Murder Trial Delayed One Week for Scott Peterson
Fri January 23, 2004 \

LOS ANGELES (Reuters) - The start of the trial for Scott Peterson, who is accused of murdering his wife and unborn son, was pushed back by one week on Friday, a move prompted by the removal of a judge appointed to handle the case.

Peterson, who is charged with killing his wife Laci and unborn son, Conner, in a case that has attracted nationwide attention, will now stand trial beginning on Feb. 2 in San Mateo, California.

The case had been moved to San Mateo, about 20 miles south of San Francisco, after Stanislaus County Superior Court Judge Al Girolami ruled that Peterson could not get a fair trial in his hometown of Modesto.

Prosecutors then challenged the appointment of a retired judge to preside over the double murder case -- a move that required the selection of a new judge and forced the postponement.

Peterson reported his pregnant wife missing from their home in the agricultural center of Modesto on Dec. 24, 2002. About four months later the bodies of Laci and Conner washed out of San Francisco bay.

The fertilizer salesman, who has pleaded innocent, could face the death penalty if he is convicted at trial. He is represented by high-profile Los Angeles attorney Mark Geragos, who also leads the legal team defending pop star Michael Jackson against child molestation charges.

The Associated Press

SAN FRANCISCO Jan. 27 — Retired Alameda County Judge Alfred A. Delucchi was selected Tuesday to preside over Scott Peterson's murder trial, a week after another judge was challenged by prosecutors.

A trial judge for more than three decades, Delucchi, 73, retired in 1998 after serving in Alameda County for 15 years. He has been an active judge since his retirement and has continued to preside over trials.

Delucchi has presided over 22 death penalty trials, including the case involving the murder of former Black Panther Huey Newton.

The selection was made by California Supreme Court Chief Justice Ronald George, who initially picked retired Contra Costa County Judge Richard Arnason for the role. Arnason's selection was challenged by prosecutors.

Delucchi will preside over next Monday's hearing in Redwood City into a bid by Peterson's attorneys to block the disqualification of Arnason. Peterson's attorneys allege prosecutors did not properly file their demands to remove Arnason, and the challenge is not expected to delay the case, which is expected to begin sometime next month.

Peterson, 31, faces the death penalty if convicted of two counts of murder for allegedly killing his pregnant wife, Laci, in their home and dumping her body in San Francisco Bay. In April, her remains and those of the fetus washed ashore two miles from where her husband said he was fishing on Christmas Eve 2002 when she vanished.

The former fertilizer salesman was moved Friday from the Stanislaus County Jail to a cell in the lockup adjacent to the San Mateo courthouse in Redwood City. A Stanislaus County judge, before removing himself from the case, ordered the trial moved to San Mateo County because of too much pretrial publicity.

Under California court rules, the defense and prosecution each can remove without stating a reason one judge before a trial begins.

The prosecution must live with Delucchi's assignment, and only Peterson's defense team has a challenge available.

By JOHN COTÉ
BEE STAFF WRITER

A separate murder trial Scott Peterson's attorney is trying raises the prospect of a delay in Peterson's case, prosecutors said.

The Los Angeles County trial technically began Thursday, but Superior Court Judge Teri Schwartz gave Mark Geragos Monday off to handle a proceeding in Peterson's case, Deputy District Attorney Kathleen Cady said. Geragos is due back in court the next day in Pasadena.

"Basically, the court has ordered him to begin on Tuesday, and that's all we're concerned about," said Lonnie Felker, another Los Angeles County prosecutor.

Geragos could not be reached for comment.

Peterson, a 31-year-old Modesto man, is charged with murdering his wife, Laci, and unborn son, Conner. Prosecutors are seeking the death penalty.

A judge ordered the case moved from Stanislaus County to San Mateo County earlier this month, saying intense media coverage endangered Peterson's ability to get an impartial jury in his wife's hometown.

Felker estimated the trial of Pasadena man Brett Williams will last two weeks. Williams is charged with murder and several counts of assault with a deadly weapon in the 2002 shooting death of his former wife, Cady said.

Trials often run long

Peterson's trial is scheduled to begin Monday, but attorneys on both sides are proposing that hearings be delayed until Feb. 17. That's two weeks from the date set for William's trial to start.

