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CNN Live Today
Scott Peterson Case
Aired October 17, 2003 - 10:15 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: Scott Peterson is due back in a California courtroom today. It is one day after his lawyers accused the police of purposely omitting facts in a search warrant. The defense says that the police intentionally misled a judge to bolster their case that Peterson killed his wife Laci and their unborn son last December.
Let's get some legal perspective on this defense maneuver. Nelda Luce Blair is a former Texas prosecutor, well-known television commentator on legal matters, and she is with us from Houston, Texas.
Nelda, good morning. Thanks for being with us.
NELDA LUCE BLAIR, FMR. TEXAS PROSECUTOR: Good morning. Thanks for having me.
KAGAN: Let's first talk about the boat. Why do defense attorneys want the search warrant around the boat tossed out of the preliminary hearings?
BLAIR: Well, this is what we call a legal technicality. The defense is doing what the defense does best, and that's try to chop apart the prosecution's case bit by bit. What they want to do is say that this affidavit that allowed a search warrant of the boat was technically not proper, that it didn't actually present probable cause in the right light because they left some information out.
And what will happen if the judge does throw out that search warrant, along with that goes the evidence that was found in the boat, perhaps cement, perhaps Laci's hair, perhaps blood, perhaps tissue. None of that can be presented at the trial, and it would be devastating for the prosecution. But honestly, I do not think this judge will throw out that search warrant.
KAGAN: Let's go on to another issue. The defense is challenging GPS, these satellite-detection devices that were put in Scott Peterson's vehicles when he was just a suspect. They're saying that that's not reliable and that shouldn't hold up in court either.
BLAIR: Well, once again, they're trying to chip away bit by bit every piece they can get of the circumstantial case that the prosecution has. The GPS is yet one other part. They're basically saying that the antennas weren't placed correctly, that they're not reliable, and that they want them kept out of court.
Again, they're doing what the defense does best, they're trying their best to take apart the prosecution's case when they don't have much defense of their own.
KAGAN: Let's look at the prosecution. I don't know if they were criticized for this, but some people just rolled their eyes. They were going to use this witness that they were hypnotized. Now they're say at least at the preliminary hearing, they're not going to use that type of evidence.
BLAIR: Well, that is evidence that some people don't find very reliable. But the prosecution, again, has a circumstantial case, so they're going to use whatever they can that they think might sway a jury. The question is, will the judge allow that evidence into either the preliminary hearing or the trial? And it will be the judge that will make that decision as to whether or not a hypnotized person is reliable evidence that they can take in front of the jury.
KAGAN: And then finally, this hearing taking place, they're basically getting together to see how everyone is doing on timing. Right now, the hearing is scheduled to begin October 20, but it looks like that's going to be delayed yet again.
BLAIR: Yes, I understand the defense lawyer, gain has a scheduling conflict. It's really not unusual for a case to be postponed more than once. But honestly, this is the second time that it will be postponed because of the defense lawyer's scheduling, which he has somewhat of a control over, but he does have other cases. I would suspect that the judge would not tolerate another delay because of the defense's scheduling. She's going to say, look -- he is going to say, look, this case is important too, you need to get in here and try it, it's time.
KAGAN: All right, we'll be tracking it from Modesto.
Nelda Luce Blair, thank you very much, joining from us Houston.
We expect that pretrial hearing to get under way about 11:30 a.m. Eastern.
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 October 17, 2003 - 10:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Scott Peterson is due back in a California courtroom today. It is one day after his lawyers accused the police of purposely omitting facts in a search warrant. The defense says that the police intentionally misled a judge to bolster their case that Peterson killed his wife Laci and their unborn son last December.
Let's get some legal perspective on this defense maneuver. Nelda Luce Blair is a former Texas prosecutor, well-known television commentator on legal matters, and she is with us from Houston, Texas.
Nelda, good morning. Thanks for being with us.
NELDA LUCE BLAIR, FMR. TEXAS PROSECUTOR: Good morning. Thanks for having me.
KAGAN: Let's first talk about the boat. Why do defense attorneys want the search warrant around the boat tossed out of the preliminary hearings?
BLAIR: Well, this is what we call a legal technicality. The defense is doing what the defense does best, and that's try to chop apart the prosecution's case bit by bit. What they want to do is say that this affidavit that allowed a search warrant of the boat was technically not proper, that it didn't actually present probable cause in the right light because they left some information out.
And what will happen if the judge does throw out that search warrant, along with that goes the evidence that was found in the boat, perhaps cement, perhaps Laci's hair, perhaps blood, perhaps tissue. None of that can be presented at the trial, and it would be devastating for the prosecution. But honestly, I do not think this judge will throw out that search warrant.
KAGAN: Let's go on to another issue. The defense is challenging GPS, these satellite-detection devices that were put in Scott Peterson's vehicles when he was just a suspect. They're saying that that's not reliable and that shouldn't hold up in court either.
BLAIR: Well, once again, they're trying to chip away bit by bit every piece they can get of the circumstantial case that the prosecution has. The GPS is yet one other part. They're basically saying that the antennas weren't placed correctly, that they're not reliable, and that they want them kept out of court.
Again, they're doing what the defense does best, they're trying their best to take apart the prosecution's case when they don't have much defense of their own.
KAGAN: Let's look at the prosecution. I don't know if they were criticized for this, but some people just rolled their eyes. They were going to use this witness that they were hypnotized. Now they're say at least at the preliminary hearing, they're not going to use that type of evidence.
BLAIR: Well, that is evidence that some people don't find very reliable. But the prosecution, again, has a circumstantial case, so they're going to use whatever they can that they think might sway a jury. The question is, will the judge allow that evidence into either the preliminary hearing or the trial? And it will be the judge that will make that decision as to whether or not a hypnotized person is reliable evidence that they can take in front of the jury.
KAGAN: And then finally, this hearing taking place, they're basically getting together to see how everyone is doing on timing. Right now, the hearing is scheduled to begin October 20, but it looks like that's going to be delayed yet again.
BLAIR: Yes, I understand the defense lawyer, gain has a scheduling conflict. It's really not unusual for a case to be postponed more than once. But honestly, this is the second time that it will be postponed because of the defense lawyer's scheduling, which he has somewhat of a control over, but he does have other cases. I would suspect that the judge would not tolerate another delay because of the defense's scheduling. She's going to say, look -- he is going to say, look, this case is important too, you need to get in here and try it, it's time.
KAGAN: All right, we'll be tracking it from Modesto.
Nelda Luce Blair, thank you very much, joining from us Houston.
We expect that pretrial hearing to get under way about 11:30 a.m. Eastern.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
