Return to Transcripts main page

CNN Live At Daybreak

Coffey Talk: Scott Peterson Arraignment

Aired December 03, 2003 - 06:34   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.


CAROL COSTELLO, CNN ANCHOR: Scott Peterson is back in court today. He'll be there to hear the charges against him. Of course, he's accused of killing his wife and their unborn son.
The judge is also expected to set a trial date, but the start may be delayed by defense motions, including a call for the trial to be moved out of Modesto. The judge will also decide whether the gag order on the case will be lifted.

So, it's time for some "Coffey Talk" now with our legal analyst, Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: He joins us live from Miami. We're glad to see you.

So, Scott Peterson's attorneys are expected to ask for a dismissal and a change of venue. Is it likely they'll get their wishes?

COFFEY: Dismissal isn't going to happen. Change of venue is something that the judge is going to have to look at and perhaps schedule some process for resolving it. It's not an insignificant issue.

Some months ago, there was a poll indicating that 75 percent of the public in that community had already decided this case. Nationally, of course, anywhere you go, there are opinions about the case as well. But the key thing is going to be to determine whether the local feelings are so much stronger or so much more entrenched than the general sense that you might find elsewhere in California, such that it would be important to transfer the case out of that county to another community.

COSTELLO: Will we find out anymore about evidence that prosecutors have during this hearing?

COFFEY: Well, we've already found out one interesting thing, Carol, because the attorneys for Scott Peterson are asking for a return of $15,000 in cash and of his Ford pickup truck. And apparently, the prosecutor in response to that request is indicating that he doesn't want to give this stuff back. He wants to be able to go to the jury and show them the money.

And additionally that the pickup truck may have evidence perhaps of Scott Peterson's blood, because the prosecutor says that that truck was used to transport the body of a murdered Laci Peterson to a warehouse.

COSTELLO: So, there is this sense that prosecutors believe she was killed in the home. He put her in his truck, and then took her to his boat, supposedly.

COFFEY: That theory -- exactly. That is now beginning to develop and crystallize as the prosecution theory. We still don't know everything that the prosecution is going to say about the case. A lot was held back in the preliminary hearing. Not even the issue of motive has been completely defined yet.

But at least we're getting the basic chronology and the basic elements of how the prosecutors think this terrible murder was committed.

COSTELLO: All right, Kendall Coffey live from Miami this morning.

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 December 3, 2003 - 06:34   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Scott Peterson is back in court today. He'll be there to hear the charges against him. Of course, he's accused of killing his wife and their unborn son.
The judge is also expected to set a trial date, but the start may be delayed by defense motions, including a call for the trial to be moved out of Modesto. The judge will also decide whether the gag order on the case will be lifted.

So, it's time for some "Coffey Talk" now with our legal analyst, Kendall Coffey.

Good morning -- Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: He joins us live from Miami. We're glad to see you.

So, Scott Peterson's attorneys are expected to ask for a dismissal and a change of venue. Is it likely they'll get their wishes?

COFFEY: Dismissal isn't going to happen. Change of venue is something that the judge is going to have to look at and perhaps schedule some process for resolving it. It's not an insignificant issue.

Some months ago, there was a poll indicating that 75 percent of the public in that community had already decided this case. Nationally, of course, anywhere you go, there are opinions about the case as well. But the key thing is going to be to determine whether the local feelings are so much stronger or so much more entrenched than the general sense that you might find elsewhere in California, such that it would be important to transfer the case out of that county to another community.

COSTELLO: Will we find out anymore about evidence that prosecutors have during this hearing?

COFFEY: Well, we've already found out one interesting thing, Carol, because the attorneys for Scott Peterson are asking for a return of $15,000 in cash and of his Ford pickup truck. And apparently, the prosecutor in response to that request is indicating that he doesn't want to give this stuff back. He wants to be able to go to the jury and show them the money.

And additionally that the pickup truck may have evidence perhaps of Scott Peterson's blood, because the prosecutor says that that truck was used to transport the body of a murdered Laci Peterson to a warehouse.

COSTELLO: So, there is this sense that prosecutors believe she was killed in the home. He put her in his truck, and then took her to his boat, supposedly.

COFFEY: That theory -- exactly. That is now beginning to develop and crystallize as the prosecution theory. We still don't know everything that the prosecution is going to say about the case. A lot was held back in the preliminary hearing. Not even the issue of motive has been completely defined yet.

But at least we're getting the basic chronology and the basic elements of how the prosecutors think this terrible murder was committed.

COSTELLO: All right, Kendall Coffey live from Miami this morning.

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