Teekie
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(CNN) -- In the latest exchange of legal arguments in the Scott Peterson case, defense attorney Mark Geragos argued that the best place for his client to obtain a fair trial is in Los Angeles County.
Using the 1970 murder trial of Charles Manson as a precedent, Geragos stated that "in a case of massive publicity Los Angeles County will necessarily always be the venue of choice since the adversities of publicity are offset by a trial being conducted in a populous metropolitan area."
More than 9 million people -- one-fourth of the state's population -- reside in Los Angeles County. Stanislaus County, where the case is currently centered, has a population of 500,000.
Peterson is charged with the murders of his wife, Laci, and their unborn son in December 2002. Their bodies washed up from the San Francisco Bay in April 2003.
Last week, the prosecution cited the same People v. Manson case as a reason not to move the trial out of Stanislaus County. Because Charles Manson did not receive a change of venue out of Los Angeles in spite of massive pretrial publicity, District Attorney James Brazelton argued, then Scott Peterson could also receive a fair trial in the county where his crime was allegedly committed.
Manson and five of his followers were convicted in 1971 of murder and conspiracy to commit murder in the brutal killings of actress Sharon Tate and six others.
In his rebuttal argument filed in Modesto, California, on Tuesday, Geragos repeated his contention that Stanislaus County is too small and the citizens too involved in the case for the defendant to obtain a fair trial.
"Potential jurors in Los Angeles County or otherwise remote from Stanislaus County are far less likely to have had such an intimate involvement with this matter," Geragos wrote.
He also challenged the prosecution claim that he and his client were to blame for the massive amount of pretrial notoriety the case has received in the national media.
"The police orchestrated a press conference starring Amber Frey (Peterson's admitted lover) that was carried live on television in January, almost four full months before Scott was even arrested let alone arraigned in this matter. Before the current defense team was in place Modesto Police had held at least six televised press conferences," Geragos noted in the court papers.
Geragos also accused the prosecution of recently leaking a transcript of a police interview with Scott Peterson to a tabloid newspaper, in violation of a court order sealing the evidence. Only minutes after this allegation was entered into the official record, the prosecution filed its response with the court.
Deputy District Attorney David Harris wrote in his rebuttal: "It should be noted that the publication that received this document showed two photographs of the document both of which clearly hide the lower right corner of the document -- the place where the traditional discovery stamp is placed on documents released to the defense. Although the accusation could be made that it was the defense who leaked the document to fund the cost of this case, it does no good to speculate or make accusations without evidence."
The change of venue hearing is scheduled to be heard by Judge Al Girolami on Thursday. Jury selection for the trial is tentatively scheduled for January 26, pending the judge's decision on where the trial will be held.
http://www.cnn.com/2004/LAW/01/07/peterson.venue/index.html
Using the 1970 murder trial of Charles Manson as a precedent, Geragos stated that "in a case of massive publicity Los Angeles County will necessarily always be the venue of choice since the adversities of publicity are offset by a trial being conducted in a populous metropolitan area."
More than 9 million people -- one-fourth of the state's population -- reside in Los Angeles County. Stanislaus County, where the case is currently centered, has a population of 500,000.
Peterson is charged with the murders of his wife, Laci, and their unborn son in December 2002. Their bodies washed up from the San Francisco Bay in April 2003.
Last week, the prosecution cited the same People v. Manson case as a reason not to move the trial out of Stanislaus County. Because Charles Manson did not receive a change of venue out of Los Angeles in spite of massive pretrial publicity, District Attorney James Brazelton argued, then Scott Peterson could also receive a fair trial in the county where his crime was allegedly committed.
Manson and five of his followers were convicted in 1971 of murder and conspiracy to commit murder in the brutal killings of actress Sharon Tate and six others.
In his rebuttal argument filed in Modesto, California, on Tuesday, Geragos repeated his contention that Stanislaus County is too small and the citizens too involved in the case for the defendant to obtain a fair trial.
"Potential jurors in Los Angeles County or otherwise remote from Stanislaus County are far less likely to have had such an intimate involvement with this matter," Geragos wrote.
He also challenged the prosecution claim that he and his client were to blame for the massive amount of pretrial notoriety the case has received in the national media.
"The police orchestrated a press conference starring Amber Frey (Peterson's admitted lover) that was carried live on television in January, almost four full months before Scott was even arrested let alone arraigned in this matter. Before the current defense team was in place Modesto Police had held at least six televised press conferences," Geragos noted in the court papers.
Geragos also accused the prosecution of recently leaking a transcript of a police interview with Scott Peterson to a tabloid newspaper, in violation of a court order sealing the evidence. Only minutes after this allegation was entered into the official record, the prosecution filed its response with the court.
Deputy District Attorney David Harris wrote in his rebuttal: "It should be noted that the publication that received this document showed two photographs of the document both of which clearly hide the lower right corner of the document -- the place where the traditional discovery stamp is placed on documents released to the defense. Although the accusation could be made that it was the defense who leaked the document to fund the cost of this case, it does no good to speculate or make accusations without evidence."
The change of venue hearing is scheduled to be heard by Judge Al Girolami on Thursday. Jury selection for the trial is tentatively scheduled for January 26, pending the judge's decision on where the trial will be held.
http://www.cnn.com/2004/LAW/01/07/peterson.venue/index.html
... But honestly I do believe he did murdered her and her unborn son... U can see all it all on tv in court.. have u seen him once cried? He showed that he has no feeling what happened to his wife and unborn child...
