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CNN Live Today
Laci Peterson Case
Aired May 30, 2003 - 10:04 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: Let's get some legal perspective on this now and this expected prosecution and defense maneuvers to come in the wake of all of this happening yesterday.
Let's go now to our legal analyst, Jeffrey Toobin.
Good to see you, Jeff.
Let's go right to this information that has been leaked, if you will. Let's go ahead and call back to the screen right now the words that we saw that were culled from that autopsy report. You see , "1 1/2 loops of plastic tape were around the neck of the fetus, with an extension to a knot near the left shoulder. And examination of the chest reveals an apparent postmortem tear, exposing the internal surfaces of the right shoulder and the right hemithorax. The wounds margins are not evidence of chewing or scalloping."
Now I'm not an expert, and I don't pretend that you're going to be one either this morning on forensic matters here, but most of the people that we've heard talking about this leak are all thinking that this favors the defense. Do you see that happening in any way?
TOOBIN: I think it does. I think this is more consistent with what the defense has been saying about the murder. But it is a long way from proving anything at all. And it is, by definition, an incomplete piece of evidence.
But just to point out why people think this does favor the defense, the really key fact here relates to that plastic tape. It suggests that someone tried to kill the fetus separately, that this was a murder, both of Laci Peterson, and separately, of her unborn son, which suggests some sort of bizarre perhaps ritual, perhaps something beyond, bad as it is, a husband killing a wife. That has been the theory that's been floated by the defense. This evidence, at least partially, supports that theory.
HARRIS: Glad you said, partially. Because further reading, other things I've seen in the press, say that that tape was not wrapped tightly. And they say there was space in between so it's not clear whether or not that happened after the death of the baby and after the bodies deteriorated, and that tape just sort of migrated there. So that still remains to be proved.
The question I have, is how does the prosecution, in the meantime, what do they do about that? Do they go ahead and try to attack that? Do they just let this just sort of evaporate into the ether, or do they now push for everything being released? TOOBIN: Well, what they have done is pushed for everything to be released, on the theory that they are essentially calling the defense's bluff.
You think this favors the defense, well, wait until you read the full autopsy. That will both be more accurate and, the implication is, will favor the prosecution.
But I think the important thing to realize here -- and I guess it's partly why this story is so tantalizing to so many people -- this plastic is mysterious. Did it -- did someone put it there? I mean, tragically, these bodies apparently were in the water for many months. Is it something that just got wrapped around the fetus' throat just from the debris in the water. We don't know that.
Another thing that certainly is going to happen is there will be extensive forensic investigation of what this plastic is, where did it come from, who had access to it. All those are questions that I think are going to be asked. but I don't pretend to know the answers.
HARRIS: And I got to think that the police then got to be back out there looking either in that water, or perhaps at the Peterson house, or in the garage then, just to find exactly that out, right?
TOOBIN: One of the things we all wondered in covering this case, is why were they going back to the Peterson house so many times? What were they looking for? Here clearly, they are going to be looking for the source of that plastic, whether it matches anything. They were in San Francisco Bay, the investigators were, just last weekend. This investigation continues to this day. That's why the preliminary hearing is scheduled for July. Frankly, I'd be very surprised if it too actually took place then. California cases move slowly, and I bet this will, too.
HARRIS: Finally, real quickly, Are you betting on any more leaks in this case?
TOOBIN: I am betting so much on more leaks in this case. I mean this is a case -- even if there is a gag order -- and I think many people expect that the judge will impose a gag order next week -- there will be people talking about this case, and we'll be learning more, for better or worse.
HARRIS: And you'll be one of the guys talking about this case as well.
TOOBIN: For better or worse.
HARRIS: Thanks, Jeff. Appreciate. Have a good weekend, buddy. We'll see you soon.
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 30, 2003 - 10:04 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Let's get some legal perspective on this now and this expected prosecution and defense maneuvers to come in the wake of all of this happening yesterday.
Let's go now to our legal analyst, Jeffrey Toobin.
Good to see you, Jeff.
Let's go right to this information that has been leaked, if you will. Let's go ahead and call back to the screen right now the words that we saw that were culled from that autopsy report. You see , "1 1/2 loops of plastic tape were around the neck of the fetus, with an extension to a knot near the left shoulder. And examination of the chest reveals an apparent postmortem tear, exposing the internal surfaces of the right shoulder and the right hemithorax. The wounds margins are not evidence of chewing or scalloping."
Now I'm not an expert, and I don't pretend that you're going to be one either this morning on forensic matters here, but most of the people that we've heard talking about this leak are all thinking that this favors the defense. Do you see that happening in any way?
TOOBIN: I think it does. I think this is more consistent with what the defense has been saying about the murder. But it is a long way from proving anything at all. And it is, by definition, an incomplete piece of evidence.
But just to point out why people think this does favor the defense, the really key fact here relates to that plastic tape. It suggests that someone tried to kill the fetus separately, that this was a murder, both of Laci Peterson, and separately, of her unborn son, which suggests some sort of bizarre perhaps ritual, perhaps something beyond, bad as it is, a husband killing a wife. That has been the theory that's been floated by the defense. This evidence, at least partially, supports that theory.
HARRIS: Glad you said, partially. Because further reading, other things I've seen in the press, say that that tape was not wrapped tightly. And they say there was space in between so it's not clear whether or not that happened after the death of the baby and after the bodies deteriorated, and that tape just sort of migrated there. So that still remains to be proved.
The question I have, is how does the prosecution, in the meantime, what do they do about that? Do they go ahead and try to attack that? Do they just let this just sort of evaporate into the ether, or do they now push for everything being released? TOOBIN: Well, what they have done is pushed for everything to be released, on the theory that they are essentially calling the defense's bluff.
You think this favors the defense, well, wait until you read the full autopsy. That will both be more accurate and, the implication is, will favor the prosecution.
But I think the important thing to realize here -- and I guess it's partly why this story is so tantalizing to so many people -- this plastic is mysterious. Did it -- did someone put it there? I mean, tragically, these bodies apparently were in the water for many months. Is it something that just got wrapped around the fetus' throat just from the debris in the water. We don't know that.
Another thing that certainly is going to happen is there will be extensive forensic investigation of what this plastic is, where did it come from, who had access to it. All those are questions that I think are going to be asked. but I don't pretend to know the answers.
HARRIS: And I got to think that the police then got to be back out there looking either in that water, or perhaps at the Peterson house, or in the garage then, just to find exactly that out, right?
TOOBIN: One of the things we all wondered in covering this case, is why were they going back to the Peterson house so many times? What were they looking for? Here clearly, they are going to be looking for the source of that plastic, whether it matches anything. They were in San Francisco Bay, the investigators were, just last weekend. This investigation continues to this day. That's why the preliminary hearing is scheduled for July. Frankly, I'd be very surprised if it too actually took place then. California cases move slowly, and I bet this will, too.
HARRIS: Finally, real quickly, Are you betting on any more leaks in this case?
TOOBIN: I am betting so much on more leaks in this case. I mean this is a case -- even if there is a gag order -- and I think many people expect that the judge will impose a gag order next week -- there will be people talking about this case, and we'll be learning more, for better or worse.
HARRIS: And you'll be one of the guys talking about this case as well.
TOOBIN: For better or worse.
HARRIS: Thanks, Jeff. Appreciate. Have a good weekend, buddy. We'll see you soon.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
