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American Morning
Scott Peterson Case
Aired November 17, 2003 - 07:09 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: This could be a critical day in the Scott Peterson case. The judge in the preliminary hearing may rule on the admissibility of some of the science that was used to test a strand of hair that was found on Peterson's boat. And the questions about whether his former mistress will testify are still lingering.
Rusty Dornin now in Modesto, California, she's got the latest for us.
Hey, Rusty, good morning.
RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Soledad.
We are into the fourth week of this preliminary hearing, the 11th day. There have been many delays, as you well know.
Up on the stand today, a pathologist perhaps, who was involved in Laci Peterson's autopsy. And while it seems highly unlikely, there is still that wild card out there that defense attorney Mark Geragos seems to be holding very close to the vest right now -- one that's got Scott Peterson's former girlfriend's name on it: Amber Frey.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): Will she or won't she? Not even Amber Frey's attorney knows for sure whether her client will be asked to take the stand by Scott Peterson's defense team.
GLORIA ALLRED, AMBER FREY'S ATTORNEY: Mr. Geragos has indicated to me that no final decision has been made.
DORNIN: Allred believe prosecutors would oppose a subpoena for Frey to testify. The defense subpoenaed Frey's phone records last week.
Inside the courtroom Friday, the defense tried to suggest that Connor Peterson was born alive, claiming the fetus was full term. The defense is likely to argue if that's true, it would have been nearly impossible for Scott Peterson to have murdered his wife.
Defense attorney Mark Geragos also asked police about interviews with witnesses who say they saw three suspicious men in the park near the Peterson house the day Laci disappeared.
A nurse at a nearby hospital told police she saw a woman that looked like Laci Peterson walking a golden retriever at 10:45 that morning, but the timeframe conflicts with testimony of Peterson's next door neighbor, who claims she found the dog outside the house 25 minutes earlier.
And what about a strand of hair found in pliers at the bottom of Scott Peterson's boat? An expert at a state DNA lab told the court there were two fragments of hair. Prosecutors argue the single strand split into two pieces, but the DNA expert said he couldn't confirm that. The defense implies the hair could have been planted or transferred accidentally, and wants the judge to throw the evidence out because the chain of custody could have been broken. The judge has yet to rule on whether the DNA analysis of that hair can be admitted as reliable.
(END VIDEOTAPE)
The judge, Al Giralomi, is expected to rule today. He seems to be leaning towards admitting that piece of hair, at least the DNA analysis of it, although he's concerned about the size, the very small size of databases that the FBI is using; also the lack of precedence in California courts.
Soledad, this preliminary hearing is expected to wrap up sometime this week.
O'BRIEN: Well, we certainly hope so. It's been dragging on for a long time. 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 17, 2003 - 07:09 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: This could be a critical day in the Scott Peterson case. The judge in the preliminary hearing may rule on the admissibility of some of the science that was used to test a strand of hair that was found on Peterson's boat. And the questions about whether his former mistress will testify are still lingering.
Rusty Dornin now in Modesto, California, she's got the latest for us.
Hey, Rusty, good morning.
RUSTY DORNIN, CNN CORRESPONDENT: Good morning, Soledad.
We are into the fourth week of this preliminary hearing, the 11th day. There have been many delays, as you well know.
Up on the stand today, a pathologist perhaps, who was involved in Laci Peterson's autopsy. And while it seems highly unlikely, there is still that wild card out there that defense attorney Mark Geragos seems to be holding very close to the vest right now -- one that's got Scott Peterson's former girlfriend's name on it: Amber Frey.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): Will she or won't she? Not even Amber Frey's attorney knows for sure whether her client will be asked to take the stand by Scott Peterson's defense team.
GLORIA ALLRED, AMBER FREY'S ATTORNEY: Mr. Geragos has indicated to me that no final decision has been made.
DORNIN: Allred believe prosecutors would oppose a subpoena for Frey to testify. The defense subpoenaed Frey's phone records last week.
Inside the courtroom Friday, the defense tried to suggest that Connor Peterson was born alive, claiming the fetus was full term. The defense is likely to argue if that's true, it would have been nearly impossible for Scott Peterson to have murdered his wife.
Defense attorney Mark Geragos also asked police about interviews with witnesses who say they saw three suspicious men in the park near the Peterson house the day Laci disappeared.
A nurse at a nearby hospital told police she saw a woman that looked like Laci Peterson walking a golden retriever at 10:45 that morning, but the timeframe conflicts with testimony of Peterson's next door neighbor, who claims she found the dog outside the house 25 minutes earlier.
And what about a strand of hair found in pliers at the bottom of Scott Peterson's boat? An expert at a state DNA lab told the court there were two fragments of hair. Prosecutors argue the single strand split into two pieces, but the DNA expert said he couldn't confirm that. The defense implies the hair could have been planted or transferred accidentally, and wants the judge to throw the evidence out because the chain of custody could have been broken. The judge has yet to rule on whether the DNA analysis of that hair can be admitted as reliable.
(END VIDEOTAPE)
The judge, Al Giralomi, is expected to rule today. He seems to be leaning towards admitting that piece of hair, at least the DNA analysis of it, although he's concerned about the size, the very small size of databases that the FBI is using; also the lack of precedence in California courts.
Soledad, this preliminary hearing is expected to wrap up sometime this week.
O'BRIEN: Well, we certainly hope so. It's been dragging on for a long time. 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.
