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CNN Live At Daybreak
Peterson Case
Aired October 29, 2003 - 06:37 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: It's already been delayed four times, but they'll try again today to hold a preliminary hearing for Scott Peterson. Scheduling conflicts with defense attorneys pushed back the hearing from September. Peterson, as I know you know, is charged with two counts of murder in the deaths of his pregnant wife, Laci, and their unborn son.
Peterson, who turns 31 on Friday, has pleaded innocent.
Let's head live to Miami now and legal analyst Kendall Coffey.
Good morning -- Kendall. Time for some "Coffey Talk" on this subject right now.
This preliminary hearing is where the prosecution lays out its case. What can we expect?
KENDALL COFFEY, CNN LEGAL ANALYST: Well, we're going to get a preview. We're not going to get the whole case. Both sides are still going to hold back some cards for the final trial. But I think at a minimum we're going to see some of the prosecution's best physical evidence.
And, Carol, as we know, we haven't seen much so far. And the big question is: Will Amber Frey, the alleged girlfriend of Scott Peterson, testify? Because, of course, she is critical to the prosecution's theory of motive and some other elements as well.
COSTELLO: What about the phone calls between Amber Frey and Scott Peterson? Will some of those be played in court?
COFFEY: There's going to be a key evidence ruling. The defense is trying to keep out the phone calls. Odds are they're going to fail to keep most of them out.
And what those phone calls will show, Carol, is not just the liaison and ongoing discussions between Scott Peterson and Amber Frey, but at the very time when the Modesto community was out searching for Laci Peterson, holding candlelight vigils for Laci and Connor, Scott Peterson was on the phone to the paramour. That's more than just motive. That's the kind of thing that really vilifies and dehumanizes the defendant, potentially.
COSTELLO: It's sort of a tricky thing for the prosecution, because it wants to lay out its case, but not too much, because this does give the defense a chance to hear what evidence the prosecution has. COFFEY: Exactly, especially with witnesses, because if the prosecution puts on Amber Frey, she's subject to cross-examination, which the defense will be able to use to great effect at trial. Both sides know that very probably, if not assuredly, Scott Peterson is going to be bound over for murder trial. So, rather than put all of the prosecution's witnesses on the stand and subject them to cross- examination, the percentage strategy is to hold back some of their best evidence.
COSTELLO: All right, Kendall Coffey with some "Coffey Talk" this morning. We appreciate it. Live 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 October 29, 2003 - 06:37 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: It's already been delayed four times, but they'll try again today to hold a preliminary hearing for Scott Peterson. Scheduling conflicts with defense attorneys pushed back the hearing from September. Peterson, as I know you know, is charged with two counts of murder in the deaths of his pregnant wife, Laci, and their unborn son.
Peterson, who turns 31 on Friday, has pleaded innocent.
Let's head live to Miami now and legal analyst Kendall Coffey.
Good morning -- Kendall. Time for some "Coffey Talk" on this subject right now.
This preliminary hearing is where the prosecution lays out its case. What can we expect?
KENDALL COFFEY, CNN LEGAL ANALYST: Well, we're going to get a preview. We're not going to get the whole case. Both sides are still going to hold back some cards for the final trial. But I think at a minimum we're going to see some of the prosecution's best physical evidence.
And, Carol, as we know, we haven't seen much so far. And the big question is: Will Amber Frey, the alleged girlfriend of Scott Peterson, testify? Because, of course, she is critical to the prosecution's theory of motive and some other elements as well.
COSTELLO: What about the phone calls between Amber Frey and Scott Peterson? Will some of those be played in court?
COFFEY: There's going to be a key evidence ruling. The defense is trying to keep out the phone calls. Odds are they're going to fail to keep most of them out.
And what those phone calls will show, Carol, is not just the liaison and ongoing discussions between Scott Peterson and Amber Frey, but at the very time when the Modesto community was out searching for Laci Peterson, holding candlelight vigils for Laci and Connor, Scott Peterson was on the phone to the paramour. That's more than just motive. That's the kind of thing that really vilifies and dehumanizes the defendant, potentially.
COSTELLO: It's sort of a tricky thing for the prosecution, because it wants to lay out its case, but not too much, because this does give the defense a chance to hear what evidence the prosecution has. COFFEY: Exactly, especially with witnesses, because if the prosecution puts on Amber Frey, she's subject to cross-examination, which the defense will be able to use to great effect at trial. Both sides know that very probably, if not assuredly, Scott Peterson is going to be bound over for murder trial. So, rather than put all of the prosecution's witnesses on the stand and subject them to cross- examination, the percentage strategy is to hold back some of their best evidence.
COSTELLO: All right, Kendall Coffey with some "Coffey Talk" this morning. We appreciate it. Live 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.
