PETERSON'S HEARING WILL BE
OPEN TO THE PUBLIC

August 14, 2003

Scott Peterson’s preliminary hearing will be open to the public, Stanislaus County Superior
Court Judge
Al Girolami ruled this morning.  Peterson, 30, is charged with two counts
of
murder in the deaths of his wife, Laci, 27, and the couple’s unborn son, Conner.
He has pleaded not guilty; a preliminary hearing to determine if there is enough
evidence to hold him for trial is set Sept. 9.


Girolami also tentatively set a hearing into whether Peterson’s defense attorneys
violated a
gag order issued earlier in the case when they discussed a satanic cult theory
in front of a Modesto Bee reporter and photographer this week.


He set the matter to be heard at the conclusion of the preliminary hearing
next month and directed the district attorney’s office to begin gathering
witness statements in preparation.


Wednesday,  a story ran indicating that the defense had conducted an experiment
which purportedly showed that Laci Peterson’s body could have been dropped into
San Francisco Bay from a peninsula that also houses artwork that a
defense attorney described as satanic.

That information came to light Tuesday as Matt Dalton, an attorney with lead defense
counsel
Mark Geragos’ law firm, briefed forensic experts in the lobby of the
Department of Justice crime lab in Ripon, where they were waiting to
get access to prosecution
evidence.

The gag order, issued June 12 and modified July 1, forbids attorneys and others
involved in the case from making “any statement for public dissemination”
regarding evidence and other key matters.


Girolami also said Thursday that he would hear testimony  after the preliminary
hearing to determine whether Stanislaus County District Attorney James Brazelton
violated the gag order for telling The Bee in June that he favors a preliminary
hearing over a grand jury indictment to counter misinformation and present
evidence “that might open some eyes.”


Defense attorneys cited the massive media attention around the case in asking
Girolami to close Peterson’s preliminary hearing, when prosecutors are expected to
lay out closely guarded evidence.


The defense maintains that the inevitable media attention would taint jurors and
jeopardize Peterson’s right to a fair trial.


Prosecutors favored an open hearing, but joined Laci Peterson’s family in asking the
judge to bar cameras from the courtroom.


Cameras would “thrust nervous and unwilling victims, witnesses and others into the
glaring media spotlight” and turn the trial into “entertainment for the masses,”
according to prosecution court filings.


Media attorneys noted that open court proceedings are an integral part of the legal
system and guard against potential abuse by judges or prosecutors.


ROCHA FAMILY MAKES A STATEMENT

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