By GARTH STAPLEY
BEE STAFF WRITER

A potential witness for Scott Peterson's defense died Wednesday.

Whether the death of 80-year-old Vivian Mitchell could affect the double-murder trial remained unclear.

"She was a sharp woman, very engaging," said Peterson's defense attorney Mark Geragos of Los Angeles. Citing a court-imposed gag order, he refused to say whether her death deals a blow to his client's case.

Prosecutors say they believe Peterson, 31, killed his pregnant wife, Laci, on Dec. 23 or Dec. 24, 2002. They are seeking the death penalty.

In May, Mitchell described looking out the window in her La Loma neighborhood home Christmas Eve morning and seeing Laci Peterson walking her dog. She described the woman as "magnetic" and "pretty."

Scott Peterson, who says he fished alone in San Francisco Bay that day, had told police that his wife had planned to walk their dog that morning. An eyewitness confirmation presumably would bolster Geragos' theory that someone other than his client snatched and killed Laci Peterson.

Another man, Homer Maldo- nado, also said he saw Laci Peterson walking a dog that morning, about three-quarters of a mile from the Mitchell home.
Click on link for complete report and photo
http://www.modbee.com/local/story/8089133p-8947115c.html

SAN FRANCISCO (Feb. 5) - An elderly witness who could have bolstered Scott Peterson's assertion that he was fishing when his pregnant wife was murdered has died of natural causes, officials said Thursday.

The death of neighbor Vivian Mitchell, 78, comes as Peterson's trial was scheduled to get underway in coming weeks in Redwood City, California. It had been moved from his hometown of Modesto.

Fertilizer salesman Peterson was arrested in April 2003 after the body of his wife and their unborn child washed up on the shores of San Francisco Bay. Peterson, who maintains his innocence, said he had left his wife Laci at home to make the roughly two-hour trip to the Berkeley marina to go fishing on Christmas Eve 2002.

Mitchell told police she was looking out the window on Christmas Eve morning and saw Laci walking by.

"Oh, look, there's the woman with the beautiful smile walking her dog," she told her husband.

That testimony could reinforce the defense theory that Laci was abducted by strangers while walking her dog. Prosecutors believe Scott killed her in the early morning hours.

Mitchell died after falling ill Sunday, her family said.

The next stage of pretrial hearings is scheduled for Monday. Peterson lawyer Mark Geragos said he has cleared his calendar to devote himself to this case.

Also Thursday, court officials were due to meet media representatives after complaints the county was charging unfair prices to cover the high-profile trial. San Mateo County said last week that it would charge television stations $51,000 to reserve a spot outside the courtroom to park their equipment.

02/05/04 13:20 ET

Vivian Mitchell who was a vivacious lady, insisted that she saw Laci on December 24, 2002 walking her dog. Many did believe her and other people question her truth. She had nothing to gain by fabricating. She told it like it was and told what she saw through her kitchen window. LE should have a report on file, but I can't recall if they ever did question the witness Vivian Mitchell.

Vivian Mitchell, with husband Bill, said she
was at the window when she saw Laci Peterson
and her dog walk by Dec. 24, 2002.

Edited: to add photo

I believe the witness reports can be used under these circumstances, however. Especially since they seem to bolster the defense. (Seems to me there is a way they do that.)

I think that Vivian Mitchell honestly BELIEVED that she saw Laci that morning, but was either mistaken about the day or possibly saw someone who looked very much like Laci....like I have quoted before, eye-witnesses are statistically the most UNRELIABLE sources of evidence. Studies have shown that when people witness an event and are asked to recall it later, they very rarely give completely accurate information...and unfortunately, the older the person is, the more likely they are to be inaccurate.

Please don't behead the messenger- this is just something I read somewhere!