Scott's attorney
wants $15,000 returned

November 20, 2003

Stanislaus County Superior Court Judge Al Girolami plans to hear arguments on
releasing two pieces of evidence Dec. 3, when Scott Peterson is to be arraigned
on the double-murder charges upheld Tuesday at his
preliminary hearing.

Defense attorney Mark Geragos asked prosecutors to release the$15,000 cash Peterson had
with him when he was arrested and Peterson's Ford pickup, which police seized in December.
It's an expensive task for the family to fund this, he said. It isn't going to get any less expensive.

Prosecutor Rick Distaso opposed the move, saying both
items are evidence he intends to introduce at trial.


Chief Deputy District Attorney John Goold, who serves as a spokesman for the district
attorney's office, said physical evidence can have more impact on jurors than photos of the
items.  Geragos also indicated he would file motions to move the trial and to ask another
judge to overturn Girolami's Tuesday order because of insufficient evidence.
The change of venue motion will be filed Dec. 3, Geragos said in court.


Girolami indicated he also plans to revisit a gag order he imposed in June that bars
people connected to the case from speaking publicly about it. Geragos, citing the gag
order, refused to say outside court why he wants the trial to be held elsewhere.


Asked about Girolami's idea to bus jurors from San Joaquin County to Modesto, which
was done in a previous murder trial, Geragos said people in neighboring counties are in
roughly the same media market and exposed to the same or similar news reports,
presenting a bias problem for defendants.


Goold suggested that the case had blanket exposure.

People are watching this from coast to coast, he said, but added that prosecutors
would not seek to have the trial held in a location with a biased jury.
That doesn't work for anybody, Goold said.


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