| NATIONAL ENQUIRER - MARCH 15, 2004 Amber Won't Testify If She's Still Pregnant when called to the Stand From: RickAMorti BY DAVID WRIGHT SYNOPSIS In a bombshell decision that threatens to throw the Laci Peterson murder trial into chaos, star witness Amber Frey said she won't testify if she's still pregnant when she's called to the stand, the NE has learned exclusively. The 29 year old massage therapist was Scott Peterson's secret lover and the prosecution says being with Amber was Scott's motive for murder. But Amber is terrified that the stress of a grueling courtroom grilling by his defense attorney Mark Geragos could endanger the child she's carrying. She isn't due to give birth to her and chiropractor boyfriend Dr. David Markovich's baby until the end of April, AFTER experts believe she'd be scheduled to testify. And even though Amber wants her day in court and Scott could walk free if prosecutors lose her testimony, she's putting the health of her baby ahead of everything. "Amber has always dreaded what she knew was going to be a devastating ordeal, but she was ready and willing to do her duty and testify," a close friend told NE. She and Dave know what she faces as Scott's defense team tries to discredit her- and they aren't prepared to risk the stress of it affecting the well- being of their child. 'Now all she can think of is the health of her unborn son." "They are adamant," Dave has told family and friends, "She will not testify while she's pregnant. It's not going to happen. I know no one is going to be pleased, but it's not a game- our baby's life could be at stake." Amber has had to live for a year with the knowledge that she's going to be attacked and have the most intimate details of her personal life laid bare when she faces defense cross-examination. "Now the trial is scheduled to begin when she's almost full term, and it's taking place 150 miles away from her home- and her doctor. "She told friends, I'm not going to give birth to my son in a courtroom." There's not much the prosecution can do to force Amber to testify if she doesn't want to, according to a legal expert. "If the judge ordered Amber to testify at a certain time and she refused, then he could hold her in contempt and she could face a fine or even imprisonment," said Craig Silverman, prominent defense attorney who is not involved in the case but is following it closely. "But that's unlikely because the prosecution would have to ask the judge to take that action - and the last thing they would want is to risk alienating their star witness." Or, testimony from Amber could have to be postponed until she is fully recovered from the birth. And the amazing new twist in the case could turn the trial into a nightmare for both the prosecution and the defense, said Silverman. "Any trial is a stage production, and the prosecution benefits by being able to determine when to bring on the most important witness for the maximum effect on the jury. They certainly don't want that witness dictating when she's going to testify. The bizarre situation is further complicated by Amber's plans to breast feed her new baby, the NE has learned. "On the defense side, Mark Geragos knows Amber is going to dish the dirt on Scott Peterson," said Silverman. "It would have been tough enough on Geragos if she was obviously pregnant in the witness box. But he's going to lose the sympathy of the jury if he attacks a fragile young Mom-especially if she has to take breaks to breast feed her baby." "If Amber isn't deemed ready to testify during the prosecution presentation to the jury, the judge could allow her to go on the stand after the defense begins its case." "It would destroy the entire rhythm of the case and both sides would scream bloody murder-but it has happened in other cases." "It's so ironic. A trial that revolves around the murder of a young mother and her unborn baby could be thrown into chaos by another baby altogether!" In a heartrending coincidence, Amber and David made their decision just as she reached the same advanced stage of pregnancy where 27 year old Laci was when she disappeared on Christmas Eve 2002. Highlighting the importantance of that decision-which Amber didn't tell police about-was the February 23 revelation by prosecutors that they will try to show she was the motive for Scott's murder of Laci. The tapes of Scott and Laci's phone calls, that she bravely recorded will be played to the jurors at the trial after Amber gives her testimony. But despite the crucial importance of Amber's testimony, no one close to her believes prosecutors will be able to get her to change her mind, the NE has learned. "She is very stubborn, very self-centered and she's not frightened by anyone," another friend told NE. "Plus she now has Dave backing her up- and he's as protective as any man would be about her and the baby they're having together." Jury selection for the Peterson trial in Redwood City, California, was expected to start March 4 and is expected to last at least four weeks. That means opening statements would start no earlier than April 1, " a source told NE The logical time to put Amber on the stand would probably come a couple of weeks into the trial-at a time when she'd be almost ready to give birth!" WIRETAPS ***************** Note: MARCH 4, 2004 - (DATE THIS ARTICLE WAS POSTED...) GLORIA ALLREAD WAS ON FOX NEWS STATING AMBER WILL TESTIFY. HOME INDEX LACI SCOTT AMBER TRIAL NEWS MAGAZINES EVIDENCE-NEWS |
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| LACI & CONNER May The Truth Be Told |
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