http://www.cnn.com/2003/LAW/11/14/peterson.hearing/index.html

The following is a part of the story, for the rest, visit the link above.

Lawyer for ex-girlfriend of Peterson wasn't given subpoena papers
Friday, November 14, 2003 Posted: 3:42 PM EST (2042 GMT)

MODESTO, California (CNN) -- A lawyer representing Amber Frey, the former girlfriend of accused murderer Scott Peterson, said Friday that she has been served with documents from the defense but that they did not appear to call her client to testify in a preliminary hearing.

Peterson is charged in the deaths of his wife, Laci, and their unborn son, whose bodies washed ashore last April in San Francisco Bay.

Frey attorney Gloria Allred said Thursday that the district attorney had apparently chosen not to call Frey to testify in the preliminary hearing to determine whether prosecutors have enough evidence to bind Peterson over for trial, but that does not preclude Peterson defense attorney Mark Geragos from calling Frey.

"She's going to tell the truth," Allred said. "They're going to have to face that day. And if they want to bring it on sooner than later, then that will be their decision, and that of the court, to decide whether it's appropriate at the preliminary hearing."

"Amber is not going to be intimidated by Mr. Geragos or by Mr. Scott Peterson or by any tactics that they may use to try to attack her or by any attempt to undermine her or discredit her," Allred said.

"Detective Philip Owen, continuing testimony he began Thursday, told Geragos that he interviewed three witnesses about what they had seen in Loma

Defense attorney Mark Geragos cross-examines a witness during Thursday's hearing.
An entrance to the park is half a block from where the couple lived in Modesto.

Two people whom Owen identified as "John and Carmen Sousa" told the detective last December 27 that they had seen two "suspicious" men at 7:30 a.m. on December 24, he said. Owen said the couple described the men as Caucasians of medium height and build. One of the men popped out of bushes and was mumbling to himself, Owen said he was told.

The couple, who said they were regular walkers in the park, said they had never seen the pair before, Owen added.

Owen said that also on December 27, he interviewed a female worker at a hospital that abuts the park. The woman had told police she was taking a smoke break at 9:45 a.m. on December 24 when she saw two men and what appeared to be a pregnant woman walking along a jogging trail.

The woman was leading a golden retriever -- the same kind of dog owned by the Petersons -- which was barking, Owen said he was told.

At one point, one of the men told the woman, "Shut the f------- dog up," Owen recounted.

A neighbor of the Petersons testified Thursday that she found the dog outside the Peterson home at 10:18 a.m. -- still attached to its leash -- and returned it to the couple's fenced-in backyard.

The woman said she used a time-stamped receipt from a nearby store she had just left to calculate the precise time.

Owen also told Geragos that he tested red paint found on a buoy in the bay where the bodies were found and compared it with red paint taken from the outside of Scott Peterson's boat. Owen, asked by Geragos during cross-examination whether the paint samples matched, would not respond."

I wonder why the police didn't believe the woman who was taking the smoking break at 9:45.