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Peterson Case

Aired November 03, 2003 - 10:16   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: There are more twists in the preliminary hearing that will ultimately decide whether Scott Peterson should face trial in the murder of his wife and unborn son. Family members have provided the most compelling testimony the first three days, and the next may come from his extramarital girlfriend Amber Frey.
Our legal analyst Jeffrey Toobin joins us now, he is in Modesto, to give as you closer look.

Jeffrey, good morning.

First let's talk DNA, and what is at the center focus of what kind of testimony could be coming from the preliminary hearing?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, you know, most of the hearing so far has been about a single strand of hair. One strand of hair was found on a pliers in Scott Peterson's boat, you recall, that on December 24th of last year Scott Peterson (UNINTELLIGIBLE) he was fishing he said in San Francisco Bay, and his wife's body was discovered not too far where he said he was fishing months later.

In that boat, a strand of hair was found on a pliers. The government has introduced evidence that a technology called mitochondrial DNA shows a match between that hair and Laci Peterson's hair. The defense has challenged both the science of mitochondrial DNA, which is different from the more familiar nuclear DNA, and says it is not proof that this is the hair that was Laci Peterson's, and the defense expert will be testifying today trying to discredit that technology.

KAGAN: Also, a lot of the testimony comes from the family members surrounds the fishing trip, the alleged fishing trip. And it just seems like investigators all along thought there was something fishy about Scott Peterson's fishing trip around Christmastime.

TOOBIN: So to speak, yes, indeed. They thought and they still think it was fishy. Very traumatic testimony last week from Laci Peterson's mother and from Scott Peterson's father. Both of whom said that they didn't even know that Scott Peterson owned this boat, sort of peculiar that he'd own a boat without telling them. And Scott's father testified that on December 24th, he received a cell phone call from Scott between 10:00 and 2:00 on the 24th saying -- making arrangements for Christmas the next day, but not saying he was fishing. Sort of odd you would be in the middle of San Francisco Bay on a cell phone and not say, oh, by the way, this is where I am. They raised suspicions about why Scott Peterson was in this boat, what his purpose was for owning the boat.

But, to be fair, they have not shown any direct evidence that Scott Peterson killed Laci, or any physical evidence directly tying him to a crime.

KAGAN: Well, and so looking ahead, what might some kind of testimony from Amber Frey, his mistress or then mistress, add to the prosecution's case?

TOOBIN: Well, certainly, the focus of her testimony will be motive. The fact that he was having this affair, that he may have wanted to get out of his marriage, that he was lying to his wife, suggests that he had a motive to kill Laci.

Again, not ironclad evidence. A lot of people apparently have extramarital affairs without killing their spouses, but it will certainly be a chink in Scott Peterson's armor, a guy who made out like he was a grieving husband, who during this period was courting Amber Frey, and she is expected to testify this week.

KAGAN: And then, finally, do you think this week, or when will we have a decision on whether this does, indeed, go to trial?

TOOBIN: Well, this is California, so everything that should take a week takes two weeks. And the original theory was that the hearing would wrap up this week. My guess is it will wrap up next week. The judge will probably decide very soon thereafter that the case will go to trial. I don't think there's much doubt that the prosecution will win since preliminary hearings have a very low threshold for prosecutors and prosecutors almost never lose these hearings.

But this is a chance for both sides to preview their evidence in court and for jurors, so it's more than just the prosecutors winning the preliminary hearing. That's kind of a forgone conclusion. What they need to persuade -- they are trying to persuade the jury pool they really have a strong case.

KAGAN: All right, Jeff Toobin, in Modesto, appreciate your input, as always.

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 November 3, 2003 - 10:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: There are more twists in the preliminary hearing that will ultimately decide whether Scott Peterson should face trial in the murder of his wife and unborn son. Family members have provided the most compelling testimony the first three days, and the next may come from his extramarital girlfriend Amber Frey.
Our legal analyst Jeffrey Toobin joins us now, he is in Modesto, to give as you closer look.

Jeffrey, good morning.

First let's talk DNA, and what is at the center focus of what kind of testimony could be coming from the preliminary hearing?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, you know, most of the hearing so far has been about a single strand of hair. One strand of hair was found on a pliers in Scott Peterson's boat, you recall, that on December 24th of last year Scott Peterson (UNINTELLIGIBLE) he was fishing he said in San Francisco Bay, and his wife's body was discovered not too far where he said he was fishing months later.

In that boat, a strand of hair was found on a pliers. The government has introduced evidence that a technology called mitochondrial DNA shows a match between that hair and Laci Peterson's hair. The defense has challenged both the science of mitochondrial DNA, which is different from the more familiar nuclear DNA, and says it is not proof that this is the hair that was Laci Peterson's, and the defense expert will be testifying today trying to discredit that technology.

KAGAN: Also, a lot of the testimony comes from the family members surrounds the fishing trip, the alleged fishing trip. And it just seems like investigators all along thought there was something fishy about Scott Peterson's fishing trip around Christmastime.

TOOBIN: So to speak, yes, indeed. They thought and they still think it was fishy. Very traumatic testimony last week from Laci Peterson's mother and from Scott Peterson's father. Both of whom said that they didn't even know that Scott Peterson owned this boat, sort of peculiar that he'd own a boat without telling them. And Scott's father testified that on December 24th, he received a cell phone call from Scott between 10:00 and 2:00 on the 24th saying -- making arrangements for Christmas the next day, but not saying he was fishing. Sort of odd you would be in the middle of San Francisco Bay on a cell phone and not say, oh, by the way, this is where I am. They raised suspicions about why Scott Peterson was in this boat, what his purpose was for owning the boat.

But, to be fair, they have not shown any direct evidence that Scott Peterson killed Laci, or any physical evidence directly tying him to a crime.

KAGAN: Well, and so looking ahead, what might some kind of testimony from Amber Frey, his mistress or then mistress, add to the prosecution's case?

TOOBIN: Well, certainly, the focus of her testimony will be motive. The fact that he was having this affair, that he may have wanted to get out of his marriage, that he was lying to his wife, suggests that he had a motive to kill Laci.

Again, not ironclad evidence. A lot of people apparently have extramarital affairs without killing their spouses, but it will certainly be a chink in Scott Peterson's armor, a guy who made out like he was a grieving husband, who during this period was courting Amber Frey, and she is expected to testify this week.

KAGAN: And then, finally, do you think this week, or when will we have a decision on whether this does, indeed, go to trial?

TOOBIN: Well, this is California, so everything that should take a week takes two weeks. And the original theory was that the hearing would wrap up this week. My guess is it will wrap up next week. The judge will probably decide very soon thereafter that the case will go to trial. I don't think there's much doubt that the prosecution will win since preliminary hearings have a very low threshold for prosecutors and prosecutors almost never lose these hearings.

But this is a chance for both sides to preview their evidence in court and for jurors, so it's more than just the prosecutors winning the preliminary hearing. That's kind of a forgone conclusion. What they need to persuade -- they are trying to persuade the jury pool they really have a strong case.

KAGAN: All right, Jeff Toobin, in Modesto, appreciate your input, as always.

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