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Posted on 01/30/04 06:00:25 AM PT
http://www.modbee.com/local/story/8067567p-8927430c.html

JUDGE DELAYS PETERSON TRIAL

By JOHN COTÉ
BEE STAFF WRITER

A judge today delayed Scott Peterson's double-murder trial until at least next Monday. At the 31-year-old Modesto man's first appearance in a San Mateo courtroom, retired Alameda County Superior Court Judge Alfred A. Delucchi also banned cameras from the entire proceeding.

Delucchi granted the delay after defense attorney Mark Geragos said he had a conflicting trial in Pasadena. That trial is unlikely to be completed by Monday, but Geragos said he would have a better idea of its schedule by then.

Prosecutors are seeking the death penalty against Peterson, 31, in the deaths of his wife, Laci, and the couple's unborn child.

Delucchi did not grant Peterson's request to have a laptop computer in his jail cell. Peterson had wanted the computer to review documents in the case. The judge said he may allow Peterson use of a device that plays audio recordings.

Prosecution and defense attorneys both wanted cameras banned from the courtroom. Geragos said pictures from inside court could have an impact on potential jurors.

The trial may not stay in San Mateo County because the defense can move for another change of venue if attorneys claim Peterson cannot get a fair trial there.

"This could be a way station," Geragos said of San Mateo.

Stanislaus County Superior Court Judge Al Girolami earlier granted a defense motion to move the trial from Stanislaus County, citing massive media attention given the case. Supreme Court Chief Justice Ronald George tapped Delucchi, 72, to hear the case after prosecutors disqualified the first judge assigned to hear the case, retired Contra Costa County Superior Court Judge Richard Arnason.

See the complete story Tuesday in The Bee or at www.modbee.com.

http://www.modbee.com/local/story/8078989p-8937835c.html

Modbee Feb 3 2004, 6:12 AM PST
Peterson trial put on hold

By JOHN COTÉ
BEE STAFF WRITER

REDWOOD CITY -- A judge Monday delayed Scott Peterson's double-murder trial at least a week and banned cameras from the courtroom for the duration of the trial.
"No cameras," retired Alameda County Superior Court Judge Alfred Delucchi said.

Peterson, making his first appearance in a San Mateo County courtroom, stood briefly when asked if he waived his right to a speedy trial until next Monday.

"Yes," he told Delucchi. "It's a regrettable necessity, your honor."

Defense attorney Mark Geragos requested the delay because he has been ordered to begin a murder trial in Pasadena. Geragos said he wanted to start Peterson's trial "within 24 hours" of wrapping up that case, but also suggested he may seek to have Peterson's trial moved to a new county. It is in San Mateo County on a change of venue from Stanislaus County.
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http://www.modbee.com/local/story/8081992p-8940609c.html

Peterson Jury IDs To Stay A Secret

REDWOOD CITY - Jurors' names will be kept confidential for the duration of Scott Peterson's trial on double-murder charges, and witnesses' names will become public only when they take the stand to testify, a judge ruled Monday.
"I have nothing against the press," Judge Alfred Delucchi said, adding that his responsibility is to see that both sides receive a fair trial.

Peterson's trial, which technically began with Monday's largely procedural hearing here, is set to move ahead Wednesday with arguments on whether evidence from satellite tracking devices used on the 31-year-old Modesto man's vehicles should be allowed in court.

That hearing is scheduled to be the first of five covering different evidence the defense is trying to exclude from court.

Attorneys on both sides initially estimated it would take two weeks to address four disputes over evidence, but that timetable appeared less likely Monday when the defense unexpectedly filed three additional motions:

To sequester jurors.

Requesting a separate jury to determine whether Peterson should receive the death penalty, if he is convicted.

Seeking to exclude from trial Peterson's statements to the media.

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http://www.modbee.com/local/story/8107925p-8964179c.html

Jaxon Van Derbeken, Stacy Finz, Chronicle Staff Writers
Saturday, February 14, 2004

The Stanislaus County district attorney has fired off a letter to San Francisco demanding that its chief homicide prosecutor cease doing television commentary on the Scott Peterson trial.

Assistant District Attorney Jim Hammer, who garnered national attention for successfully prosecuting the S.F. lawyers whose dogs savagely killed their neighbor, has agreed to stop going on air, sources said. He told producers at Fox's "On the Record with Greta Van Susteren" and KTVU's Channel 2 that he could no longer talk about the case.

