark Geragos, makes a motion for a change of venue, how soon before that's actually -- that decision is made by the judge?
BROOKS: Well, there are a number of different types of issues that will come up with a change of venue. No. 1 is finding an area where they feel that he can get a fair trial. They are saying that here in Modesto he does not think -- Mark Geragos does not think that he can get a fair trial here in Modesto. But finding another community where they feel that the media coverage and the people will give him a fair trial could be very difficult. And, again, it could be a long ways down the road to that decision also -- Fredricka.
WHITFIELD: All right, Mike Brooks from Modesto, thank you.
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 May 27, 2003 - 10:07 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Also this morning, a pretrial hearing gets under way in the case of Scott Peterson, the California man accused of killing his wife, Laci, and their unborn child. Beginning next hour, a judge will sift through a laundry list of issues, including where the trial will be held and how much information might be released beforehand.
CNN's Mike Brooks is in Modesto with the very latest from there -- Mike.
MIKE BROOKS, CNN CORRESPONDENT: Good morning, Fredricka.
The main topic of discussion in this pretrial hearing with Scott Peterson is going to be whether or not the search warrants and the autopsy reports will remain sealed. Now, the prosecution and defense have both wanted them to remain sealed. The media actually has wanted them unsealed, so we can see exactly the possible strategies that the defense may take in this case.
Now, some other issues that may come up today. No. 1, it could be a change of venue -- a change of venue for a possible grand jury, and then a change of venue for a trial which will probably be more than a year from now.
One other thing that may come up, it deals with wiretaps. Just four days ago the prosecution filed a motion with the court here in Stanislaus County, and they were asking the judge to take a look at 3 out of 69 wiretaps. Now, these were conversations between Scott Peterson and his attorney, Kurt McAllister, and an investigator for the defense team. What the judge will decide is whether or not these conversations were of a privileged nature, and did it give the prosecution an unfair advantage by hearing this possible privileged information.
Now, when he listens to the tapes, he will not be in open court, but they will bring this out most likely in open court -- Fredricka.
WHITFIELD: Now, Mike, this is not an opportunity for Scott Peterson to speak in any way, is it?
BROOKS: No, he will not speak at this. Now, there could be an opportunity down the road for him in some of the pretrial hearings to speak, possibly in a preliminary hearing if they decide to have a preliminary hearing.
Now, there has not been any date set for that, and they have not decided whether it will be a preliminary hearing or a grand jury that will take place in this particular case. So, were a ways down the road before we probably hear from Scott Peterson here in open court -- Fredricka.
WHITFIELD: And if Peterson's attorney, Mark Geragos, makes a motion for a change of venue, how soon before that's actually -- that decision is made by the judge?
BROOKS: Well, there are a number of different types of issues that will come up with a change of venue. No. 1 is finding an area where they feel that he can get a fair trial. They are saying that here in Modesto he does not think -- Mark Geragos does not think that he can get a fair trial here in Modesto. But finding another community where they feel that the media coverage and the people will give him a fair trial could be very difficult. And, again, it could be a long ways down the road to that decision also -- Fredricka.
WHITFIELD: All right, Mike Brooks from Modesto, thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
