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Laci Peterson Case: Prosecution's Request to Release Autopsy Reports Denied

Aired June 06, 2003 - 14:42   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: We've been watching that tape replay of the Laci Peterson hearing. Scott Peterson accused of her murder in a Modesto, California, courtroom. And a few moments ago, a moment which Jeff Toobin referred to -- Jeff Toobin was in there for the hearing live. And he was referring to a moment when there was some discussion about the autopsy report on Laci Peterson. Jeff, for viewers who are just tuning in, help us set up this little piece of tape we're about to play as to what was going on. It was a rather emotional moment.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, one of the issues that the judge was going to deal with today was whether the official autopsy report, the multi-page autopsy report on Laci Peterson and her unborn son, Connor, whether that was going to be publicly disclosed. Because last week, parts of that report leaked. And the prosecution did an about face and said no, in light of this leak, we think the whole thing should be released rather than just the snippet that came out.

And right after the break this morning, that was the issue that was before the court. And you know, it was a reminder that for all of us who talk about these things in terms of strategy and tactics, and I think that's appropriate in context, you know, this was a reminder that Sharon Rocha's daughter was the person who was being described in this autopsy, not to mention her unborn grandson. And we see in this tape that as soon as the subject of the autopsy came up, you see the response of Laci Peterson's mother.

(BEGIN VIDEOTAPE)

DAVE HARRIS, DEPUTY DA: This is procedurally -- to take the court back on this, this was a stipulation between the prosecution and the defense that the autopsy reports -- and the term that we use by autopsy reports included the coroner's reports and other items -- is defined previously and, again, trying not to go into what information was disclosed or discussed in the in-camera, the court had conditionally sealed those items. We had the in-camera hearing. And we were awaiting the court's ruling after the in-camera on whether those documents would remain sealed.

The people learned through media reports and have seen on TV and have heard it discussed over and over and over again that certain media outlets were in possession of part and some media outlets claimed that they were in possession of the entire copy of the autopsy report. One media outlet indicated that they were in possession of the autopsy report, the coroner's report and photographs. So the people at that time believed based on the fact that that information was being disseminated, that it was detrimental to the people's case, because the information that was being leaked selectively was portraying the facts in a false light.

So at that point in time the people filed this motion, so to speak, that we are withdrawing our opposition to the sealing of that particular document, which the media has been petitioning to unseal. So that's, basically, our position at this point in time.

UNIDENTIFIED MALE: What has changed besides that leak, though, to make me change my ruling of May 30?

HARRIS: The -- again, without -- trying to discuss this without what was going on in-camera, without talking about that information, the position that both the prosecution and the defense had was that it would be detrimental if that information got out there.

Well, unfortunately, from whatever source this information was leaked, it has gotten out there, so it's not detrimental for the actual contents to be out, because the majority of it has been leaked to the media as it is.

The problem with it is, as we pointed out in our response, under the rules of professional responsibility, the people are invoking their right to respond to it, and we're hampered because we're complying with the rules of court, the court order, and the fact that these are sealed documents. So we can't discuss the inaccuracies, or if it's inaccurate, without violating the court order. So we're asking the court to lift that so that we can protect our rights in this case.

UNIDENTIFIED MALE: Mr. Geragos.

MARK GERAGOS, SCOTT PETERSON'S DEFENSE ATTORNEY: Judge, at the outset, I want to state for the record -- I called up Mr. Despasso (ph) and we've had many discussions every time there have been so- called leaks in this case. I think we've -- and he was -- I think their office's initial position that this item from the coroner's report was leaked by the defense, I called them up and told them that in no uncertain terms did it come from me. I did not, in any way, shape, or form leak anything to Mr. Abrams, who is the person from MSNBC who broke this story. I've talked with Mr. McAllister, who tells me that he did not do it or authorize it. Neither of us did.

I would remind the court, that besides my client, who obviously is the father of this baby, that his parents heard this information being leaked as well and were extremely distraught over it, and we had absolutely nothing to do with it.

The fact of the matter is, as Mr. Harris states correctly that there's been reporters who have been reporting that they actually have all of the reports and the photos, which is amazing to me.

