| Judge allows Rocha lawsuit to proceed SUSAN HERENDEEN Thursday, June 17, 2004 Sharon Rocha can't stop accused killer Scott Peterson from selling his story, but she may be able to stop him from selling any items enhanced by the notoriety of his case. Wednesday, Stanislaus County Super-ior Court Judge Roger Beauchesne gave the go-ahead for a lawsuit brought by Rocha, mother of the slain Laci Peterson of Modesto. Peterson's attorney argued that Rocha's lawsuit should be thrown out. Peterson can still sell a book or screenplay about the double-murder charges he is facing, but he may have to give Rocha an accounting if he sells any assets he shared with his wife. "You can buy that fishing boat for a great price now," said Modesto attorney Adam Stewart, representing Rocha. He noted eBay online auction sales of household items belonging to convicted killer Jeffrey Dahmer, and underwear belonging to Hollywood madam Heidi Fleiss -- during their respective trials. The boat he was talking about is the vessel that Peterson said he used for a fishing trip on Christmas Eve 2002. He said his wife was missing when he returned home that day. Family members reported her missing; police believe she was already dead. Los Angeles attorney Nareg Gourjian, who represented Peterson at Wednesday's hearing, said the case should be delayed until the jury reaches a verdict in Peterson's trial, which is now under way in Redwood City. He said Peterson has a Fifth Amendment right not to testify in the civil or criminal proceedings. "He's not going to be writing any books or anything in the meantime," said Gourjian, who appeared on behalf of attorney Matt Geragos. Matt Geragos is the brother of Mark Geragos, who is handling Peterson's criminal case. Rocha's wrongful death lawsuit against Peterson and the disbursement of $256,429 from a life insurance policy have been put on hold pending the trial's conclusion. Stewart said he would not seek to question Peterson before the close of his trial. The judge said Gourjian can object if he does. "I think the court issuing a stay at this time is premature," Beauchesne said. Stewart originally tried to stop Peterson from selling his story, but he filed his complaint under California's "Son of Sam" law, which was struck down more than two years ago. The law, named after serial killer David Berkowitz, said profits from the sale of a convicted felon's story must go to the victims. The high court said the law was written too broadly and conflicted with the First Amendment's guarantee of self-expression. In February, Beauchesne said Rocha's lawsuit should be dismissed, but gave her attorney a chance to amend his filing. Stewart omitted the portion pertaining to selling a story, and Beauchesne upheld the revised complaint. The judge ruled twice, at 8:50 and 9:20 a.m. Gourjian missed the first ruling because he believed the matter, which was scheduled for 8:30 a.m., would be heard at 9:30 a.m. Gourjian said Matt Geragos will appeal the ruling within 10 days. NOT FOR PROFIT Tuesday, June 15, 2004 Matt Geragos, brother of Mark Geragos, is due in Modesto to argue against Sharon Rocha's request that Scott Peterson not be allowed to profit from Laci Peterson's death. Tuesday, Stanislaus County Superior Court Judge Roger M. Beauchesne issued a tentative ruling that overturned his previous decision to throw the case out. Rocha originally asked the court to keep any payments from book or movie deals in a trust account until a verdict is reached in the double-murder trial. The judge in February sided with Matt Geragos, who said the court must dismiss the case because it was filed under California's "Son of Sam" law, which the state Supreme Court struck down two years earlier. But Beauchesne also gave Rocha a chance to amend her complaint. Attorney Adam Stewart of Modesto now seeks to stop the sale of any items that are enhanced by the notoriety of the case. Matt Geragos could not be reached for comment on Beauchesne's tentative change of heart. RELATED STORY #1 RELATED STORY #2 HOME INDEX LACI SCOTT TRIAL WITNESS LIST NEXT ROCHA FAMILY CASE INFO |
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