Lawsuit on profit in Laci slaying Case
“Sharon Rocha v. Scott Peterson and DOES 1 through 50”
Her Mother seeks to keep Peterson from benefiting
Scott Peterson, others have sought 'proceeds,' she alleges

A Complaint for the Imposition of an Involuntary Trust action was filed today in the
Superior Court, A Case Management Conference Date has been set for January 23, 2004
at 9:30 in Department 15 of the Superior Court, Judge William A. Mayhew presiding.


CASE # 841803
The mother of Laci Peterson has filed a civil lawsuit that seeks to bar double-murder
defendant Scott Peterson from making a profit in the slayings of his wife and
unborn son.

In a lawsuit filed Friday in Stanislaus County Superior Court, Sharon Rocha asked a
judge for a preliminary injunction that would transfer any income from her son-in-law
to a protected trust, which would later go to her daughter's beneficiaries.


"This is intended to prevent any waste of proceeds or profits that would be received by
defendant," said the lawsuit filed by Rocha's attorney, Adam Stewart of Modesto.


In the lawsuit, Rocha alleges that Peterson and unnamed others "have
solicited, arranged payment for, received or will in the future receive 'proceeds'
from the sale of rights to or materials that include or are based on the story of a
felony for which Peterson is charged with and may ultimately be convicted."


The order sought by Rocha would prevent Scott Peterson from "expending,
disbursing, transferring or otherwise utilizing such incomes, funds
or assets without the express authorization of the court," the suit said.


Such lawsuits are commonly filed by relatives of a homicide victim to block defendants from
profiting in the case through payments for media interviews or movie and book deals.


California had what was known as a "Son of Sam" law which required felons to
pay their victims any money they got from selling their stories. But in October,
the U.S. Supreme Court denied review of a lower court's ruling earlier last
year that found the law to be an unconstitutional suppression of free speech.


The state Legislature has since passed a law, effective last January, that gives
victims of serious crimes more time to sue criminals for damages and does not
single out income from books or movies. The law extends the deadline from a year
after a criminal conviction to 10 years after the felon's parole period has ended.


Scott Peterson, 30, has pleaded not guilty to charges he murdered his pregnant
wife, Laci, 27,and their unborn son,
Conner.  If convicted, he faces the death penalty.
A preliminary hearing has been scheduled for
Oct. 20 in Modesto.

The impending hearing comes as one of Peterson's attorneys, Matt Dalton,
has left the defense team. Lead defense attorney Mark Geragos of
Los Angeles has declined to say why Dalton left his firm.


In May, Dalton had suggested to reporters that Laci Peterson's family was burglarizing the
couple's home in Modesto when relatives removed various items, including her wedding dress.


The rift between the families further widened when Scott Peterson's parents,
Lee and Jackie Peterson, voiced frustration that they were not invited to a private
funeral in August where Laci Peterson and her unborn son
were laid to rest.

NEXT UPDATED STORY - FEBRUARY 26, 2004

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