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CNN Live Today

The Scott Peterson Case

Aired January 14, 2004 - 11:30   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: A hearing in the Scott Peterson case should be getting under way just about now in Modesto, California. The defense team will ask the judge to throw out the murder case, essentially for lack of evidence. Any chance that's going to happen? We might know before the hour is out.
But now, let's check within with former prosecutor Kendall Coffey. He's in Miami, but he's watching cases clear across the country.

Kendall, good morning.

KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: Hey, good morning, Daryn.

KAGAN: Any chance the judge is going to say, oh, you're right, never mind, go home, Scott Peterson.

COFFEY: No chance. And let's recall, back in November, the court basically found that there was sufficient evidence at the preliminary hearing to establish probable cause to bind Scott Peterson over to trial.

But, Daryn, what it does do is give the defense yet another opportunity to remind the court, to remind anybody who's watching, of what they consider to be the flaws in the prosecution's case. Their basic thing being that the police locked in too early on Scott Peterson, like a heat-seeking missile, and ignored the clues and lead that is would have allowed them to find out who really killed Laci Peterson and her unborn son.

KAGAN: Well, and, Kendall, when you look at it, the prosecution -- for you people, this looks cut and dried. But the prosecution does not have a lot, that they have a potential motive, but they don't know how Laci Peterson was killed, they don't know where she was killed. It basically comes down to one hair in Scott Peterson's boat.

COFFEY: And that's why the defense isn't talking about Satanic cult anymore. They're going to defend this case the old-fashioned way, point out all the question marks, all the gaps in the prosecution's case. The prosecution thinks they've got the other woman, that kind of motive. But that's a little bit soft, when you think about the fact that Scott Peterson clearly was looking forward to the birth of his son, and he'd really only known Amber Frey for a couple weeks. Does a guy really go out and plan this complex murder, bury the bodies in the bay kind of scheme, for somebody he barely knows, when he's, apparently, excitedly awaiting the birth of his son. They've got one big thing going for them -- location, location, location. The bodies were found washed ashore within a few miles of where Scott Peterson says he was right before Christmas.

But other than that, there's a lot circumstantial case, and it isn't shaping up as an overwhelmingly strong case for the prosecution.

KAGAN: And they also are going to go to a lot of cell phone evidence. He did have a cell phone. He did place calls, but there is a chunk where he wasn't answering hi calls. They can use that cell phone to figure which towers he was bouncing off of, but also it provides this window of where his whereabouts were not accounted for.

COFFEY: And the best thing, in some ways, the prosecution has going for it, is Scott Peterson himself. He acted kind of strange and kind of guilty in a lot of different ways. For example, when he was supposedly fishing, he couldn't tell the investigator what kind of fish he was fishing for. He didn't even tell his own father that he'd bought the boat or was out fishing. And his conversations, Daryn, with Amber Frey sound guilty. And one of them saying, in fact, several weeks before the disappearance of Laci Peterson, that his wife was dead. So he has created a lot of the strange, suspicious stuff himself that the prosecution is going to be relying upon, because they don't have a lot of direct evidence in this case.

KAGAN: I want to ask you about change of venue. It looks like this one is headed to somewhere in the Bay Area. Counties around there reporting back, saying, well, you can come, we're not dying to have you here, but if you need, you can come on down. But really, how much does the defense gain by moving it to the Bay Area, as opposed if it went into Southern California?

COFFEY: Well, I think, first of all, it's a big win, and frankly, one I did not expect for the defense. Anything's got to be better for them than in the Modesto area. And in terms of where they go from here, they're going to be going to larger counties. For example, all of the counties that are being closely looked at, including Santa Clara and Ala Meda (ph), have maybe two of three times the population. So they're going to get a bigger jury pool to work from. But I think the bottom line is they're not going to be trying this in the home of Laci Peterson, who was seen as somebody that that community cared about and had a lot of investment in. So one way or another, wherever it ends up, it's going to be a plus for Scott Peterson.

KAGAN: All right. it's a plus having you here with us, Kendall. Appreciate your insight, as always. Kendall Coffey, joining us from Miami.

