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American Morning

The Peterson Case

Aired April 22, 2003 - 08:04   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.


BILL HEMMER, CNN ANCHOR: Under California law, two lives were lost when Laci Peterson was killed. Scott Peterson says he is innocent of killing his wife and her unborn son. Last night, just hours after Scott's court appearance, Laci's family spoke publicly for the first time since her body was identified.
(BEGIN VIDEO CLIP)

SHARON ROCHA, LACI'S MOTHER: We searched and searched and searched and still no Laci. I love my daughter so much. I miss her every minute of every day. My heart aches for her and Connor. Without them, there's a huge void in my life. I literally get sick to my stomach when I allow myself to think about what may have happened to them. No parent should ever have to think about the way their child was murdered.

(END VIDEO CLIP)

HEMMER: It was very griping to watch that last evening. You saw it live here on CNN. The families' emotion shown all over their face and in their words.

What now can we expect in the weeks ahead during the people versus Scott Peterson? A question for our legal analyst Jeffrey Toobin is live here in New York.

Gripping stuff last night. I know you watched it.

JEFFREY TOOBIN, CNN LEGAL ANALYST: We've all seen family news conferences, sadly enough, for these kinds of events. I'd never seen one like that.

HEMMER: Really?

TOOBIN: It was so raw. It was so -- you know there's usually -- there's always sadness, but the anger was just astonishing.

HEMMER: And you could tell these people have been waiting to talk and make the comments they did last night.

TOOBIN: And they were holding back a little.

HEMMER: Yes.

TOOBIN: You could see that the anger was so clearly directed at Scott, even though they never actually uttered his name. HEMMER: Yes. Listen, I know as a prosecutor you specialize. Want to wear a defense attorney hat if you could for a moment here. What do you do for Scott Peterson right now in terms of this relatively small community of Modesto that's been waiting and hanging on this case now for months?

TOOBIN: I think the first priorities are, two, two things you do. The first is you try to delay. They scheduled the preliminary hearing for May, in 30 days, which is the minimum under California law. The first thing a defense attorney does is say, we are not prepared, we're not ready, we have to assimilate all the evidence. You try to get that delayed as long as possible just to let the emotions cool a little bit.

The second thing you do is start working towards a change in venue. Modesto is not a big city. You had an entire community mobilized to try to find this woman, the grief was extraordinary. You try to get this case moved to Los Angeles, to San Diego...

HEMMER: If you can.

TOOBIN: If you can. And I think in California where they do do changes of venue, this case probably will be moved.

HEMMER: Listen to what the D.A. said. He talked with us live here about 35 minutes ago. James Brazelton on the possibility of a death penalty.

(BEGIN VIDEO CLIP)

JAMES BRAZELTON, D.A.: I think just the nature of the crime itself is pretty heavy on the side of proceeding as a death penalty case.

(END VIDEO CLIP)

HEMMER: Pretty clear place.

TOOBIN: Pretty clear signal of which way -- of which way they are going. The question you always ask yourself in a death penalty case is, if not this case, when? I mean, are there any worst cases than this? It's a double homicide, which is specifically considered in the special circumstances under California law. I'd be very surprised if they didn't ask for the death penalty.

HEMMER: Here's one thing we're trying to sort out right now. The reports that came out that indicated possibly through police that the murder occurred inside Scott Peterson's and Laci's home, maybe on the 23rd, possibly the 24th of December. He seemed to back way from that charge earlier today in that interview. Is there an explanation that may lie in there that might help us sort that out?

TOOBIN: It was a little insight into the different ways crimes are investigated. You have the police and you have the prosecutors and everybody's who watched "law and order" they know that they are somewhat different. The document that was released was a police document. He's the prosecutor. They have not gone on record saying where the murder took place.

HEMMER: I see.

TOOBIN: And he didn't want to embrace the police position, a possible avenue for the defense if it comes up if there are contradictory stories there.

HEMMER: Quickly in May, May 6, May 19, Scott Peterson allegedly will be back in court on or around these periods. As an attorney, what do you look for in terms of evidence coming out?

TOOBIN: I think very little. I think the first thing the defense is going to do is they're going to say there's an incredible volume of evidence here, we want to delay, let's not do anything yet. I mean, it means he's going to stay in jail, he's not going anywhere, but I don't think any real substantive developments are going to take place in this case in May.

HEMMER: The D.A.'s indicating this trial may not come for years. Do you see that likely?

TOOBIN: I think a year is likely. I mean remember the Robert...

HEMMER: Minimum one year.

TOOBIN: Minimum one year.

HEMMER: Yes.

TOOBIN: The Robert Blake case, I mean there hasn't been a trial there. It's been -- it's been well over a year.

HEMMER: Thank you, Jeff. We'll talk again many times about this case in the near future.

