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Peterson drilling for possible testimony
Stacy Finz and Diana Walsh, Chronicle Staff Writers
Monday, October 18, 2004

Is Scott Peterson preparing to take the stand or was a recent jailhouse mock cross examination a ploy
by Peterson's lawyers to make the public believe that their client wants to testify in his own defense?


Legal analyst and former Alameda County prosecutor Michael Cardoza announced
Monday that he spent hours on Sunday and a day last week with Peterson to help
the defendant's attorney assess how he would do under intense questioning.


**Cardoza met with Scott Peterson at the San Mateo County Jail. They met face to face in a roughly
8 X 10 room. But when asked how it went, Cardoza said  "
I was instructed by the judge not to talk
about anything … so I will not answer that and we may as well save our breath. I will not tell you
what Peterson told me
." Cardoza faced a firing of questions from reporters asking if his meeting
with Peterson affects his role as a
legal analyst. Cardoza responded that he was straightforward
from the very beginning. He even took the time to meet with the Judge, the defense and prosecution
in chambers this morning. "
My integrity is not an issue here," Cardoza said. He said the defense
team picked him because he's an experienced defense attorney, a former prosecutor and he
knows the Peterson case very well because he's been here nearly everyday. "
I think most
trial attorneys, if they're really trial attorneys would jump at this opportunity
."

The disclosure came on the day that Peterson's attorneys began their much-anticipated case in
defense of their client, who is standing trial on charges that he murdered his wife,
Laci, and their
unborn
son in the days before Christmas 2002. If convicted of multiple murders the jury will
have to decide whether Peterson should be punished with death or life imprisonment.


It is common practice for criminal defense attorneys to use other lawyers to put their clients through
dry runs of the questions they would face on the stand. But some legal analysts following the case
said that Geragos most likely selected Cardoza because of his influence with the media outside the
courtroom. Cardoza, who as a legal analyst has been following the trial for several television
outlets, has been among the most vocal and relentless critics of the prosecution's case.


"There are many, many good ex-prosecutors who are not commentators on the Peterson case and he
could have picked any one of them
,'' said Dean Johnson, a former prosecutor who also has been
following and commenting on the case for the news media. "
It's the appearance of impropriety.''

Other legal experts said it's highly unlikely that Peterson will ever take the stand and the defense is
most likely trying to spin public opinion — jurors often want to hear from the defendant's own mouth.


"It's brilliant public relations by the defense," said Jim Hammer, a former
San Francisco prosecutor who consults for Fox News. "
The defense is both tying to
psych out the prosecution and to convince us that Scott really wants to testify, but his
lawyers won't let him. He's lied so much he probably would be caught lying on the stand
."

Cardoza said he participated free as a professional courtesy to the defense team and wanted
to notify news reporters who have been using him as an expert source while covering the trial.


"Some of you may now not want to quote me anymore," he said to reporters
about his new association with the defense team. "
I just wanted to make
sure that you all knew and didn't think I was trying to hide this from you
."

Several media outlets, including The Chronicle, said they would
no longer use Cardoza as a legal analyst on the Peterson case.


CARDOZA GAGGED!

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