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American Morning

Hearing Could Bring Major Decisions in Peterson Murder Case

Aired June 26, 2003 - 07:18   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.


DARYN KAGAN, CNN ANCHOR: Some major decisions could be made today in the Scott Peterson murder case. Wiretaps, the gag order and media access to evidence, that's just some of the issues that are on the agenda for a hearing that is scheduled later this morning.
Rusty Dornin is live in Modesto, California, with more on that.

Rusty -- good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Daryn.

There has been a flurry of motions filed since the last hearing, but the biggest thing since the last hearing that will be talked about this morning is the protective order, known more commonly to the rest of us as the gag order. It has shut up almost everyone connected to the case, but there seems to be a bit of confusion about just exactly who and what it covers.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): Everybody was talking -- the prosecution, the defense...

MARK GERAGOS, DEFENSE ATTORNEY: It's our position that the actual perpetrator is still out there.

DORNIN: ... and even California state attorney general...

UNIDENTIFIED MALE: I think it's going to result in a conviction.

UNIDENTIFIED MALE: A compelling case that Scott Peterson killed his wife?

UNIDENTIFIED MALE: Absolutely.

DORNIN: ... not to mention the pundits.

Judge Al Girolami called it "massive publicity." Two weeks ago he slapped a gag order on all sides, including law enforcement, court staff and witnesses expected to testify. Amber Frey, the woman who had an affair with Scott Peterson, is one of those expected to testify, but her attorney, Gloria Allred, is not. So, Allred thought she could keep talking.

GLORIA ALLRED, AMBER FREY'S ATTORNEY: He has issued his protective order and he did not cover me. And if he had intended to cover me, he would have so stated, but he did not. DORNIN: Defense attorney Mark Geragos claims the judge did, and accused Allred of brazen contempt of the gag order. The defense claims the DA also violated the gag order in comments made to the "Modesto Bee" last week. Hearings could be set for both.

But, of course, Geragos first wants the judge to dump the gag order, as does the media.

And how about those phone calls involving Scott Peterson? The defense wants the prosecution sanctioned for intercepting what they called privileged phone calls with his attorney. A new hearing will be set for that.

Then there are those 176 phone recordings with Peterson discovered this month on a police wiretap computer. No one knows what's on them. The prosecution wants the court to review them.

Very little has leaked out about the prosecution's case, and many are hoping to learn more when the preliminary hearing begins on July 16. But first on the agenda? A possible postponement of that hearing.

(END VIDEOTAPE)

It looks like one of the witnesses, one of the prosecution's witnesses, a forensic scientist, has a vacation during that time. He's very important to the case, and it looks like they're -- that's why they're asking for a delay. Sources say it's likely that it won't be scheduled again until sometime in September -- Daryn.

KAGAN: Rusty Dornin live from Modesto. More on this story later this morning. Thank you, Rusty.

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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Aired June 26, 2003 - 07:18   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Some major decisions could be made today in the Scott Peterson murder case. Wiretaps, the gag order and media access to evidence, that's just some of the issues that are on the agenda for a hearing that is scheduled later this morning.
Rusty Dornin is live in Modesto, California, with more on that.

Rusty -- good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Daryn.

There has been a flurry of motions filed since the last hearing, but the biggest thing since the last hearing that will be talked about this morning is the protective order, known more commonly to the rest of us as the gag order. It has shut up almost everyone connected to the case, but there seems to be a bit of confusion about just exactly who and what it covers.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): Everybody was talking -- the prosecution, the defense...

MARK GERAGOS, DEFENSE ATTORNEY: It's our position that the actual perpetrator is still out there.

DORNIN: ... and even California state attorney general...

UNIDENTIFIED MALE: I think it's going to result in a conviction.

UNIDENTIFIED MALE: A compelling case that Scott Peterson killed his wife?

UNIDENTIFIED MALE: Absolutely.

DORNIN: ... not to mention the pundits.

Judge Al Girolami called it "massive publicity." Two weeks ago he slapped a gag order on all sides, including law enforcement, court staff and witnesses expected to testify. Amber Frey, the woman who had an affair with Scott Peterson, is one of those expected to testify, but her attorney, Gloria Allred, is not. So, Allred thought she could keep talking.

GLORIA ALLRED, AMBER FREY'S ATTORNEY: He has issued his protective order and he did not cover me. And if he had intended to cover me, he would have so stated, but he did not. DORNIN: Defense attorney Mark Geragos claims the judge did, and accused Allred of brazen contempt of the gag order. The defense claims the DA also violated the gag order in comments made to the "Modesto Bee" last week. Hearings could be set for both.

But, of course, Geragos first wants the judge to dump the gag order, as does the media.

And how about those phone calls involving Scott Peterson? The defense wants the prosecution sanctioned for intercepting what they called privileged phone calls with his attorney. A new hearing will be set for that.

Then there are those 176 phone recordings with Peterson discovered this month on a police wiretap computer. No one knows what's on them. The prosecution wants the court to review them.

Very little has leaked out about the prosecution's case, and many are hoping to learn more when the preliminary hearing begins on July 16. But first on the agenda? A possible postponement of that hearing.

(END VIDEOTAPE)

It looks like one of the witnesses, one of the prosecution's witnesses, a forensic scientist, has a vacation during that time. He's very important to the case, and it looks like they're -- that's why they're asking for a delay. Sources say it's likely that it won't be scheduled again until sometime in September -- Daryn.

KAGAN: Rusty Dornin live from Modesto. More on this story later this morning. Thank you, Rusty.

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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