| Deadline missed for defense to fight judge's holdling order December 18, 2003 Scott Peterson's defense team has missed a court-imposed deadline for filing a motion challenging the order holding him for trial on double-murder charges. The lapse, however, likely will have little or no legal impact on the case, observers said. Judge Al Girolami had ordered the motion to be filed by 10 a.m. Tuesday. It had not been filed with Stanislaus County Superior Court by the close of business Wednesday, court staff said. Court officials posted a notice Wednesday afternoon asking journalists to stop calling to inquire about the document. Peterson attorney Mark Geragos did not return calls seeking comment. Geragos announced his intention to file the motion last month following Peterson's preliminary hearing. Such motions seek to set aside a judge's ruling at a preliminary hearing, arguing the prosecution presented insufficient evidence. The motions rarely succeed, legal observers said. Judge Al Girolami earlier this month ordered Peterson held for trial on charges he murdered his wife, Laci, and unborn son, Conner. Judge Marie Silveira is assigned to hear the motion Jan. 7. Under state law, Peterson's attorneys have 60 days from his Dec. 3 arraignment to file the motion, but a judge could fine Peterson's attorney for missing a court-imposed deadline, attorneys said. "Some judges are very arbitrary about deadlines," Los Angeles defense attorney Bradley Brunon said. "If there is a rational explanation for why a deadline isn't met, particularly in a complex case, most judges are understanding." HOME INDEX LACI SCOTT PRELIMINARY HEARING ALIBI-WITNESS LIST AMBER DEFENSE TEAM PROSECUTION NEWS LINKS |
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