| SCOTT'S DEFENSE TEAM WANTS EVIDENCE OUT October 7, 2003 Scott Peterson's defense is alleging two detectives mishandled key evidence -- a single "black-colored hair" attached to a pair of pliers found in Peterson's boat -- after a second strand of hair appeared before the items were taken to a crime lab. Peterson's attorneys want the judge to keep the hair and a range of other evidence out of the double-murder case, according to more than 70 pages of documents faxed to Stanislaus County Superior Court late Monday. DNA tests have shown the hair may belong to Peterson's wife, Laci, a source said before a sweeping gag order was imposed in the case. The defense also is seeking to exclude testimony from a hypnotized neighbor and evidence from tracker dogs and GPS tracking devices hidden in vehicles Peterson owned, rented or borrowed from family members, according to the defense documents. Prosecutors could not be reached Monday evening. Attorneys on both sides have routinely declined to comment on developments in the case, citing the gag order. Prosecutors are scheduled to file written responses to the defense motions on Monday. The hair could be a critical physical link. Police found a single 5- to 6-inch hair in a pair of needle-nose pliers at the bottom of Peterson's boat during a Dec. 27 search of a warehouse he used for his business, according to the defense documents. The pliers were photographed with "one hair and a specific numbered placard in the picture." Multiple police reports refer to a single hair being found, the defense contends. Detectives Al Brocchini and Dodge Hendee "spontaneously decided to review" the hair Feb. 12, lead defense attorney Mark Geragos wrote in the documents. "These two Modesto Police officers supposedly found a second strand of hair while reviewing the evidence alone and without any supervision by a criminalist or lab technician," Geragos wrote. The two hairs were submitted to a state Department of Justice crime lab the next day along with two of Laci Peterson's hair brushes, according to the documents. Aside from arguing that a "complete break in the chain of custody" tainted any information obtained from the hair, the defense contends the specific DNA tests used are relatively new and unreliable. California case law requires a three-part test to determine if new scientific techniques are admissable in court: -Whoever wants to introduce evidence must establish the method is generally accepted by the scientific community. -The witness testifying about the reliability must be qualified. -The proponent must demonstrate that correct scientific procedures were used in this case. The defense contends testing mitochondrial DNA -- a practice the Federal Bureau of Investigation first employed in 1996 -- is inaccurate. The defense intends to use similar arguments to say GPS tracking evidence is scientifically unreliable and should be kept out of court. Police used global positioning system equipment to track Peterson's vehicles from about Jan. 3 to April 22, four days after Peterson was arrested, the defense contends. A letter to police from Orion Electronics Ltd., the company that provided the tracking devices, noted there were "strange occurrences" with the tracking information but said "you may be confident the vehicle was in the general areas indicated." The defense contends that the tracking devices could not get signals from satellites for stretches lasting "several hours." Geragos also is trying to prohibit testimony from Kristen Dempewolf, a woman from Peterson's La Loma neighborhood who police had hypnotized. Geragos contends authorities did not follow California's strict legal requirements for hypnotizing a witness, including accurately recording her pre-hypnotic memory and having the hypnosis conducted by a qualified professional without law enforcement present. Dempewolf was hypnotized by Dale Pennington, a clinical psychologist at Behavior Analysis Training Institute, according to the documents. The institute is based in Santa Rosa. Geragos wrote that "there simply is no indication that Dr. Pennington is 'experienced in the use of hypnosis'" as required by law. Pennington also trains law enforcement at the Santa Rosa Regional Criminal Justice Training Center, according to the defense documents. Geragos also wants Judge Al Girolami to exclude evidence from dogs that track human scents, arguing there has been no California cases where evidence from dogs tracking victims, rather than suspects, has been admitted. Police said a tracker dog indicated Laci Peterson had left the home in a vehicle rather than by foot. That dog appears to be a bloodhound named Merlin. The defense specifically requested information about Merlin and his handler, Cindee Valentin, a volunteer with the Contra Costa County Emergency Services Search and Rescue Unit, a division of the sheriff's department. HOME INDEX SCOTT LACI EVIDENCE & NEWS STORIES WIRETAPS INDEX AUTOPSY INDEX INCONSISTENT STATEMENTS |
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