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Judge Allows Interviews As Evidence
Opening Statements Set For May 17
March 22, 2004
Opening statements in Scott Peterson's
double-murder trial are set for May 17, 2004


Judge Alfred A. Delucchi also said jurors will be allowed to hear television
interviews that Scott Peterson did in the weeks after his wife's disappearance.

Defense attorney Mark Geragos had argued the interviews have no relevance in this
case because Peterson's comments are about "the continuing search for Laci ...
and Mr. Peterson's admission of an adulterous relationship."


"The prejudicial effect of admitting Mr. Peterson's media statements would far
outweigh any probative value the statements may have," Geragos wrote in a court filing.


Prosecutors allege Peterson lied several times during the interviews.

"The defendant gives statements that conflict with those he told police, initially lies about
his relationship with Amber Frey, lies about his relationship with his wife ...and makes
numerous admissions that evidence his guilt," prosecutors wrote in a Feb. 23
filing in opposition to the defense motion to exclude the interviews.


They can "show consciousness of guilt" and the "defendant's state of mind," Delucchi said in
explaining his ruling. "The court finds the probative value outweighs any prejudicial value."


Prosecutors likely will introduce as evidence four TV interviews with Peterson --
one by Diane Sawyer of ABC News and three by Northern California stations.


During the interviews, the prosecution alleges, Peterson lied about his relationship
with his wife and about being cooperative and forthcoming with police.


In court documents, prosecutors claim Peterson implicated himself
through a series of incongruous statements on camera:


-- Peterson said he fully cooperated with police and told officers on Christmas Eve
about his affair with Frey. Prosecutors claim Peterson denied his relationship
with Frey on Dec. 30, 2002 -- the day Frey first told police of the affair.


-- Peterson said he told his wife about the affair and she was "at peace" with it. But witnesses
will testify that Laci Peterson never mentioned the affair, and they "did not perceive any
evidence of the affair" in the way the couple interacted, according to a prosecution filing.


-- Before their bodies were found, Peterson repeatedly used the past tense when referring to his
wife and unborn son. He abruptly corrected himself several times. For example, Peterson said,
"She was, is amazing," and, about the son they planned to name Conner, "That was, it's so hard."


Jury selection in the case continued today and is expected to last more than a month.

Peterson could face the death penalty or life in prison without parole if
he's convicted of murdering his pregnant wife and their unborn son.


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