2 Dec 2003 Opposition to return of evidence
People opposes the return of the Ford pickup, seized on December 27, 2002, so it can be available for the jury to physically view. People contends the pickup was an instrument used in the murder of Laci Peterson; specifically, it was used to transport Laci's body to Scott's warehouse and then to the San Francisco Bay. Further, People argues that Scott's blood in the pickup came from wounds he received to his hands during or after the Laci's murder. People agreed to release the $14,932.31 that was recovered at the time of Scott's arrest on condition that Defense stipulate to the amount, denominations, and location as stated in MPD Det. Jon Buehler's arrest report (Bates 26839-26848).
2 Dec 2003 Motion to seal, and maintain seal of documents
People's exhibits 130 and 131, and Defense exhibits DD, EE, FF, and GG were offered in the Preliminary Hearing on condition they would be sealed. All of these exhibits were various autopsy photographs. Autopsy photographs are exempt from disclosure under the California Public Records Act. The warrant documents should remain sealed because they were not presented as evidence in the Preliminary Hearing. The protective order should remain in place.
3 Dec 2003 Scott's Arraignment
Scott pled Not-Guilty [his actual words were: I am innocent]. Jury trial set for January 26, 2004, 9:30 a.m. Other pretrial hearing dates were set. The Court ordered: 1) Protective Order (gag order) shall remain in force; 2) Print Media's request to unseal documents is denied; 3) request to seal the previously concealed Preliminary Hearing evidence is granted; 4) $14,932.31 is to be returned to the defendant by Friday, December 5, 2003; 5) the truck currently in the custody of People is to be returned to the defendant by December 18, 2003. All pretrial motions will remain with the Superior Court in Stanislaus County in the event a Change of Venue Motion is granted.
5 Dec 2003 Hearing on Findings on Sealing Orders
The Court declines to unseal the previously sealed materials and seals the previously conditionally sealed Preliminary Hearing evidence. The Court finds that the facts and findings leading to the sealing orders of May 30, 2003 and June 27, 2003 are still applicable and viable. There continues to be considerable ongoing investigation that can be, and would be, prejudiced by the release of these documents, and the Defendant's right to a fair trial would be prejudiced by release of these documents. The Court also cited the interests of the families of the decedents.
10 Dec 2003 People's Amended Motion to Conduct Venue Survey
The People wish to survey jurors who have already been excused from service and will not be called back until at least 2005. Granting this request will mean that the participants are jury eligible and speed up the survey process. It is not necessary that jurors be ignorant of prejudicial publicity, or that they have not formed an opinion concerning defendant's culpability. It is only necessary that they be willing to set aside all impressions and base their verdict only on the evidence presented in court.
11 Dec 2003 People's Informal Request for Discovery
Request for: 1) any real evidence that the defendant intends to offer at trial; 2) the names and addresses of persons, other than the defendant, he intends to call as witnesses at the trial, together with any relevant written or recorded statements of those persons, including any reports or statements of those persons; 3) any reports or statements of experts made in connection with the case; and 4) the results of physical or mental examination, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial.
12 Dec 2003 Hearing on Filing Change of Venue Motion
Geragos informed the Court that he needed more time to file the Change of Venue motion. He was given until December 15, 2003, by 9:00 a.m.; Prosecution to file Opposition by January 2, 2004, 2:00 p.m., and Reply to be submitted on January 6, 2004, at 10:00 a.m. Change of Venue Hearing rescheduled for January 8, 2004, 10:00 a.m. The previous order of December 5, 2003, that the truck currently in custody of the People to be returned to the Defendant by December 18, 2003, shall remain in effect. If the Parties wish to negotiate a sale, they may do so without Court involvement. The Court and attorney has reviewed the transcripts of October 24, 2003, and the entire Preliminary Hearing. The transcripts are corrected as stated on the record, and the transcripts are certified.
13 Dec 2003 Assignment for 995 PC Motion
Judge Girolami assigned the 995 Motion Hearing to Judge Marie Silveira, to be heard on January 7, 8:30 a.m. Defense's 995 Motion to be filed by December 16, 2003, at 10:00 a.m.; Prosecution's Opposition to the 995 Motion to be filed by January 2, 2004, 10:a.m.; Reply to be submitted by January 5, 2004, at 4:00 p.m.
15 Dec 2003 Motion for Change of Venue
In the motion, Geragos claims that this case meets the 5-part test established by the Courts: 1) the nature and gravity of the offense; 2) the size of the community; 3) the status of the victim and the accused; 4) the nature and extent of the publicity; and 5) the existence of political overtones in the case. He cites polls taken that show 39%-59.3% of area residents are already convinced Scott is guilty, the editorial nature of the grand-scale media coverage (overwhelmingly against Scott), the fear of social ostracism jurors may likely feel if they are inclined to acquit, and that jurors do not easily overcome "the influence that lurks in an opinion once formed." Over 8000 various media reports appeared during the first 8 months of this case. "In an age of extremely powerful pervasive mass communications, trial courts can no longer look to judicial admonitions during voir dire as the remedy for continuing and prejudicial pretrial publicity."
19 Dec 2003 Grogan interviewed Peggy O'Donnell
Grogan interviewed Peggy O'Donnell, but hasn't yet testified about that interview. Brocchini did answer some questions about it under cross by Geragos. Grogan referred to the previous interview of O'Donnell by Holmes, as part of the warehouse complex canvassing, but he doesn't refer to Brocchini's interview with Greg Smith.
22 Dec 2003 995 Motion to Dismiss
The 995 Motion claims that Scott was not legally committed to the magistrate, and that he was committed without reasonable or probable cause. The Motion claims that the LE did not conduct a legitimate investigation into Laci's disappearance, but focused all of its resources on Scott, ignoring credible leads in other directions and evidence that exonerated Scott. All the LE succeeded in proving is what Scott readily conceded: Scott was an unfaithful husband, Scott took advantage of a day off work to go fishing, and on that same day Laci tragically disappeared.