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American Morning

Analysis of Legal Maneuverings in Peterson Case

Aired May 06, 2003 - 07:45   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: Scott Peterson's new lead defense attorney, Mark Geragos, promises to clear his client's name and find Laci Peterson's real killer. During a hearing yesterday in Modesto, California, the judge rejected a defense motion to remove himself from Peterson's double murder trial.
Geragos, meanwhile, says he's determined to see that justice is done.

(BEGIN VIDEO CLIP)

MARK GERAGOS, SCOTT PETERSON'S ATTORNEY: We've set the bar extremely high, and that's to prove that Scott is not only factually innocent, but to figure out exactly who it is that did this horrible thing to Scott's wife and to Scott's son, and to their grandson.

(END VIDEO CLIP)

COLLINS: A closer look now at the latest maneuvering by Peterson's defense team with our legal analyst, Jeffrey Toobin.

Good morning -- Jeffrey.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Howdy.

COLLINS: Thanks for being here.

So, why does Geragos want this judge off the case?

TOOBIN: Well, basically the core issue here -- there's a lot of legal rigmarole going on. But the real issue is, he wants to keep the applications for the search warrants secret. He doesn't want those publicly released. And there are two judges handling that issue, and he wants one of them off the case.

But the important thing to know is he wants to keep these secret, because these contain details of evidence about what's been found and what the police expected to find in the Peterson household, evidence that's never become public before. He wants to keep the public in the dark about that to preserve his client's fair trial rights.

COLLINS: If that were the case, if they were to remain sealed -- because actually we know that the judge decided to keep this information sealed. So...

TOOBIN: For the time being.

COLLINS: Right. So, now who benefits from that? Is it the prosecution or the defense?

TOOBIN: I think the defense clearly benefits, because this is incriminating information. The whole purpose of a search warrant application is to say, we know there's damaging stuff in there, and this is why. So, it's incriminating by its very nature. So, the defense did win a victory by keeping it secret, at least for the time being.

COLLINS: Now, the one judge that Geragos wants off the trial is because he was involved in the civil case. Is that right?

TOOBIN: Right. See, there's a...

COLLINS: And why does that mater?

TOOBIN: There's a newspaper -- the local newspaper filed an application saying we want to see it. That's being dealt with in one in court, the civil case. The criminal case is being tried by another judge, and the interaction between the two is what's his issue here.

But, I mean, that's not terribly important. What's important is that the document remains secret.

COLLINS: What do you think is in those documents?

TOOBIN: Well, I think what it says is -- you know, one of the things that is sort of remarkable about this case, for all of the public attention that it's received, not much of the evidence has been made public. We know that Laci Peterson's body was discovered very close to where Scott Peterson says he was on the day they disappeared, very far from their home. But any sort of evidence about -- you know, there have been rumors about concrete, about chains, just rumors. No one knows any factual evidence. That's what will be disclosed in those search warrant applications.

COLLINS: And the burning question: What do you think Geragos' strategy will be? Will there be a change of venue? Will he try for that right off the bat?

TOOBIN: I think change of venue is a certainty. In fact, he's told our colleague, Rusty Dornin, that there will be a change of venue. And frankly, I think this is about the best case I've ever seen for a change of venue. Modesto is a relatively small community, and the publicity has been so intense. Geragos lives in Los Angeles. He wants the case to be brought there to that vicinity.

But as for -- as he said in the sound byte we played -- you know, finding the real killer, well, I think he'd be happy with an acquittal. I don't think he's worried too much about finding the real killer.

COLLINS: And that, we will have to wait to find out more about.

TOOBIN: Probably wait a good deal.

COLLINS: A long time before this goes to trial, yes. TOOBIN: A long time. This is not going to move very quickly. A year at least.

COLLINS: Really.

TOOBIN: Oh, absolutely.

COLLINS: All right, well, we will certainly be keeping our eye on it. Thanks so much, Jeffrey Toobin, our CNN legal analyst.