(END VIDEOTAPE) O'BRIEN: All right. That was Mark Geragos, the defense attorney for Scott Peterson. The discussion was whether to release the full autopsy report, portions of it, as you well know were leaked, and got into the public domain, and, at that point the prosecutor's office decided that its decision to try to thwart its release would be null and void. After all, part of it was out there. And so that is where the debate went.

The judge ultimately ruled to keep that autopsy, the points that are still unknown to us, sealed up. Jeffrey Toobin, were you surprised at that decision at all?

TOOBIN: Not really. Even though the prosecutors changed their mind, what judges do when they keep things under seal is, by and large, they keep them there, even if the parties in front of them change their minds about what they want. I think it makes a certain amount of sense for the judge not to be reacting to sort of the endless give-and-take of a highly covered case where some stuff leaks and some stuff doesn't, and you have to change your rulings accordingly.

There is a preliminary hearing in this case scheduled for July where the autopsy report almost certainly will be disclosed there. So you're talking about a matter of weeks until it is disclosed in the normal course of litigation. Better to just let it go that way than start rewriting his orders.

O'BRIEN: I guess the flip side of that would be, if it's going to be released in a few weeks, why not release it now?

TOOBIN: Well, that's true. And that's the argument that was made, but they -- the judges don't like to change their minds, even at the instigation of others. And so he didn't.

Just, Miles, if I can, just looking at this video where I was in the courtroom, I mean, what's so interesting is the sort of personal dynamic there. You saw Laci Peterson's mother leave the courtroom in tears. Scott Peterson's parents are directly in -- were sitting right in front of me in the first row, right opposite the Rochas, Laci Peterson's parents. And it is painful to see these in-laws, these former in-laws who really now have no more contact with each other. They don't speak, they don't interact. There were a large number of relatives from the Laci's side of the family in court today. No interaction at all with Peterson's family.

Early in this case, there had been some gestures made about this wasn't about a fight between the two families. But you can see in court that it is a pretty poisonous relationship between the two sides of the family by now.

O'BRIEN: It's a terrible tragedy, and no matter which way you look at it. Jeffrey Toobin, thank you very much.

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




Autopsy Reports Denied>


Aired June 6, 2003 - 14:42   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: We've been watching that tape replay of the Laci Peterson hearing. Scott Peterson accused of her murder in a Modesto, California, courtroom. And a few moments ago, a moment which Jeff Toobin referred to -- Jeff Toobin was in there for the hearing live. And he was referring to a moment when there was some discussion about the autopsy report on Laci Peterson. Jeff, for viewers who are just tuning in, help us set up this little piece of tape we're about to play as to what was going on. It was a rather emotional moment.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, one of the issues that the judge was going to deal with today was whether the official autopsy report, the multi-page autopsy report on Laci Peterson and her unborn son, Connor, whether that was going to be publicly disclosed. Because last week, parts of that report leaked. And the prosecution did an about face and said no, in light of this leak, we think the whole thing should be released rather than just the snippet that came out.

And right after the break this morning, that was the issue that was before the court. And you know, it was a reminder that for all of us who talk about these things in terms of strategy and tactics, and I think that's appropriate in context, you know, this was a reminder that Sharon Rocha's daughter was the person who was being described in this autopsy, not to mention her unborn grandson. And we see in this tape that as soon as the subject of the autopsy came up, you see the response of Laci Peterson's mother.

(BEGIN VIDEOTAPE)

DAVE HARRIS, DEPUTY DA: This is procedurally -- to take the court back on this, this was a stipulation between the prosecution and the defense that the autopsy reports -- and the term that we use by autopsy reports included the coroner's reports and other items -- is defined previously and, again, trying not to go into what information was disclosed or discussed in the in-camera, the court had conditionally sealed those items. We had the in-camera hearing. And we were awaiting the court's ruling after the in-camera on whether those documents would remain sealed.

The people learned through media reports and have seen on TV and have heard it discussed over and over and over again that certain media outlets were in possession of part and some media outlets claimed that they were in possession of the entire copy of the autopsy report. One media outlet indicated that they were in possession of the autopsy report, the coroner's report and photographs. So the people at that time believed based on the fact that that information was being disseminated, that it was detrimental to the people's case, because the information that was being leaked selectively was portraying the facts in a false light.

