Peterson leaves courtroom before pathologist testimony
November 17, 2003

Note: This story contains autopsy information that some readers may find too graphic.

An autopsy on Conner Peterson showed decomposition and tidal action likely released his
body from his mother’s womb after she was submerged in San Francisco Bay, but the pathologist
who examined the bodies testified Monday he could not rule out that the baby was born alive.


Two analysts who examined Conner’s remains also estimated the fetus was more than
32 weeks old when it was killed, said Brian Peterson, a forensic pathologist with Contra
Costa County and the first witness to take the stand Monday in Scott Peterson’s
preliminary hearing on double murder charges. The two are not related.


A doctor who examined Laci Peterson Dec. 23, the day before she was
reported missing, estimated she was 32 weeks pregnant.


Scott Peterson came under intense police scrutiny almost immediately after his pregnant wife
was reported missing Christmas Eve, making it more difficult to argue he could have killed
her sometime after that date.
Prosecutors contend Scott Peterson murdered his wife, Laci, and
their unborn son late on Dec. 23 or early Dec. 24. He could receive the death penalty if convicted.


Laci Peterson’s family members, including her mother, stepfather and brother, did not appear in
court for the forensic pathologist’s detailed testimony about the conditions of the bodies. They
have sat in the front row during almost all of preliminary hearing that today entered its 10th day.


Scott Peterson also asked to leave the courtroom before the doctor took the stand.
His defense attorney, Mark Geragos, said he encouraged his client to waive
his right to be present during that particular testimony.


When Judge Al Girolami asked Peterson if it was his desire to leave the courtroom
during that section, he replied: “Yes, I do not wish to be present during this witness.”
His
parents, Lee and Jackie Peterson, remained in the courtroom.

Laci Peterson’s remains were severely decomposed. Her head, hands, feet and
part of her lower left leg were missing, Brian Peterson testified. He said there was
no sign of cuts or bullet wounds.  And testified that the water had washed away any
evidence of how Laci  was killed by the time her body was found. 


He said he could not determine if three of her ribs were broken before or after she was killed.
The coroner ruled the death a homicide, but did not offer a cause.


Almost all major internal organs were gone, leaving the torso skeletal, Brian Peterson said.
The only internal organ that remained was the uterus,  still attached to her empty midsection
after months in the water, he said, adding that there were no indications it had been cut.


“My belief is that (the) uterus was intact at the time this body was deposited in the water,”
Brian Peterson said. “I believe Conner was in that uterus.” He also said there
was “no signs” of a vaginal birth.
But under cross examination by Geragos,
Brian Peterson said he could not rule out that Conner Peterson had been born alive.


His remains showed considerably less decomposition than hers, a phenomenon Brian Peterson
said could be attributed to the baby’s body remaining protected inside the womb until a few
days before it was found.  There was ¼-inch of umbilical cord attached to the fetus. The end was
tattered and frayed, which is consistent with tearing but not cutting, Brian Peterson said.


In his report, Brian Peterson indicated that Conner appeared to be nine months old
at the time of death.
A forensic anthropologist who examined the remains later
and measured bones estimated the age at between 34 to 40 weeks, with
most bones estimated at being 35 weeks old or higher, Brian Peterson said.


Geragos also pointed to a bag found with duct tape attached to it in “the vicinity” of the bodies.
The remains were found in April just over a mile apart along the bay’s eastern shoreline.


Brian Peterson testified He testified that Conner had a gash in the chest and tape around
his neck, but was in relatively good condition, leading him to conclude it had probably
only recently emerged from the mother when the bodies were found a day apart in mid-
April, and that the 1½ loops of plastic tape around Conner’s neck,  was ocean debris.


Geragos suggested the variance in decomposition between the bodies could be
attributed to the bag being placed on Conner and secured with the plastic tape.


“I think that’s possible, I certainly don’t think it’s likely,” Brian Peterson said. “It’s not my top choice.”

Based on measurements of the child's remains, Dr. Peterson originally believed it was a
full-term fetus, but he later said the prolonged submersion had probably swollen the
body. He said an anthropologist estimated the fetus to be 33 weeks to 38 weeks old.


Geragos pressed the doctor about a strip of plastic tape that looped loosely around the baby's
neck and was knotted around one shoulder. He asked if it could be
related to a bag found nearby
with duct tape on it and suggested the bag could have protected the child's body from the sea.

Dr. Peterson said he believed the fetus had become entangled in flotsam
or jetsam and that the tape hadn't even caused any damage to the skin.


"This baby would have had to be swimming to get this tape over the
head and around the arm," Geragos said in disbelief.


"I agree it's unlikely that that baby would swim," Dr. Peterson replied.

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