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Dalton leaves Scott Peterson's
Defense Team

Sept 26, 2003

One of Scott Peterson's attorneys has left his defense team -- and no one
associated with the
double-murder case is saying why. Matthew Dalton, whose
role in the high-profile case mostly was confined to behind-the-scenes legwork,
is no longer employed by the Los Angeles law firm of Geragos & Geragos,
a receptionist confirmed Thursday.


She referred questions to managing partner Mark Geragos, Peterson's
lead defense attorney, but Geragos did not return messages
during business hours Thursday.


The separation comes in a week filled with rumors, some published and aired
in various media, that Peterson is unhappy with his legal representation.


The 30-year-old fertilizer salesman is scheduled to appear at a preliminary
hearing
Oct. 20 on charges that he killed his wife, Laci, and their unborn
son,
Conner. Prosecutors are seeking the death penalty.

"It's damaging to Scott Peterson to have an important part of his defense team
suddenly disappear," said
Gloria Allred, a Los Angeles attorney representing
Peterson's former girlfriend.
Amber Frey could provide crucial testimony in
court proceedings and Allred, attempting to preserve Frey's credibility,
has crossed swords with Geragos.


"To have division in the ranks at a time when it's important to put together a
good case, I can't see how that would be a benefit to Scott Peterson," Allred said.


Peterson's father, Lee Peterson, confirmed Thursday that Geragos continues
to represent his son.  He declined to say why Dalton left the firm.


Geragos' firm refused to provide a forwarding number for Dalton.

Though Dalton largely was relegated to third-tier status behind Geragos and
co-counsel Kirk McAllister of Modesto, he figured in a series of public moves
since his former boss came on the scene in late April:


In May, Dalton suggested to reporters that Laci Peterson's family members
were
burglarizing the Petersons' La Loma-area home.

The dead woman's family
entered the Covena Avenue home without
coordinating with Scott Peterson's parents and removed
truckloads of items,
including her
wedding dress, a rocking chair and a crib. The methodical moving
was widely reported and touched off an
emotional debate over property
rights of victims' survivors vs. those accused of heinous crimes.


In June, Dalton told a judge in open session that the defense team had evidence
pointing to "
real killers" and offered to present it behind closed doors. The
judge scheduled a private hearing; Dalton was seen banging on the door
after it began but was not admitted.


After the meeting, Stanislaus County Superior Court Judge Roger
Beauchesne wrote in a decision, "No evidence on the investigation of
'other suspects' was presented."


Outside the courtroom after the initial June hearing, Dalton cryptically
referred to shoes allegedly removed by Laci Peterson's family in May. Though
Dalton called them "important evidence," television pundits criticized the
statement, saying investigators on both sides would have taken possession
of them long ago if they figured in the murders.


In August, Dalton -- despite a court-imposed gag order barring discussion of
most aspects of the case -- outlined a
theory involving kidnapping and human
sacrifice, in full view of two Bee journalists.

Dalton, using a map and laptop computer, showed two forensics experts artwork
that he said
depicted ritualistic killings. The paintings are on a peninsula near
where Scott Peterson said he fished alone on Christmas Eve, the day his
pregnant wife was reported missing.


Remains of mother and son were recovered within miles of the point in April.
Dalton -- as a photographer snapped flash pictures and a reporter took notes
-- said the defense team placed floats in the water near the paintings and
they drifted near where the bodies were found.


Stanislaus County Superior Court Judge Al Girolami wanted a hearing on
whether Dalton violated the gag order. But
prosecutors, who also faced a
contempt-of-court accusation by Geragos, called a truce on those issues
in late August.Legal scholar Michael Vitiello said it's not uncommon for
lead attorneys to use other lawyers as "fall guys."


In a high-profile case two decades ago, a first-chair attorney wanted to
disassociate himself from a noncredible witness by having Vitiello, a legal
consultant, question the witness in court, he said. Vitiello now is a professor
with Sacramento's McGeorge School of Law.


Perhaps, Vitiello said, Geragos hoped to use Dalton to "float a trial balloon, and
if (it) turns out to be a dud, (Geragos) says, 'It was that (guy) over there.'"


But Vitiello said there could be a host of other possible explanations for
Dalton's departure, including personal tragedy, personality conflicts or
differences of opinion on trial strategy with McAllister and Geragos. Or,
money to pay Dalton's salary may have gotten tight, Vitiello said.


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MATT DALTON
Mark Geragos
& Scott
Kirk McAllister