| DA: Open autopsy reports Stanislaus County DA James Brazelton says 'defense leaked information.' Friday, May 30, 2003 Prosecutors countered Thursday's leak of information about Conner Peterson's dead body by asking a judge to release the full autopsy reports on the baby boy and his mother, Laci. Thursday night, an official with the Contra Costa County Sheriff's Department confirmed that the leaked information came from Conner's autopsy report. MSNBC reported Thursday morning that it had obtained a "a portion of thecoroner's report on the autopsy on the fetus." The document states that the fetus was found with 1-1/2 loops of plastic tape around its neck and had a significant cut on its torso, a cut inflicted after death. The details could suggest that Conner died separately from his mother, who was eight months pregnant when family members reported her missing Christmas Eve from her Modesto home. Her husband, Scott, has been charged with two counts of murder. "The information being leaked has clearly been skewed in favor of the defense," the Stanislaus County district attorney's office declared in a court filing within hours of the leak. "The people cannot see why the autopsy documents should not be released." District Attorney James Brazelton's position marked a dramatic reversal from his previous opposition, restated earlier this week, to unsealing the reports. "The cat's out of the bag," Dr. Gregory Schmunk, Santa Clara County coroner, said of prosecutors' about-face. Peterson, a 30-year-old fertilizer salesman, faces the death penalty if convicted. He has pleaded not guilty. Defense attorneys maintain that the killer or killers are still at large. Schmunk told The Bee that the baby's autopsy report does not indicate that the tape was a "ligature," or cord used for binding or strangling, because there was a 2-centimeter space between the tape and the neck. One theory, Schmunk said, is that the tape previously held shut a plastic bag either around the head or the body. "Bodies in bags are frequently taped" by violent criminals, he said. The cut in the baby's torso after death could easily have been inflicted by a boat propeller, Schmunk said. "That's the kind of thing we see on bodies in water, especially when they float to the surface," he said. Brazelton, in a statement released Thursday, said prosecutors "cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court's order." Tuesday, prosecution and defense attorneys went before Judge Al Girolami to argue for sealing the reports and other documents in the case. The Bee and other newspapers had sought the public release of the documents. "The people believe that releasing the autopsy reports will protect its client, namely the people of the state of California," Senior Deputy District Attorney Dave Harris wrote in Thursday's court filing. "By releasing the autopsy reports, the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity." Charity Kenyon, an attorney representing a coalition of newspaper organizations, including The Bee, argued during Tuesday's hearing that the public's right to view court documents was a fundamental component of a transparent legal system. "Openness in the court process is the rule in this country," Kenyon said. Girolami on May 15 ordered the autopsy reports and other key documents tentatively sealed, at the request of prosecution and defense attorneys, and the judge left that order in place at the Tuesday hearing. He had been scheduled to make a final decision on the sealing today. Prosecutors now are asking to unseal the autopsy reports, but not arrest and search warrant documents. Girolami said in court Tuesday that it was "very likely" that he would seal the documents. But Thursday, in response to prosecutors' request, he ordered a June 6 hearing on sealing or unsealing the autopsy reports. During that proceeding, the judge also is scheduled to consider how to proceed on wiretaps that captured calls between Peterson and his defense team. He also is slated to consider imposing a gag order on attorneys and investigators. Finding the leak Prosecutors declared Thursday that they did not release a copy of Conner's autopsy report to the media and have "stringent controls" in place to keep such documents secret.Prosecutors also said they did not release a copy of the reports to the Modesto Police Department or to Laci Peterson's family. Police Chief Roy Wasden said he is trying to stanch any potential leaks from his department. "If I knew, I would go after them," Wasden said. "I'm doing everything I can to find out if it's anything within the realm of my control." The Contra Costa County coroner's office performed the autopsies last month after the bodies washed ashore on the east side of San Francisco Bay. "We did not release that document," said Jimmy Lee, a spokesman for the Contra Costa County Sheriff's Department. Sheriff Warren Rupf said in a statement that leaking the document was "clearly irresponsible, if not illegal." "Speculation or out-of-context discussion surrounding this case to include the coroner's report are unfair to the prosecution, defense and certainly to the family of Laci Peterson," Rupf said. Brazelton did not hesitate when asked Thursday where he suspects the leak came from. "The defense," Brazelton said. "That's the only thing I can figure. They don't seem to want to play by the same rules we do." Defense attorney Mark Geragos vociferously denied that the leak came from the defense. He said prosecutors or police previously leaked information to the tabloid press before the defense was in possession of the material. "What rules are they playing by? They leak, leak, leak for four months," Geragos said. "I can categorically point to five separate leaks on material that appeared in the tabloids that I did not even have because we were waiting for discovery." Geragos declined to comment on what that material was, noting the judge's order sealing the documents. But he said he was willing to seek testimony from the MSNBC journalist who first reported the autopsy details. "I'm very happy to put Dan Abrams on the stand and waive any privilege and ask him if he got this information from me," Geragos said. "I challenge them to do same." Geragos also said he is willing to take the stand in the matter. 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| LACI & CONNER "I’ll lend you for a little time A child of Mine," He said. |
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