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American Morning

Scott Peterson Case

Aired October 29, 2003 - 08:42   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.


SOLEDAD O'BRIEN, CNN ANCHOR: Another high-profile court case that we are following. The prosecution, does it have what it takes to put Scott Peterson on trial for murder? That is the question today. His preliminary hearing begins today in Modesto, California, and for the first time, the state will lay out the evidence that it plans to use to prove that Scott Peterson is guilty of murder in the deaths of his wife and unborn son.
Joining us this morning to talk about this pivotal hearing from Miami is criminal defense attorney Jayne Weintraub.

Nice to see you, Jayne. Thanks for joining us.

Give me a sense of what you expect to happen at the preliminary hearing.

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Well, I expect from the prosecutor's standpoint that they will put Amber Frey on the witness stand to set the stage for the motive behind this murder, as they see it. I think that she will also testify and set the stage for things that are not on tape recordings, such as Scott Peterson supposedly said to her, "My wife died."

Remember, Soledad, he doesn't say I'm single, I'm divorced. He says his wife died. That's a very pivotal point for the prosecutor, coupled with the fact, I think, that we'll hear the tape recordings that we've seen bits and pieces of in the past few months. For example, we've seen excerpts that Scott Peterson supposedly said to Amber Frey, I don't know -- I didn't kill her, but I think I know who did, or I know who killed her and I'll tell you when I see you. There are bits and pieces and rumors about that that we'll hear about.

I think that we will also see some link, physical evidence of a hair in a pliers, that was found in the boat. Whether or not that has anything to do with how she died, I doubt it. And I think that they will build their case to start with the tape recordings, one after the other, hours after hours.

O'BRIEN: So you're thinking, Jane, that in this preliminary hearing we're going to see a lot of evidence, because theoretically, the prosecution just has to say that this case should go to trial. You think we're going to see a lot, a big show of hands?

WEINTRAUB: Well, I think that you will see a lot. And you make a very good point. They only have to show probable cause -- probably he committed this crime. But remember, the defense is going to be sitting there every step of the way, poking holes in Amber Frey, trying to discredit the prosecutor's theory. They have no cause of death. They have to show a cause of death for a murder case. The state is seeking the death penalty. It's not like a bullet in the head and that's how she died, premeditated murder. We don't know how she died. For all we know, it could have been an accident. There's nothing to refute that. And so that will be the biggest hurdle the prosecutor has.

O'BRIEN: And you think that then will be the defense's strategy, to go into this and basically say, look, these are all the things that we're not hearing from the prosecution?

WEINTRAUB: Well, I think that their strategy will be to start building the blocks for the trial. I believe that he will be bound over for trial and held to answer to this case in a trial, which remember, that's all that's here for. We're not here for guilty or not guilty. We're here to determine whether or not there's probable cause that Scott Peterson committed this that he did. I'm sure the judge will find that he did, although I think the defense will start building its case.

O'BRIEN: So you don't think there's any chance whatsoever so the defense -- actually really both sides are using this as a PR opportunity to get the best information out there. Then aren't they to some degree tainting the jury pool?

WEINTRAUB: I don't think that there's any potential to taint that jury pool. Wherever the case will eventually be heard more than it already has. Remember, there won't be cameras in the courtroom today. And I think that's a big plus.

O'BRIEN: Jayne Weintraub, criminal defense attorney. Thanks for joining us. Nice to see you, as always.

Thank you, Soledad.

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 - 08:42   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Another high-profile court case that we are following. The prosecution, does it have what it takes to put Scott Peterson on trial for murder? That is the question today. His preliminary hearing begins today in Modesto, California, and for the first time, the state will lay out the evidence that it plans to use to prove that Scott Peterson is guilty of murder in the deaths of his wife and unborn son.
Joining us this morning to talk about this pivotal hearing from Miami is criminal defense attorney Jayne Weintraub.

Nice to see you, Jayne. Thanks for joining us.

Give me a sense of what you expect to happen at the preliminary hearing.

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Well, I expect from the prosecutor's standpoint that they will put Amber Frey on the witness stand to set the stage for the motive behind this murder, as they see it. I think that she will also testify and set the stage for things that are not on tape recordings, such as Scott Peterson supposedly said to her, "My wife died."

Remember, Soledad, he doesn't say I'm single, I'm divorced. He says his wife died. That's a very pivotal point for the prosecutor, coupled with the fact, I think, that we'll hear the tape recordings that we've seen bits and pieces of in the past few months. For example, we've seen excerpts that Scott Peterson supposedly said to Amber Frey, I don't know -- I didn't kill her, but I think I know who did, or I know who killed her and I'll tell you when I see you. There are bits and pieces and rumors about that that we'll hear about.

I think that we will also see some link, physical evidence of a hair in a pliers, that was found in the boat. Whether or not that has anything to do with how she died, I doubt it. And I think that they will build their case to start with the tape recordings, one after the other, hours after hours.

O'BRIEN: So you're thinking, Jane, that in this preliminary hearing we're going to see a lot of evidence, because theoretically, the prosecution just has to say that this case should go to trial. You think we're going to see a lot, a big show of hands?

WEINTRAUB: Well, I think that you will see a lot. And you make a very good point. They only have to show probable cause -- probably he committed this crime. But remember, the defense is going to be sitting there every step of the way, poking holes in Amber Frey, trying to discredit the prosecutor's theory. They have no cause of death. They have to show a cause of death for a murder case. The state is seeking the death penalty. It's not like a bullet in the head and that's how she died, premeditated murder. We don't know how she died. For all we know, it could have been an accident. There's nothing to refute that. And so that will be the biggest hurdle the prosecutor has.

O'BRIEN: And you think that then will be the defense's strategy, to go into this and basically say, look, these are all the things that we're not hearing from the prosecution?

WEINTRAUB: Well, I think that their strategy will be to start building the blocks for the trial. I believe that he will be bound over for trial and held to answer to this case in a trial, which remember, that's all that's here for. We're not here for guilty or not guilty. We're here to determine whether or not there's probable cause that Scott Peterson committed this that he did. I'm sure the judge will find that he did, although I think the defense will start building its case.

O'BRIEN: So you don't think there's any chance whatsoever so the defense -- actually really both sides are using this as a PR opportunity to get the best information out there. Then aren't they to some degree tainting the jury pool?

WEINTRAUB: I don't think that there's any potential to taint that jury pool. Wherever the case will eventually be heard more than it already has. Remember, there won't be cameras in the courtroom today. And I think that's a big plus.

O'BRIEN: Jayne Weintraub, criminal defense attorney. Thanks for joining us. Nice to see you, as always.

Thank you, Soledad.

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