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Did hairs found in Scott's
boat belong to Laci?

DA to present more DNA evidence this week
September 7, 2004
By Jason Dearen, STAFF WRITER


Testimony in the Scott Peterson double-murder trial turns technical this
week, as the prosecution's focus shifts to the
DNA analysis of their only
physical evidence: hairs found in the Modesto man's fishing boat.


In a capital murder case with no cause of death, murder weapon
or crime scene, the
prosecution hopes these strands of hair will convince
the jury that Peterson
used his boat to dispose of his pregnant wife's body.

Investigators searching Peterson's warehouse found the hairs attached to needle-nose pliers under a
seat in the boat he took out on San Francisco Bay Dec. 24, 2002 -- the day Laci Peterson
disappeared.

The bodies of Laci and their unborn son washed up on the Bay shore four months later.

The two strands of hair are the district attorney's only evidence
placing the pregnant woman inside her husband's boat. And this week, they
will present to jurors a disputed method of DNA identification to prove it.


Because the hairs collected had no roots, the prosecution is relying on mitochondrial DNA
-- instead of the more reliable nuclear DNA -- to prove that the hair is Laci Peterson's.


A prosecution expert described the difference between mitochondrial and nuclear DNA
at the preliminary hearing last year: nuclear DNA is found in the nucleus of a cell and
can be used to uniquely identify tissues. Mitochondrial DNA is found in other areas
of a cell and can be used to identify a person, and is therefore less accurate.


Hence, using mitochondrial DNA, FBI analysts can exclude Scott Peterson as the hairs' owner, but
cannot say with scientific certainty that the hairs found in the fertilizer salesman's boat belong to Laci.


Defense attorney Mark Geragos attempted at the preliminary hearing to get Stanislaus County Judge
Al Girolami, the judge on the case before it moved to Redwood City, to toss the DNA evidence. But
mitochondrial DNA is used as evidence commonly in trials throughout the United States, legal experts say.


How did the hairs get there? But even if prosecutors are able to convince
the jury that the hairs are Laci's, legal experts say the defense will not have
a hard time providing reasonable explanations for how they got there.


For example, according to the testimony of Christopher Boyer, a scent-tracking dog handler, Peterson
said in an interview that Laci often wore his jackets when she walked their dog, McKenzie. Geragos
will argue that the hair could have been attached to Peterson's jacket and fell off in the boat.


In addition, prosecutors argue that Laci Peterson never knew about Peterson's fishing boat because
he planned to use it in his murder plot. But, according to the testimony of Modesto Police Detective
Al Brocchini, a lead investigator on the case, a witness in Peterson's warehouse complex said
she saw Laci Peterson there in December, after her husband had bought the boat. Geragos has
highlighted that as another way in which Laci Peterson's hair may have gotten into the boat.


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