Defense suggests planted evidence, questions handling
Tuesday, November 4, 2003

One of Scott Peterson's defense attorneys suggested in court Tuesday that
police may have planted evidence to frame the former
fertilizer salesman.

Defense attorney Kirk McAllister also raised questions about the handling of evidence at
Scott and Laci Petersons' Covena Avenue
home, and one of the first officers to enter the
house testified Tuesday that he did not see moisture on any of the floors
and did not smell bleach or other cleansers.


But the target of the defense strategy appears to be Modesto police Detective Al Brocchini.
He is expected to testify
Wednesday.

During the fifth day of testimony in Peterson's hearing on double murder charges,
McAllister peppered the first officer on the scene with questions about Brocchini.


McAllister asked Detective Jon Evers, who was a patrolman when Laci Peterson was
reported missing Christmas Eve, whether he was with Brocchini "all the time" as officers
looked through Peterson's home that night and then searched a Modesto warehouse
Peterson used for his business and to store his boat.


"Were weren't attached at the hips, no," Evers said.

McAllister also asked Evers if he had ever seen Brocchini leave anything in Peterson's
pickup, house or boat.
  Evers answered no to the questions.

Brocchini is at the center of a pitched legal battle over a single piece of hair found attached
to
pliers in Scott Peterson's boat. The hair could be a key piece of evidence linking Laci
Peterson's body to the boat. Prosecutors contend Laci Petersons' body was in the boat
sometime before Dec. 27, and will likely argue Peterson used it to
ferry her body into San Francisco Bay.


Her body and that of her son were found in April along the bay's eastern shoreline.
Scott Peterson is charged with murdering his wife and unborn son


The defense is also trying to keep the hair out by arguing the DNA test that showed it
could not have come from Peterson but may have from his wife is unreliable.


In court documents, the defense contends Brocchini and another detective mishandled
the evidence, reporting they found two hairs rather than a single strand


Prosecutors contend the hair simply broke in the evidence bag.


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PRELIMINARY HEARING - DAY 5
Questions to Officer Evers
Kirk McAllister