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 January 14, 2004 - 11:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A hearing in the Scott Peterson case should be getting under way just about now in Modesto, California. The defense team will ask the judge to throw out the murder case, essentially for lack of evidence. Any chance that's going to happen? We might know before the hour is out.
But now, let's check within with former prosecutor Kendall Coffey. He's in Miami, but he's watching cases clear across the country.

Kendall, good morning.

KENDALL COFFEY, FMR. FEDERAL PROSECUTOR: Hey, good morning, Daryn.

KAGAN: Any chance the judge is going to say, oh, you're right, never mind, go home, Scott Peterson.

COFFEY: No chance. And let's recall, back in November, the court basically found that there was sufficient evidence at the preliminary hearing to establish probable cause to bind Scott Peterson over to trial.

But, Daryn, what it does do is give the defense yet another opportunity to remind the court, to remind anybody who's watching, of what they consider to be the flaws in the prosecution's case. Their basic thing being that the police locked in too early on Scott Peterson, like a heat-seeking missile, and ignored the clues and lead that is would have allowed them to find out who really killed Laci Peterson and her unborn son.

KAGAN: Well, and, Kendall, when you look at it, the prosecution -- for you people, this looks cut and dried. But the prosecution does not have a lot, that they have a potential motive, but they don't know how Laci Peterson was killed, they don't know where she was killed. It basically comes down to one hair in Scott Peterson's boat.

COFFEY: And that's why the defense isn't talking about Satanic cult anymore. They're going to defend this case the old-fashioned way, point out all the question marks, all the gaps in the prosecution's case. The prosecution thinks they've got the other woman, that kind of motive. But that's a little bit soft, when you think about the fact that Scott Peterson clearly was looking forward to the birth of his son, and he'd really only known Amber Frey for a couple weeks. Does a guy really go out and plan this complex murder, bury the bodies in the bay kind of scheme, for somebody he barely knows, when he's, apparently, excitedly awaiting the birth of his son. They've got one big thing going for them -- location, location, location. The bodies were found washed ashore within a few miles of where Scott Peterson says he was right before Christmas.

But other than that, there's a lot circumstantial case, and it isn't shaping up as an overwhelmingly strong case for the prosecution.

KAGAN: And they also are going to go to a lot of cell phone evidence. He did have a cell phone. He did place calls, but there is a chunk where he wasn't answering hi calls. They can use that cell phone to figure which towers he was bouncing off of, but also it provides this window of where his whereabouts were not accounted for.

COFFEY: And the best thing, in some ways, the prosecution has going for it, is Scott Peterson himself. He acted kind of strange and kind of guilty in a lot of different ways. For example, when he was supposedly fishing, he couldn't tell the investigator what kind of fish he was fishing for. He didn't even tell his own father that he'd bought the boat or was out fishing. And his conversations, Daryn, with Amber Frey sound guilty. And one of them saying, in fact, several weeks before the disappearance of Laci Peterson, that his wife was dead. So he has created a lot of the strange, suspicious stuff himself that the prosecution is going to be relying upon, because they don't have a lot of direct evidence in this case.

KAGAN: I want to ask you about change of venue. It looks like this one is headed to somewhere in the Bay Area. Counties around there reporting back, saying, well, you can come, we're not dying to have you here, but if you need, you can come on down. But really, how much does the defense gain by moving it to the Bay Area, as opposed if it went into Southern California?

COFFEY: Well, I think, first of all, it's a big win, and frankly, one I did not expect for the defense. Anything's got to be better for them than in the Modesto area. And in terms of where they go from here, they're going to be going to larger counties. For example, all of the counties that are being closely looked at, including Santa Clara and Ala Meda (ph), have maybe two of three times the population. So they're going to get a bigger jury pool to work from. But I think the bottom line is they're not going to be trying this in the home of Laci Peterson, who was seen as somebody that that community cared about and had a lot of investment in. So one way or another, wherever it ends up, it's going to be a plus for Scott Peterson.

KAGAN: All right. it's a plus having you here with us, Kendall. Appreciate your insight, as always. Kendall Coffey, joining us from Miami.

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