Hammer is one of the growing number of lawyers who have found a second job doing the legal talk-show circuit. But James Brazelton, Stanislaus County's top prosecutor, doesn't think it's appropriate for another prosecutor -- even if he is from a different jurisdiction -- to discuss the Modesto case, according to the letter sent to the district attorney's office in San Francisco last week.

The letter came after at least one earlier effort by Brazelton to gag Hammer.

At one point, a miffed Brazelton e-mailed then-San Francisco District Attorney Terence Hallinan and asked him to muzzle his prosecutor, but to no avail, according to the sources.

Last week, Brazelton tried appealing to the new district attorney, Kamala Harris.

In a letter addressed to her, Brazelton wrote that Hammer's television appearances had gone too far, according to sources who have read the letter, and that he has gone beyond straight analysis and given opinions on the strength of the evidence in the case. The Stanislaus County district attorney voiced fear that Hammer's statements could taint future jurors.

Peterson is accused of killing his 27-year-old wife and causing the death of the couple's fetus shortly before Christmas 2002. He is being tried in Redwood City, where the case was moved from Modesto because of all the publicity. If Peterson, 31, is convicted of double murder, prosecutors plan to ask a jury to return a death verdict.

Hammer said Friday he could not comment on the matter.

Debbie Mesloh, spokeswoman for the San Francisco district attorney's office, confirmed that her office had received a communication from Brazelton's office, and she said her office had acted quickly.

"We wanted to comply with the request," she said. "We thought it was an appropriate thing to do.'' She declined to discuss the matter further.

Brazelton did not return calls Friday.

Daniel Horowitz, an Oakland defense attorney who also does television commentary, said he was sorry to see Hammer go.

"Most of the talking heads are entertainment," he said. "Hammer is an educator. His comments are so measured and so on the mark. And he gives the perspective of a top prosecutor, whereas most of these commentators are defense attorneys."

Hammer, head of the office's homicide unit, has practically become a permanent fixture on television programs from NBC's "The Today Show'' to CNN's "Larry King Live" to do legal analysis on the Peterson trial. The case has become a national obsession, sending television ratings through the roof and creating an insatiable hunger by the networks and cable for round-the-clock commentary.

Kimberly Guilfoyle-Newsom, a former San Francisco prosecutor, who also worked on the dog-mauling case, became so popular with her legal analysis of the Peterson case that CNN and Court TV have hired her permanently.

Unlike Hammer, Guilfoyle-Newsom did legal analysis while on leave from the district attorney's office to work on her husband's successful campaign for San Francisco mayor. She left the district attorney's office to become a full-time television commentator.

Brazelton's e-mail to Hallinan said he was going to subpoena both Hammer and Guilfoyle-Newsom, sources said -- which would have brought both attorneys in under the gag order on the case. But the subpoenas never materialized.

"I don't believe it's unethical or illegal for prosecutors to do legal analysis," said Richard Monroy, president of the San Diego Deputy District Attorneys Association and chief of the office's gang unit. "But it's frowned upon. It's a professional courtesy not to comment on another jurisdiction's case. As our association's president, I would discourage any San Diego prosecutor from doing it."

Jim Fox, San Mateo County's district attorney for 21 years, has ordered his prosecutors not to discuss the Peterson case now that it is being tried in Redwood City. Ordinarily, there is no formal policy in his office about commenting on other jurisdictions' cases.

"It hasn't come up before," Fox said. "But if it did, I would not be favorable to it. ... If you don't know anything about the case, why are you talking about it?"

While Brazelton is critical of Hammer, there are plenty of lawyers who are critical of Brazelton. He was seen as a show-boater by some attorneys when he chose to make his announcement that he was likely to seek the death penalty for Peterson on the nationally syndicated "The John Walsh Show."

"It's a serious and somber decision to seek the death penalty," said Horowitz. "It should be done with a heavy heart and not done on a national television show."

Brazelton made a formal announcement the next day, leaving attorneys scratching their heads at the unusual speed of the decision, which came just seven days after Peterson was arrested.

And earlier this week, the Modesto Bee reported that Brazelton was being investigated by Stanislaus County officials for allegedly wielding a gun in the district attorney's office while making threats about two Modesto Bee reporters.

E-mail the writers at jvanderbeken@sfchronicle.com and sfinz@sfchronicle.com.

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