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Peterson Murder Case

Aired October 29, 2003 - 10:20   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 LIN, CNN ANCHOR: It has been six months since Laci Peterson's body and that of her unborn son washed up in the San Francisco Bay. Today prosecutors will try to prove that her husband Scott Peterson is responsible for their deaths and should stand trial. The preliminary hearing is expected to reveal the most details yet in the case that has captivated the nation.
Former federal prosecutor Adam Rosman joins us now from Washington to talk more about the prosecution's case and Peterson's defense.

Good morning, Adam.

ADAM ROSMAN, FMR. FEDERAL PROSECUTOR: Good morning.

LIN: Let's talk about the evidence the defense was actually trying to keep out of the trial. For example, the hair allegedly found, or DNA samples allegedly found in Scott Peterson's pliers. Do you think they'll be successful in that?

ROSMAN: They won't be successful at that at this stage. Perhaps when we go down the road, assuming the case is bound for trial, they might be successful at that point, but certainly not at the preliminary hearing. That will come into evidence.

LIN: Because what we understand is the defense's strategy may be to go after the investigators and the investigation itself. So if they can't get DNA samples, what is it that they might be able to get excluded if they can prove their case that the investigation was faulty or violated Scott Peterson's rights?

ROSMAN: Well, they're going to try and they'll try and vigorously attack every part of the government's presentation today and in the days following. That will include criticism of investigative techniques used by the deputies involved, and it will involve attacking the scientific basis for any evidence that the government attempts to bring in.

But at a preliminary hearing stage, it's very, very doubtful they'll be able to exclude any of that evidence.

LIN: For example, the bloodhounds picking up Laci Peterson's scent or in Scott Peterson's boat, or in his storage warehouse.

ROSMAN: Right, again, the standard is low. This is not -- the government doesn't have to prove this case beyond a reasonable doubt. It's just a probable cause determination, and the judge at this point is going to allow more evidence in than he might at trial.

LIN: At the same time, defense attorney Mark Geragos has said that not only will he prove Scott Peterson's innocence, but that he will actually help find the real killers. Sounds familiar to me, that argument.

ROSMAN: Yes, I mean, it's not his job to find the real killers; that's up to the police and other agents working on the case. I mean, what he's really going to focus is trying to lock in testimony from the government witnesses and trying to poke any type of hold you can in the scientific evidence, the physical evidence that the government puts out.

LIN: Would that include an argument that Laci Peterson may have been killed by a satanic cult?

ROSMAN: Well, we've heard that theory before and it sounds pretty out there, and I would imagine that if that is even floated in the courtroom, the judge is going to restrict that type of testimony right away, even that type of question. He might raise other types of theories, like, for example, the idea that perhaps the fetus was born after the murder, after the date that Laci disappeared. That is potentially very helpful to the defense, and he might, through his question or other evidence, try and bring that theory up in the preliminary.

LIN: All right, we'll see what the prosecutors have to come up with today as well at today's preliminary hearing. Thank you very much, Adam Rosman.

ROSMAN: Good to be here.

LIN: Former federal prosecutor.

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 - 10:20   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: It has been six months since Laci Peterson's body and that of her unborn son washed up in the San Francisco Bay. Today prosecutors will try to prove that her husband Scott Peterson is responsible for their deaths and should stand trial. The preliminary hearing is expected to reveal the most details yet in the case that has captivated the nation.
Former federal prosecutor Adam Rosman joins us now from Washington to talk more about the prosecution's case and Peterson's defense.

Good morning, Adam.

ADAM ROSMAN, FMR. FEDERAL PROSECUTOR: Good morning.

LIN: Let's talk about the evidence the defense was actually trying to keep out of the trial. For example, the hair allegedly found, or DNA samples allegedly found in Scott Peterson's pliers. Do you think they'll be successful in that?

ROSMAN: They won't be successful at that at this stage. Perhaps when we go down the road, assuming the case is bound for trial, they might be successful at that point, but certainly not at the preliminary hearing. That will come into evidence.

LIN: Because what we understand is the defense's strategy may be to go after the investigators and the investigation itself. So if they can't get DNA samples, what is it that they might be able to get excluded if they can prove their case that the investigation was faulty or violated Scott Peterson's rights?

ROSMAN: Well, they're going to try and they'll try and vigorously attack every part of the government's presentation today and in the days following. That will include criticism of investigative techniques used by the deputies involved, and it will involve attacking the scientific basis for any evidence that the government attempts to bring in.

But at a preliminary hearing stage, it's very, very doubtful they'll be able to exclude any of that evidence.

LIN: For example, the bloodhounds picking up Laci Peterson's scent or in Scott Peterson's boat, or in his storage warehouse.

ROSMAN: Right, again, the standard is low. This is not -- the government doesn't have to prove this case beyond a reasonable doubt. It's just a probable cause determination, and the judge at this point is going to allow more evidence in than he might at trial.

LIN: At the same time, defense attorney Mark Geragos has said that not only will he prove Scott Peterson's innocence, but that he will actually help find the real killers. Sounds familiar to me, that argument.

ROSMAN: Yes, I mean, it's not his job to find the real killers; that's up to the police and other agents working on the case. I mean, what he's really going to focus is trying to lock in testimony from the government witnesses and trying to poke any type of hold you can in the scientific evidence, the physical evidence that the government puts out.

LIN: Would that include an argument that Laci Peterson may have been killed by a satanic cult?

ROSMAN: Well, we've heard that theory before and it sounds pretty out there, and I would imagine that if that is even floated in the courtroom, the judge is going to restrict that type of testimony right away, even that type of question. He might raise other types of theories, like, for example, the idea that perhaps the fetus was born after the murder, after the date that Laci disappeared. That is potentially very helpful to the defense, and he might, through his question or other evidence, try and bring that theory up in the preliminary.

LIN: All right, we'll see what the prosecutors have to come up with today as well at today's preliminary hearing. Thank you very much, Adam Rosman.

ROSMAN: Good to be here.

LIN: Former federal prosecutor.

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