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American Morning

The Waiting Game is Over in Modesto

Aired November 14, 2003 - 08:16   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: The waiting game is over in Modesto after weeks of speculation about whether Scott Peterson's ex-mistress would testify at his preliminary hearing. A decision was finally announced.
CNN's Rusty Dornin is in Modesto and has this report.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): It's been the burning question during Scott Peterson's entire preliminary hearing -- would Amber Frey, his former girlfriend, take the stand? Her attorney says prosecutors have decided against it.

GLORIA ALLRED, FREY'S ATTORNEY: I think that if she had been called to testify at this preliminary hearing, that the defense might have chosen to re-victimize her.

DORNIN: Was Scott Peterson the grieving husband after his wife disappeared or worried that police would discover her body? Police say they followed him to the Berkeley Marina three times in early January, twice in a rental car. Each time, they say, Peterson gazed out over the Bay for a few minutes. The bodies of his wife and unborn son washed ashore about two miles from that marina three months later.

But defense attorney Mark Geragos pointed out that on each of the days that Peterson drove to the marina, the Modesto paper had run articles detailing searches that were under way in the Bay. And, again, there were questions about what Scott Peterson told people he was doing the day his wife disappeared. Amy Krigbaum, a neighbor, testified Scott Peterson came to her door on the evening of December 24 and told her he'd been golfing all day. Investigators have already testified that a few hours later that same night, Peterson told them he was fishing.

And the hair on those pliers? Some questions about the Modesto investigators' handling of that hair. It was one piece when first retrieved, then later it became two. The defense charges the evidence was contaminated. Prosecutors say the hair broke in half. Both sides will argue whether the hair and a subsequent DNA analysis can be admitted as evidence Friday afternoon. The judge is expected to make a ruling some time next week.

(END VIDEOTAPE)

DORNIN: Now this preliminary hearing, of course, has been ongoing for almost three weeks now. The prosecution is the one that's really been presenting all the witnesses and we haven't really heard any testimony or any evidence that's a smoking gun. We've heard a lot of inconsistencies from police and neighbors and friends of Scott Peterson's about his stories about what he was doing that day and, of course, whether or not he was married.

Up on the stand today is Detective Phil Owens. He was on the stand yesterday. He began talking about the recovery of Laci Peterson's body. At that point, Sharon Rocha, her mother, did leave the courtroom. He talked about what she was wearing. She apparently, when they found the body, was wearing tan pants. Now, her sister testified that the night before she disappeared, she was wearing tan pants. Scott Peterson told police she was wearing black pants.

So he'll be back up on the stand today. We're expecting to hear from a couple more police investigators and a medical examiner and even Mark Geragos said yesterday he expects it to wrap up by Monday next week -- Soledad.

O'BRIEN: So, then, Rusty, when it does wrap up, let's say it is Monday of next week, what happens next? There's nobody who's thinking this is not going to go to trial. So what's the next thing?

DORNIN: Well, first on Monday, of course, the judge is expected to rule about this piece of hair, whether it's going to be admitted as evidence or not. But, of course, when the preliminary hearing concludes, he will decide whether to bind him over for trial. Now, he can do that from the bench or he could hold off. Most people here are expecting him to do that from the bench.

Then he will set a trial date and, of course, then they send out jury surveys to decide whether or not there will be a change of venue in the case.

O'BRIEN: Rusty Dornin in Modesto for us this morning.

Rusty, thanks.

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 14, 2003 - 08:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: The waiting game is over in Modesto after weeks of speculation about whether Scott Peterson's ex-mistress would testify at his preliminary hearing. A decision was finally announced.
CNN's Rusty Dornin is in Modesto and has this report.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): It's been the burning question during Scott Peterson's entire preliminary hearing -- would Amber Frey, his former girlfriend, take the stand? Her attorney says prosecutors have decided against it.

GLORIA ALLRED, FREY'S ATTORNEY: I think that if she had been called to testify at this preliminary hearing, that the defense might have chosen to re-victimize her.

DORNIN: Was Scott Peterson the grieving husband after his wife disappeared or worried that police would discover her body? Police say they followed him to the Berkeley Marina three times in early January, twice in a rental car. Each time, they say, Peterson gazed out over the Bay for a few minutes. The bodies of his wife and unborn son washed ashore about two miles from that marina three months later.

But defense attorney Mark Geragos pointed out that on each of the days that Peterson drove to the marina, the Modesto paper had run articles detailing searches that were under way in the Bay. And, again, there were questions about what Scott Peterson told people he was doing the day his wife disappeared. Amy Krigbaum, a neighbor, testified Scott Peterson came to her door on the evening of December 24 and told her he'd been golfing all day. Investigators have already testified that a few hours later that same night, Peterson told them he was fishing.

And the hair on those pliers? Some questions about the Modesto investigators' handling of that hair. It was one piece when first retrieved, then later it became two. The defense charges the evidence was contaminated. Prosecutors say the hair broke in half. Both sides will argue whether the hair and a subsequent DNA analysis can be admitted as evidence Friday afternoon. The judge is expected to make a ruling some time next week.

(END VIDEOTAPE)

DORNIN: Now this preliminary hearing, of course, has been ongoing for almost three weeks now. The prosecution is the one that's really been presenting all the witnesses and we haven't really heard any testimony or any evidence that's a smoking gun. We've heard a lot of inconsistencies from police and neighbors and friends of Scott Peterson's about his stories about what he was doing that day and, of course, whether or not he was married.

Up on the stand today is Detective Phil Owens. He was on the stand yesterday. He began talking about the recovery of Laci Peterson's body. At that point, Sharon Rocha, her mother, did leave the courtroom. He talked about what she was wearing. She apparently, when they found the body, was wearing tan pants. Now, her sister testified that the night before she disappeared, she was wearing tan pants. Scott Peterson told police she was wearing black pants.

So he'll be back up on the stand today. We're expecting to hear from a couple more police investigators and a medical examiner and even Mark Geragos said yesterday he expects it to wrap up by Monday next week -- Soledad.

O'BRIEN: So, then, Rusty, when it does wrap up, let's say it is Monday of next week, what happens next? There's nobody who's thinking this is not going to go to trial. So what's the next thing?

DORNIN: Well, first on Monday, of course, the judge is expected to rule about this piece of hair, whether it's going to be admitted as evidence or not. But, of course, when the preliminary hearing concludes, he will decide whether to bind him over for trial. Now, he can do that from the bench or he could hold off. Most people here are expecting him to do that from the bench.

Then he will set a trial date and, of course, then they send out jury surveys to decide whether or not there will be a change of venue in the case.

O'BRIEN: Rusty Dornin in Modesto for us this morning.

Rusty, thanks.

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