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Mark Geragos Speaks on Peterson Case
Aired November 18, 2003 - 14:52 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.
HEIDI COLLINS, CNN ANCHOR: As promised we take you back to Modesto, California. You see here Scott Peterson's defense attorney, Mark Geragos. Let's listen in.
(JOINED IN PROGRESS)
MARK GERAGOS, PETERSON'S ATTORNEY: There's also -- the shorthand was that we were using in the courtroom was 995, which I told some of you yesterday was the motion to dismiss. That will be filed probably shortly after December 3. And then all of the other motions fall into place sometime shortly after that.
QUESTION: (OFF-MIKE)
GERAGOS: I don't think that I can answer that without violating the protective order. So it's tough.
QUESTION: (OFF-MIKE)
GERAGOS: Well, generically speaking? Generically speaking, there's a problem with doing that in a case that has coverage or is roughly in the same media market.
So that would -- if you were talking moving it or moving the case, one of the factors that's in a change of venue motion is, what is the media market for newspapers, what's the media market for TV and for radio? And they do surveys. And so most people would wait, want to hear from the experts.
Generally what happens in a motion for change of venue is both sides will file. Sometimes the prosecution will concede. In the dog mauling case, the prosecution conceded the change of venue. Sometimes they will fight it, sometimes propose other solutions.
Ultimately it's up to the judicial counsel after the judge makes his decision to make the assignment.
QUESTION: When do you think this will go to trial? I mean do expect him to waste time or...
GERAGOS: I don't have any idea. I mean there's significant issues that have to be litigated before then. There are the -- and so I can't make that prediction.
QUESTION: (OFF-MIKE) foregone conclusion that he would be bound over for trial. GERAGOS: One thing I can say is I did say in court the standard unfortunately in California, and I said it jokingly, is, is the defendant breathing?
And that's really what -- post-proposition 115, when they allowed in, and the voters of this state allowed in an officer to just get up and do hearsay testimony, they really have minimized what a preliminary hearing is. It's not what it used to be.
QUESTION: Is it better to not to call witness necessary terms of something like that? Is it just that easy? (OFF-MIKE)
GERAGOS: Generically speaking, most defense lawyers -- it's a rare defense lawyer or a rare case where you're going to call witnesses.
Generally, the time you would do it is if you had some kind of an affirmative defense that could negate all of the elements on its face. Usually what's called a pure legal defense.
COLLINS: We have been listening in to Mark Geragos, Scott Peterson's defense attorney talking a little bit about the decision by the defense not to call on any witnesses today. Obviously, the most important decision out of that today, the judge deciding to bind over Scott Peterson for trial on murder charges.
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 November 18, 2003 - 14:52 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: As promised we take you back to Modesto, California. You see here Scott Peterson's defense attorney, Mark Geragos. Let's listen in.
(JOINED IN PROGRESS)
MARK GERAGOS, PETERSON'S ATTORNEY: There's also -- the shorthand was that we were using in the courtroom was 995, which I told some of you yesterday was the motion to dismiss. That will be filed probably shortly after December 3. And then all of the other motions fall into place sometime shortly after that.
QUESTION: (OFF-MIKE)
GERAGOS: I don't think that I can answer that without violating the protective order. So it's tough.
QUESTION: (OFF-MIKE)
GERAGOS: Well, generically speaking? Generically speaking, there's a problem with doing that in a case that has coverage or is roughly in the same media market.
So that would -- if you were talking moving it or moving the case, one of the factors that's in a change of venue motion is, what is the media market for newspapers, what's the media market for TV and for radio? And they do surveys. And so most people would wait, want to hear from the experts.
Generally what happens in a motion for change of venue is both sides will file. Sometimes the prosecution will concede. In the dog mauling case, the prosecution conceded the change of venue. Sometimes they will fight it, sometimes propose other solutions.
Ultimately it's up to the judicial counsel after the judge makes his decision to make the assignment.
QUESTION: When do you think this will go to trial? I mean do expect him to waste time or...
GERAGOS: I don't have any idea. I mean there's significant issues that have to be litigated before then. There are the -- and so I can't make that prediction.
QUESTION: (OFF-MIKE) foregone conclusion that he would be bound over for trial. GERAGOS: One thing I can say is I did say in court the standard unfortunately in California, and I said it jokingly, is, is the defendant breathing?
And that's really what -- post-proposition 115, when they allowed in, and the voters of this state allowed in an officer to just get up and do hearsay testimony, they really have minimized what a preliminary hearing is. It's not what it used to be.
QUESTION: Is it better to not to call witness necessary terms of something like that? Is it just that easy? (OFF-MIKE)
GERAGOS: Generically speaking, most defense lawyers -- it's a rare defense lawyer or a rare case where you're going to call witnesses.
Generally, the time you would do it is if you had some kind of an affirmative defense that could negate all of the elements on its face. Usually what's called a pure legal defense.
COLLINS: We have been listening in to Mark Geragos, Scott Peterson's defense attorney talking a little bit about the decision by the defense not to call on any witnesses today. Obviously, the most important decision out of that today, the judge deciding to bind over Scott Peterson for trial on murder charges.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
