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CNN Live Today

Laci Peterson Case

Aired May 05, 2003 - 11:32   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.


LEON HARRIS, CNN ANCHOR: Right now there's another tale that's unfolding in Modesto, California. Scott Peterson is in court right now. And we expect to hear from his new attorney, Mark Geragos, once the hearing is over out there.
But for now let's talk with ours. Our CNN analyst Jeffrey Toobin checks in.

And Jeffrey, tell us, what's going on in this case this morning.?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, the biggest issue I think to be addressed today is whether the applications for the search warrants will be revealed. And what that means is, when police ask for a search warrant, as they search the Peterson home repeatedly over these months, they say, we have the following evidence. We have the following reasons to suspect that more evidence will be found in the location we want to search. That's where the government spells out its case.

And we don't really know what the government has in this case. Basically, the only thing that has been made public is where the body was discovered, very close to where Scott Peterson said he was fishing. But any kind of forensic evidence from the house, we don't know anything about it. That's what should be disclosed in this search warrant application, if it's revealed today.

HARRIS: So when will we find out, if that doesn't happen? If this plea on this warrant doesn't go, is not passed, when will we find out exactly what they knew?

TOOBIN: It could be possibly as late as the trial itself. What Mark Geragos will argue, and perhaps for good reason, is that the publicity that this new information will get will just further inhibit Scott Peterson's chance for a fair trial, more tainting of the jury pool.

On the other hand, the media and others argues these documents are presumptively public. They are usually public documents. The only reason they are held in secret usually is to avoid tipping off the suspect.

Here, the suspect's in custody, so there's no real reason. Those are the kind of issues that the judge will be struggling with today.

HARRIS: All right. What do you think is going to happen here? And what kind of tactic Geragos -- I know he's a pretty unpredictable character. But if you had to try and predict what he's going to here, would you expect to hear, say, two different kinds of cases that he will be making, one inside the courtroom and one outside?

TOOBIN: I think there will be an element of that. Inside the courtroom, I think his chief goal, at least initially, will be to get a change of venue. This case has so dominated life in Modesto, particularly in the news media, that he has got to have a pretty good case for moving this case elsewhere.

Mark Geragos, as many CNN viewers know, is a Los Angeles lawyer, and he will be trying to move it down to Southern California, near his home in Los Angeles. Sure, the Laci Peterson case got a lot of publicity there, but nothing like in the Modesto area. I think that's his top area, his top priority in the courtroom. Outside the courtroom, try to create some scenario, some idea of someone else who may have done this. That's his biggest problem. If Scott Peterson didn't do this, who did it?

HARRIS: Exactly. Last, quickly, can a lawyer have a home court advantage if he goes back to L.A.? Is there something about a courtroom in L.A. there that can be more advantageous to any kind of attorney?

TOOBIN: Well, I think lawyers are human beings, too despite a great deal of evidence to the contrary. They like to sleep in their own beds. And lawyers, like ball players, like to be on their home court.

But also, if you practice a lot in one area, you know the judges, you know the juries, you know what kind of evidence tends to be admitted. Even though the law is the same all over California, judges in jurisdictions have different idiosyncrasies. It does help to be at home. I don't want to overstate it, but lawyers always like to be on their home turf, and that's why Mark Geragos wants this case in Los Angeles.

HARRIS: Yes, we still don't know about the law being the same all over California either.

TOOBIN: That's the theory.

HARRIS: That's the theory, got it. Thanks, Jeff.

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 May 5, 2003 - 11:32   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Right now there's another tale that's unfolding in Modesto, California. Scott Peterson is in court right now. And we expect to hear from his new attorney, Mark Geragos, once the hearing is over out there.
But for now let's talk with ours. Our CNN analyst Jeffrey Toobin checks in.

And Jeffrey, tell us, what's going on in this case this morning.?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, the biggest issue I think to be addressed today is whether the applications for the search warrants will be revealed. And what that means is, when police ask for a search warrant, as they search the Peterson home repeatedly over these months, they say, we have the following evidence. We have the following reasons to suspect that more evidence will be found in the location we want to search. That's where the government spells out its case.

And we don't really know what the government has in this case. Basically, the only thing that has been made public is where the body was discovered, very close to where Scott Peterson said he was fishing. But any kind of forensic evidence from the house, we don't know anything about it. That's what should be disclosed in this search warrant application, if it's revealed today.

HARRIS: So when will we find out, if that doesn't happen? If this plea on this warrant doesn't go, is not passed, when will we find out exactly what they knew?

TOOBIN: It could be possibly as late as the trial itself. What Mark Geragos will argue, and perhaps for good reason, is that the publicity that this new information will get will just further inhibit Scott Peterson's chance for a fair trial, more tainting of the jury pool.

On the other hand, the media and others argues these documents are presumptively public. They are usually public documents. The only reason they are held in secret usually is to avoid tipping off the suspect.

Here, the suspect's in custody, so there's no real reason. Those are the kind of issues that the judge will be struggling with today.

HARRIS: All right. What do you think is going to happen here? And what kind of tactic Geragos -- I know he's a pretty unpredictable character. But if you had to try and predict what he's going to here, would you expect to hear, say, two different kinds of cases that he will be making, one inside the courtroom and one outside?

TOOBIN: I think there will be an element of that. Inside the courtroom, I think his chief goal, at least initially, will be to get a change of venue. This case has so dominated life in Modesto, particularly in the news media, that he has got to have a pretty good case for moving this case elsewhere.

Mark Geragos, as many CNN viewers know, is a Los Angeles lawyer, and he will be trying to move it down to Southern California, near his home in Los Angeles. Sure, the Laci Peterson case got a lot of publicity there, but nothing like in the Modesto area. I think that's his top area, his top priority in the courtroom. Outside the courtroom, try to create some scenario, some idea of someone else who may have done this. That's his biggest problem. If Scott Peterson didn't do this, who did it?

HARRIS: Exactly. Last, quickly, can a lawyer have a home court advantage if he goes back to L.A.? Is there something about a courtroom in L.A. there that can be more advantageous to any kind of attorney?

TOOBIN: Well, I think lawyers are human beings, too despite a great deal of evidence to the contrary. They like to sleep in their own beds. And lawyers, like ball players, like to be on their home court.

But also, if you practice a lot in one area, you know the judges, you know the juries, you know what kind of evidence tends to be admitted. Even though the law is the same all over California, judges in jurisdictions have different idiosyncrasies. It does help to be at home. I don't want to overstate it, but lawyers always like to be on their home turf, and that's why Mark Geragos wants this case in Los Angeles.

HARRIS: Yes, we still don't know about the law being the same all over California either.

TOOBIN: That's the theory.

HARRIS: That's the theory, got it. Thanks, Jeff.

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