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American Morning

Testimony Set to Resume in Case Against Scott Peterson

Aired November 03, 2003 - 07:35   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: Northern California now, testimony is set to resume in the case against Scott Peterson, accused of killing his wife Laci and their unborn child.
CNN legal analyst Jeffrey Toobin now live from Modesto to talk about this case, picking up from Friday of last week and continuing now today.

What's been the most damaging so far for the prosecution right now in this case?... Jeff, have you been able to nail that yet?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, I -- there have been a lot of suggestive evidence. There has certainly been nothing like a smoking gun of guilt. But certainly the most time consuming evidence has been this single strand of hair that was found in the boat that Scott Peterson owned and apparently took fishing on Christmas Eve, the day that his wife disappeared. This strand of hair was identified by a technology called mitochondrial DNA as Laci Peterson's hair. So -- and it was found on a pliers in the boat.

So the prosecution's implication is that Laci Peterson was somehow in the boat, taken in the boat, either hit with the pliers or tied up with the pliers and thus dumped in San Francisco Bay, where she was found some months later.

There was a lot of testimony that mitochondrial DNA, prosecution testimony, is a valuable technology, though not as valuable as nuclear DNA. The odds in mitochondrial DNA are something like 400 to one, 500 to one that it could be someone else, not in the millions.

Today, we'll hear from a defense expert who will try to discredit the mitochondrial DNA testimony.

HEMMER: You know, oftentimes, Jeffrey, at this phase in the trial you try and see how much the prosecution has, how many cards it's holding. Has it shown much of its hand? Are you able to read that?

TOOBIN: Well, you know, Bill, I have to say, I have not been overwhelmed at all by the evidence that the prosecution has put on. A very emotional day on Friday because you had testimony from Laci's mother, Sharon Rocha, and Scott Peterson's father, Lee Peterson, who was forced to testify against his son. And, you know, the evidence that they provided was suggestive, but hardly, you know, proof, proof of guilt.

They both testified that neither had any idea that Scott had purchased this boat, so that there was some suggestion that Scott had purchased the boat secretly. Also, there was testimony that Scott, on the day before Laci disappeared, had promised to pick up something for Laci's grandfather, a Christmas gift, which he never did. Also testimony that there were two wet mops found at the house on the day that Laci was -- Laci disappeared, suggesting maybe that Scott had cleaned up some sort of mess at the house on the day she disappeared.

All of that is suggestive of guilt, but it, but, boy, it doesn't seem to me enough to get a conviction. But, in fairness, you know, this preliminary hearing, not to mention the trial, has a long way to go.

HEMMER: That it does.

Jeff, thanks for getting up for us early this morning.

We'll talk to you a bit later this morning, OK?

TOOBIN: OK.

HEMMER: Jeffrey Toobin in Modesto.

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 November 3, 2003 - 07:35   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Northern California now, testimony is set to resume in the case against Scott Peterson, accused of killing his wife Laci and their unborn child.
CNN legal analyst Jeffrey Toobin now live from Modesto to talk about this case, picking up from Friday of last week and continuing now today.

What's been the most damaging so far for the prosecution right now in this case?... Jeff, have you been able to nail that yet?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, I -- there have been a lot of suggestive evidence. There has certainly been nothing like a smoking gun of guilt. But certainly the most time consuming evidence has been this single strand of hair that was found in the boat that Scott Peterson owned and apparently took fishing on Christmas Eve, the day that his wife disappeared. This strand of hair was identified by a technology called mitochondrial DNA as Laci Peterson's hair. So -- and it was found on a pliers in the boat.

So the prosecution's implication is that Laci Peterson was somehow in the boat, taken in the boat, either hit with the pliers or tied up with the pliers and thus dumped in San Francisco Bay, where she was found some months later.

There was a lot of testimony that mitochondrial DNA, prosecution testimony, is a valuable technology, though not as valuable as nuclear DNA. The odds in mitochondrial DNA are something like 400 to one, 500 to one that it could be someone else, not in the millions.

Today, we'll hear from a defense expert who will try to discredit the mitochondrial DNA testimony.

HEMMER: You know, oftentimes, Jeffrey, at this phase in the trial you try and see how much the prosecution has, how many cards it's holding. Has it shown much of its hand? Are you able to read that?

TOOBIN: Well, you know, Bill, I have to say, I have not been overwhelmed at all by the evidence that the prosecution has put on. A very emotional day on Friday because you had testimony from Laci's mother, Sharon Rocha, and Scott Peterson's father, Lee Peterson, who was forced to testify against his son. And, you know, the evidence that they provided was suggestive, but hardly, you know, proof, proof of guilt.

They both testified that neither had any idea that Scott had purchased this boat, so that there was some suggestion that Scott had purchased the boat secretly. Also, there was testimony that Scott, on the day before Laci disappeared, had promised to pick up something for Laci's grandfather, a Christmas gift, which he never did. Also testimony that there were two wet mops found at the house on the day that Laci was -- Laci disappeared, suggesting maybe that Scott had cleaned up some sort of mess at the house on the day she disappeared.

All of that is suggestive of guilt, but it, but, boy, it doesn't seem to me enough to get a conviction. But, in fairness, you know, this preliminary hearing, not to mention the trial, has a long way to go.

HEMMER: That it does.

Jeff, thanks for getting up for us early this morning.

We'll talk to you a bit later this morning, OK?

TOOBIN: OK.

HEMMER: Jeffrey Toobin in Modesto.

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