So at that point in time the people filed this motion, so to speak, that we are withdrawing our opposition to the sealing of that particular document, which the media has been petitioning to unseal. So that's, basically, our position at this point in time.

UNIDENTIFIED MALE: What has changed besides that leak, though, to make me change my ruling of May 30?

HARRIS: The -- again, without -- trying to discuss this without what was going on in-camera, without talking about that information, the position that both the prosecution and the defense had was that it would be detrimental if that information got out there.

Well, unfortunately, from whatever source this information was leaked, it has gotten out there, so it's not detrimental for the actual contents to be out, because the majority of it has been leaked to the media as it is.

The problem with it is, as we pointed out in our response, under the rules of professional responsibility, the people are invoking their right to respond to it, and we're hampered because we're complying with the rules of court, the court order, and the fact that these are sealed documents. So we can't discuss the inaccuracies, or if it's inaccurate, without violating the court order. So we're asking the court to lift that so that we can protect our rights in this case.

UNIDENTIFIED MALE: Mr. Geragos.

MARK GERAGOS, SCOTT PETERSON'S DEFENSE ATTORNEY: Judge, at the outset, I want to state for the record -- I called up Mr. Despasso (ph) and we've had many discussions every time there have been so- called leaks in this case. I think we've -- and he was -- I think their office's initial position that this item from the coroner's report was leaked by the defense, I called them up and told them that in no uncertain terms did it come from me. I did not, in any way, shape, or form leak anything to Mr. Abrams, who is the person from MSNBC who broke this story. I've talked with Mr. McAllister, who tells me that he did not do it or authorize it. Neither of us did.

I would remind the court, that besides my client, who obviously is the father of this baby, that his parents heard this information being leaked as well and were extremely distraught over it, and we had absolutely nothing to do with it.

The fact of the matter is, as Mr. Harris states correctly that there's been reporters who have been reporting that they actually have all of the reports and the photos, which is amazing to me.

(END VIDEOTAPE) O'BRIEN: All right. That was Mark Geragos, the defense attorney for Scott Peterson. The discussion was whether to release the full autopsy report, portions of it, as you well know were leaked, and got into the public domain, and, at that point the prosecutor's office decided that its decision to try to thwart its release would be null and void. After all, part of it was out there. And so that is where the debate went.

The judge ultimately ruled to keep that autopsy, the points that are still unknown to us, sealed up. Jeffrey Toobin, were you surprised at that decision at all?

TOOBIN: Not really. Even though the prosecutors changed their mind, what judges do when they keep things under seal is, by and large, they keep them there, even if the parties in front of them change their minds about what they want. I think it makes a certain amount of sense for the judge not to be reacting to sort of the endless give-and-take of a highly covered case where some stuff leaks and some stuff doesn't, and you have to change your rulings accordingly.

There is a preliminary hearing in this case scheduled for July where the autopsy report almost certainly will be disclosed there. So you're talking about a matter of weeks until it is disclosed in the normal course of litigation. Better to just let it go that way than start rewriting his orders.

O'BRIEN: I guess the flip side of that would be, if it's going to be released in a few weeks, why not release it now?

TOOBIN: Well, that's true. And that's the argument that was made, but they -- the judges don't like to change their minds, even at the instigation of others. And so he didn't.

Just, Miles, if I can, just looking at this video where I was in the courtroom, I mean, what's so interesting is the sort of personal dynamic there. You saw Laci Peterson's mother leave the courtroom in tears. Scott Peterson's parents are directly in -- were sitting right in front of me in the first row, right opposite the Rochas, Laci Peterson's parents. And it is painful to see these in-laws, these former in-laws who really now have no more contact with each other. They don't speak, they don't interact. There were a large number of relatives from the Laci's side of the family in court today. No interaction at all with Peterson's family.

Early in this case, there had been some gestures made about this wasn't about a fight between the two families. But you can see in court that it is a pretty poisonous relationship between the two sides of the family by now.

O'BRIEN: It's a terrible tragedy, and no matter which way you look at it. Jeffrey Toobin, thank you very much.

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




Autopsy Reports Denied>