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June 2, 2004

In what defense attorney Mark Geragos called a
“linchpin in the prosecution’s case,” a Modesto police
detective allegedly lied in a report used to secure
court approval to
wiretap Peterson’s phones.

Detective Al Brocchini allegedly wrote that Scott Peterson lied about watching
an episode of “Martha Stewart Living” shortly before leaving his wife, Laci, on
Dec. 24, 2002. Peterson has told police that’s when he last saw his wife alive.


Peterson told Brocchini the episode involved cooking with meringue.

Brocchini wrote in his report that he viewed a copy of the Dec. 24 show and meringue
was not mentioned, but it was mentioned in the Dec. 23 show, Geragos said.


Brocchini testified at Peterson’s preliminary hearing that Peterson told
him part of the Dec. 24 show had “something to do with meringue.”


In dramatic fashion, Geragos played a segment of the Dec. 24 show for the
jury on two plasma screens mounted in front of the jury box. During the
show, Stewart discusses meringue while talking about Paris sweets.


“Oooh, we’re making meringue,” Stewart coos. The line
was repeated in the defense presentation for affect.


“I played it twice just in case the Modesto PD couldn’t hear it,”
Geragos said, one of several digs he directed at law enforcement.


Scott Peterson told authorities he and his wife watched an episode of
"Martha Stewart Living" before he left on a Christmas Eve fishing trip.


In a videotaped interview with Brocchini, Peterson said Stewart
and a guest discussed what to do with meringue.


Brocchini concluded that Scott Peterson was talking about a show that
aired Dec. 23, 2002, which included eight references to meringue.


Geragos played a "Dessert of the Week" segment from the Dec. 24, 2002, show for the jury
during his opening statement and pointed out that it included
one mention of meringue.

The mention of meringue did not play until after the last
commercial break and was referring to the next days show.


"I missed it," Brocchini said, adding that he did not know about the error until the trial started.

Another investigator used the meringue information, in part, to obtain a warrant to secretly
record Peterson's phone chats, Brocchini acknowledged during testimony Tuesday.


The detective said Wednesday that his primary job at the beginning
of the investigation was to rule out Scott Peterson as a suspect.


Brocchini also testified that his suspicion about the meringue story was a major inconsistency
that led him to consider Peterson, a 31-year-old fertilizer salesman, as a suspect.



INCONSISTENT STATEMENTS

LACI   SCOTT   TRIAL   ALIBI-WITNESS LIST   AMBER   WIRETAPS
Mark Geragos