TOOBIN: All right.

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 April 22, 2003 - 08:04   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Under California law, two lives were lost when Laci Peterson was killed. Scott Peterson says he is innocent of killing his wife and her unborn son. Last night, just hours after Scott's court appearance, Laci's family spoke publicly for the first time since her body was identified.
(BEGIN VIDEO CLIP)

SHARON ROCHA, LACI'S MOTHER: We searched and searched and searched and still no Laci. I love my daughter so much. I miss her every minute of every day. My heart aches for her and Connor. Without them, there's a huge void in my life. I literally get sick to my stomach when I allow myself to think about what may have happened to them. No parent should ever have to think about the way their child was murdered.

(END VIDEO CLIP)

HEMMER: It was very griping to watch that last evening. You saw it live here on CNN. The families' emotion shown all over their face and in their words.

What now can we expect in the weeks ahead during the people versus Scott Peterson? A question for our legal analyst Jeffrey Toobin is live here in New York.

Gripping stuff last night. I know you watched it.

JEFFREY TOOBIN, CNN LEGAL ANALYST: We've all seen family news conferences, sadly enough, for these kinds of events. I'd never seen one like that.

HEMMER: Really?

TOOBIN: It was so raw. It was so -- you know there's usually -- there's always sadness, but the anger was just astonishing.

HEMMER: And you could tell these people have been waiting to talk and make the comments they did last night.

TOOBIN: And they were holding back a little.

HEMMER: Yes.

TOOBIN: You could see that the anger was so clearly directed at Scott, even though they never actually uttered his name. HEMMER: Yes. Listen, I know as a prosecutor you specialize. Want to wear a defense attorney hat if you could for a moment here. What do you do for Scott Peterson right now in terms of this relatively small community of Modesto that's been waiting and hanging on this case now for months?

TOOBIN: I think the first priorities are, two, two things you do. The first is you try to delay. They scheduled the preliminary hearing for May, in 30 days, which is the minimum under California law. The first thing a defense attorney does is say, we are not prepared, we're not ready, we have to assimilate all the evidence. You try to get that delayed as long as possible just to let the emotions cool a little bit.

The second thing you do is start working towards a change in venue. Modesto is not a big city. You had an entire community mobilized to try to find this woman, the grief was extraordinary. You try to get this case moved to Los Angeles, to San Diego...

HEMMER: If you can.

TOOBIN: If you can. And I think in California where they do do changes of venue, this case probably will be moved.

HEMMER: Listen to what the D.A. said. He talked with us live here about 35 minutes ago. James Brazelton on the possibility of a death penalty.

(BEGIN VIDEO CLIP)

JAMES BRAZELTON, D.A.: I think just the nature of the crime itself is pretty heavy on the side of proceeding as a death penalty case.

(END VIDEO CLIP)

HEMMER: Pretty clear place.

TOOBIN: Pretty clear signal of which way -- of which way they are going. The question you always ask yourself in a death penalty case is, if not this case, when? I mean, are there any worst cases than this? It's a double homicide, which is specifically considered in the special circumstances under California law. I'd be very surprised if they didn't ask for the death penalty.

HEMMER: Here's one thing we're trying to sort out right now. The reports that came out that indicated possibly through police that the murder occurred inside Scott Peterson's and Laci's home, maybe on the 23rd, possibly the 24th of December. He seemed to back way from that charge earlier today in that interview. Is there an explanation that may lie in there that might help us sort that out?

TOOBIN: It was a little insight into the different ways crimes are investigated. You have the police and you have the prosecutors and everybody's who watched "law and order" they know that they are somewhat different. The document that was released was a police document. He's the prosecutor. They have not gone on record saying where the murder took place.

HEMMER: I see.

TOOBIN: And he didn't want to embrace the police position, a possible avenue for the defense if it comes up if there are contradictory stories there.

HEMMER: Quickly in May, May 6, May 19, Scott Peterson allegedly will be back in court on or around these periods. As an attorney, what do you look for in terms of evidence coming out?

TOOBIN: I think very little. I think the first thing the defense is going to do is they're going to say there's an incredible volume of evidence here, we want to delay, let's not do anything yet. I mean, it means he's going to stay in jail, he's not going anywhere, but I don't think any real substantive developments are going to take place in this case in May.

HEMMER: The D.A.'s indicating this trial may not come for years. Do you see that likely?

TOOBIN: I think a year is likely. I mean remember the Robert...

HEMMER: Minimum one year.

TOOBIN: Minimum one year.

HEMMER: Yes.

TOOBIN: The Robert Blake case, I mean there hasn't been a trial there. It's been -- it's been well over a year.

HEMMER: Thank you, Jeff. We'll talk again many times about this case in the near future.

TOOBIN: All right.

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