July 29 CALIFORNIA: Lawyer for Scott Peterson Seeks Mistrial Scott Peterson's lawyer wants a judge to either dismiss the murder charges against his client or declare a mistrial because he alleges a police investigator lied on the witness stand. Mark Geragos maintains Modesto Detective Allen Brocchini fabricated part of his testimony to help prosecutors prove that Peterson killed his pregnant wife, Laci, in their home and dumped her body into San Francisco Bay. Geragos has made 2 other requests for a mistrial, each quickly denied by Judge Alfred A. Delucchi. This time, however, Delucchi called a special hearing on Thursday for Geragos to explain why he should act in Peterson's favor. The judge said he would rule in the afternoon on Geragos' motions, which he has sealed pending the removal of details about Brocchini's professional history he deemed too damaging to be publicly released. Delucchi took the precaution in case jurors ignore his orders and follow the case in the media. In testimony last month, Brocchini told jurors about a tip he received several days after the remains of Laci Peterson and the couple's fetus washed onto a bay shore, near where Peterson launched what he claims was a solo fishing trip on Dec. 24, 2002, the day his wife disappeared. The tipster claimed that Scott Peterson, in 1995, said he would dispose of a body by sinking it in the ocean. Brocchini testified the tipster said Peterson would "tie a bag around the neck with duct tape," a potentially damaging assertion because police said duct tape was found on Laci Peterson's tattered clothing and remains. A source who has heard a tape of Brocchini's phone interview with the tipster told The Associated Press earlier this month on condition of anonymity that the man never mentioned duct tape. The information the judge sealed -- but let slip in court -- was a previous instance in which Brocchini caused a mistrial by giving testimony before a jury that the judge had ordered him not to. The judge in that 1998 home invasion robbery trial ruled that the detective's testimony might have prejudiced the jury, according to court documents. Geragos wants to argue that case shows the detective's pattern of contempt for legal boundaries. Delucchi is also set to decide on a 3rd motion -- whether to let jurors see television interviews of Peterson. Prosecutors want to edit them to cut the commentary. Geragos insists the interviews shouldn't be shown -- but if they are, they should be played in their entirety. During the interviews, Peterson lies about what he told police regarding his affair with a massage therapist -- his alleged motive for murder. (source: Associated Press) ********************** THE PETERSON TRIAL -- Jurors examine defendant's boat Trial to resume Monday; mistrial hearing Thursday Jurors in the Scott Peterson trial traveled to a courthouse basement Tuesday to get their first glimpse of the boat that prosecutors say the former fertilizer salesman used to dump his wife's body. Outside the presence of the media and the public, bailiffs escorted the 12 jurors and five alternates from the Redwood City courtroom to a basement parking lot where the 14-foot aluminum fishing boat was stored. Jurors were prohibited from asking any questions about the boat, and Judge Alfred Delucchi cautioned them that it was not in the same condition it was in when it was seized in the Modesto warehouse that Peterson used for his business. Peterson says he took the boat onto San Francisco Bay to fish Dec. 24, 2002, the day his pregnant wife, Laci, was reported missing. Her body and that of the couple's son washed ashore in Richmond 4 months later. Peterson has been charged with both their murders. Jurors have been shown several photos of the boat on a large screen in the courtroom during the course of the nine-week trial. Many of those photos, taken in the days after Laci Peterson disappeared, showed fishing poles, a tackle box, a homemade cement anchor and a pair of needle-nose pliers. Hair that could be a match to Laci Peterson's was found in the pliers. None of those items, which have been collected and booked into evidence for the trial, was in the boat when jurors viewed it Tuesday. Earlier this month, prosecutors showed the jury photos of a pregnant woman in the boat in an attempt to show