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Peterson Autopsies to Remain Sealed

Aired June 06, 2003 - 13:09   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.


MILES O'BRIEN, CNN ANCHOR: Let get over to Modesto, California, quickly. Got some news breaking there. The Laci Peterson case.
Looking at some tape right now. CNN's Elaine Quijano is there with some details now on that autopsy report, which up until now we haven't really seen anything of, of course, because the judge has kept it secret -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: That's exactly right. Hello to you, Miles.

Just moments ago we had one of the main questions that was to come out of this hearing answered. The judge essentially ruling against the prosecution motion to unseal those documents, the autopsy reports on both Laci Peterson and her unborn son, Connor.

So those autopsy reports will remain under seal, that information coming out of the courtroom just a few moments ago.

Now, the other big issue that we had expected to hear discussed today, this issue of the 69 intercepted phone calls between Scott Peterson and his defense team.

What we heard are the prosecution -- the defense say, rather, is that they believe that some of those intercepted phone calls violated attorney-client privilege. And the prosecution's office said that they felt their agents had acted properly and followed the guidelines of the law.

Now, essentially, what Mark Geragos, the lead defense attorney here today, said is that he does not have all of the information that he needs to move forward on the wiretap issue, namely, things like wiretap instructions, also logs and notes associated with these calls. And he feels that he was, quote, "operating in the blind right now" regarding the wiretap issue.

And he asked for more time in order to get some of those documents, some of that additional information from the prosecution. And the date now, we understand, that they have settled on to take up this question again is June 26. They will go over that at 8:30. And we understand Judge Al Girolami saying that part of that particular hearing will take place in open court. Part of it will happen in the judge's chambers behind closed doors.

But getting back to the autopsy reports, you'll recall that the prosecution last week essentially reversed its course on this, reversed its position, saying that because of leaks to the media regarding the autopsy reports, it wanted to go ahead and have those be made public. But the judge today deciding against that. So as I mentioned, those reports will remain under seal.

Finally, the last issue to be taken up today by Judge Al Girolami, this issue of a possible gag order. The prosecution supports that idea, but the D.A. -- but the defense, rather, and an attorney for Amber Frey, the woman who said she had an affair with Scott Peterson, both those parties are against a gag order.

Now the defense says that it wants to have the opportunity to correct any misinformation that might be out there. And Amber Frey's attorney says her client should have the chance to speak out against any attacks on her reputation. So we understand that is the last item on the agenda to be taken up by Judge Al Girolami, those discussions, that hearing continuing at this hour -- Miles.

O'BRIEN: Elaine Quijano in Modesto, keep us updated on that. Lots of news trickling out of that courtroom. And we'll be watching that one very closely.

Got another piece of news that came in while Elaine was talking. A judge in Florida in Orlando has ruled against a Muslim woman who had requested that she be allowed to be photographed for her driver's license wearing a veil.

Her name is Sultanna Freeman. She is a devout Muslim and asked the judge to allow her to be photographed with that veil that you see there on her face because she felt otherwise it would infringe upon her observe advance of her religion.

The circuit judge there, Janet Thorpe, said the photo requirement itself -- refuted that statement. And the judge said in the ruling that having access to photo image identification is essential to promote the state's compelling interest in protecting the public. So public safety taking weight over religious options there and the veil will be lifted for Sultana Freeman in Orlando, Florida.

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 June 6, 2003 - 13:09   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Let get over to Modesto, California, quickly. Got some news breaking there. The Laci Peterson case.
Looking at some tape right now. CNN's Elaine Quijano is there with some details now on that autopsy report, which up until now we haven't really seen anything of, of course, because the judge has kept it secret -- Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: That's exactly right. Hello to you, Miles.

Just moments ago we had one of the main questions that was to come out of this hearing answered. The judge essentially ruling against the prosecution motion to unseal those documents, the autopsy reports on both Laci Peterson and her unborn son, Connor.

So those autopsy reports will remain under seal, that information coming out of the courtroom just a few moments ago.

Now, the other big issue that we had expected to hear discussed today, this issue of the 69 intercepted phone calls between Scott Peterson and his defense team.

What we heard are the prosecution -- the defense say, rather, is that they believe that some of those intercepted phone calls violated attorney-client privilege. And the prosecution's office said that they felt their agents had acted properly and followed the guidelines of the law.

Now, essentially, what Mark Geragos, the lead defense attorney here today, said is that he does not have all of the information that he needs to move forward on the wiretap issue, namely, things like wiretap instructions, also logs and notes associated with these calls. And he feels that he was, quote, "operating in the blind right now" regarding the wiretap issue.

And he asked for more time in order to get some of those documents, some of that additional information from the prosecution. And the date now, we understand, that they have settled on to take up this question again is June 26. They will go over that at 8:30. And we understand Judge Al Girolami saying that part of that particular hearing will take place in open court. Part of it will happen in the judge's chambers behind closed doors.

But getting back to the autopsy reports, you'll recall that the prosecution last week essentially reversed its course on this, reversed its position, saying that because of leaks to the media regarding the autopsy reports, it wanted to go ahead and have those be made public. But the judge today deciding against that. So as I mentioned, those reports will remain under seal.

Finally, the last issue to be taken up today by Judge Al Girolami, this issue of a possible gag order. The prosecution supports that idea, but the D.A. -- but the defense, rather, and an attorney for Amber Frey, the woman who said she had an affair with Scott Peterson, both those parties are against a gag order.

Now the defense says that it wants to have the opportunity to correct any misinformation that might be out there. And Amber Frey's attorney says her client should have the chance to speak out against any attacks on her reputation. So we understand that is the last item on the agenda to be taken up by Judge Al Girolami, those discussions, that hearing continuing at this hour -- Miles.

O'BRIEN: Elaine Quijano in Modesto, keep us updated on that. Lots of news trickling out of that courtroom. And we'll be watching that one very closely.

Got another piece of news that came in while Elaine was talking. A judge in Florida in Orlando has ruled against a Muslim woman who had requested that she be allowed to be photographed for her driver's license wearing a veil.

Her name is Sultanna Freeman. She is a devout Muslim and asked the judge to allow her to be photographed with that veil that you see there on her face because she felt otherwise it would infringe upon her observe advance of her religion.

The circuit judge there, Janet Thorpe, said the photo requirement itself -- refuted that statement. And the judge said in the ruling that having access to photo image identification is essential to promote the state's compelling interest in protecting the public. So public safety taking weight over religious options there and the veil will be lifted for Sultana Freeman in Orlando, Florida.

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