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 6, 2003 - 07:45   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Scott Peterson's new lead defense attorney, Mark Geragos, promises to clear his client's name and find Laci Peterson's real killer. During a hearing yesterday in Modesto, California, the judge rejected a defense motion to remove himself from Peterson's double murder trial.
Geragos, meanwhile, says he's determined to see that justice is done.

(BEGIN VIDEO CLIP)

MARK GERAGOS, SCOTT PETERSON'S ATTORNEY: We've set the bar extremely high, and that's to prove that Scott is not only factually innocent, but to figure out exactly who it is that did this horrible thing to Scott's wife and to Scott's son, and to their grandson.

(END VIDEO CLIP)

COLLINS: A closer look now at the latest maneuvering by Peterson's defense team with our legal analyst, Jeffrey Toobin.

Good morning -- Jeffrey.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Howdy.

COLLINS: Thanks for being here.

So, why does Geragos want this judge off the case?

TOOBIN: Well, basically the core issue here -- there's a lot of legal rigmarole going on. But the real issue is, he wants to keep the applications for the search warrants secret. He doesn't want those publicly released. And there are two judges handling that issue, and he wants one of them off the case.

But the important thing to know is he wants to keep these secret, because these contain details of evidence about what's been found and what the police expected to find in the Peterson household, evidence that's never become public before. He wants to keep the public in the dark about that to preserve his client's fair trial rights.

COLLINS: If that were the case, if they were to remain sealed -- because actually we know that the judge decided to keep this information sealed. So...

TOOBIN: For the time being.

COLLINS: Right. So, now who benefits from that? Is it the prosecution or the defense?

TOOBIN: I think the defense clearly benefits, because this is incriminating information. The whole purpose of a search warrant application is to say, we know there's damaging stuff in there, and this is why. So, it's incriminating by its very nature. So, the defense did win a victory by keeping it secret, at least for the time being.

COLLINS: Now, the one judge that Geragos wants off the trial is because he was involved in the civil case. Is that right?

TOOBIN: Right. See, there's a...

COLLINS: And why does that mater?

TOOBIN: There's a newspaper -- the local newspaper filed an application saying we want to see it. That's being dealt with in one in court, the civil case. The criminal case is being tried by another judge, and the interaction between the two is what's his issue here.

But, I mean, that's not terribly important. What's important is that the document remains secret.

COLLINS: What do you think is in those documents?

TOOBIN: Well, I think what it says is -- you know, one of the things that is sort of remarkable about this case, for all of the public attention that it's received, not much of the evidence has been made public. We know that Laci Peterson's body was discovered very close to where Scott Peterson says he was on the day they disappeared, very far from their home. But any sort of evidence about -- you know, there have been rumors about concrete, about chains, just rumors. No one knows any factual evidence. That's what will be disclosed in those search warrant applications.

COLLINS: And the burning question: What do you think Geragos' strategy will be? Will there be a change of venue? Will he try for that right off the bat?

TOOBIN: I think change of venue is a certainty. In fact, he's told our colleague, Rusty Dornin, that there will be a change of venue. And frankly, I think this is about the best case I've ever seen for a change of venue. Modesto is a relatively small community, and the publicity has been so intense. Geragos lives in Los Angeles. He wants the case to be brought there to that vicinity.

But as for -- as he said in the sound byte we played -- you know, finding the real killer, well, I think he'd be happy with an acquittal. I don't think he's worried too much about finding the real killer.

COLLINS: And that, we will have to wait to find out more about.

TOOBIN: Probably wait a good deal.

COLLINS: A long time before this goes to trial, yes. TOOBIN: A long time. This is not going to move very quickly. A year at least.

COLLINS: Really.

TOOBIN: Oh, absolutely.

COLLINS: All right, well, we will certainly be keeping our eye on it. Thanks so much, Jeffrey Toobin, our CNN legal analyst.

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