that Scott Peterson could have hidden his wife's 153-pound body on the vessel's floor. Peterson bought the boat two weeks before his wife disappeared. Prosecutors have suggested that Laci Peterson did not know of its existence. After viewing the boat, jurors were escorted back to the courtroom, where they heard testimony from an expert about the boat's design and capacity. Prosecutors, however, failed to answer the question about whether Peterson could have safely thrown his wife's body overboard while the boat was anchored in the bay. David Weber, vice president of engineering for the company that made the popular Gamefisher aluminum boat, said a prototype of the boat had passed three U.S. Coast Guard certification tests measuring stability and flotation. He said he considered the boat a safe vessel that did not easily capsize. Under cross-examination by defense attorney Mark Geragos, Weber conceded that none of the company's tests measured the boat's ability to remain upright if 400 pounds of weight were placed on one side. Although Geragos did not elaborate, that would have been nearly the combined weight of Scott and Laci Peterson when she disappeared and the amount of weight that would have been on one side of the boat had Scott Peterson thrown his wife's body overboard, as prosecutors allege. "Have you ever put 400 pounds on one side of the boat?" Geragos asked. "No, sir," Weber replied. "Would you expect it to (turn over)?" Geragos pressed. "I can't honestly answer that," Weber said. The trial will not be in session today because Geragos is attending a hearing in another case. On Thursday, Delucchi will hear arguments from the two sides on a defense motion asking that charges against Peterson be dismissed or that a mistrial be granted. Geragos made the motion earlier this month, saying that prosecutors had withheld evidence from the defense team and that a lead Modesto police detective had embellished his testimony while testifying for the prosecution. The jury will not be present during the hearing and is not due back in court until Monday. (source: San Francisco Chronicle) VIRGINIA: Subject: Petition Alert from Clare From: [email protected] Dear Friends, I have just read and signed the petition: Moratorium in Virginia http://www.thePetitionSite.com/takeaction/855054265 Please help by signing this petition. It takes 30 seconds and will really help. Please follow this link: The system centralizes signature collection to provide consolidated, useful reports for petition authors and targets. Please forward this email to others you believe share your concern. To view additional petitions, please click here: http://www.thePetitionSite.com Thank you Total Signatures: 60 The most recent signatures* as of 2:18 AM PDT Jul 29, 2004 # 60 7/28/04 2:44 PM Jan Hall, GB # 59 7/28/04 2:42 PM Kath Lawson, GB # 58 7/28/04 2:31 PM Nichola Glasse, MO, GB # 57 7/28/04 2:26 PM Jan Arriens, NU, GB # 56 7/28/04 1:57 PM James Hayes, NU, GB # 55 7/28/04 1:13 PM Triona Horrocks, GB # 54 7/28/04 11:40 AM Clare Broom, NU, GB # 53 7/27/04 7:49 PM Virginia G. Rovnyak, VA, US # 52 7/26/04 4:15 PM Katherine G. Schmidt, MD, US # 51 7/25/04 6:17 PM Jacqueline H. Dwyer, VA, US # 50 7/23/04 11:52 AM Harry D. Siegler, VA, US # 49 7/23/04 11:48 AM Rocky Dale Rogers, VA, US # 48 7/23/04 10:10 AM Frances Barber, VA, US # 47 7/22/04 8:31 AM Steven W.Newman, VA, US # 46 7/21/04 2:14 PM Peter J. McCourt, VA, US # 45 7/20/04 5:49 PM Kimberly McCray, VA, US # 44 7/19/04 2:00 PM Beth Davies, VA, US # 43 7/19/04 9:51 AM Kristine Vega, VA, US # 42 7/19/04 9:49 AM Lynette Merriman, VA, US # 41 7/19/04 3:23 AM Suzanne Wheatley, VA, US # 40 7/18/04 12:51 PM Florence Mittino, VA, US # 39 7/18/04 12:47 PM Camille Bacon-Smith, VA, US # 38 7/18/04 10:21 AM Beverly Bacon, VA, US # 37 7/18/04 2:57 AM Jon Sheldon, VA, US # 36 7/17/04 9:17 PM Erin Wheeler, VA, US To add your name to this petition go to: http://www.thePetitionSite.com/takeaction/855054265 *Signers may choose to hide their identity to the public. Such names will appear as "Anonymous" on the PetitionSite.com and advocacy emails similar to this. (The signature number above may not match the number assigned to your signature on the first page of the petition.) To view additional petitions, please click here: http://www.thePetitionSite.com
