| Judge issue takes a turn in Peterson trial By Brian Anderson CONTRA COSTA TIMES January 24, 2004 Scott Peterson was whisked out of town in secret Friday and moved to Redwood City in preparation for his upcoming murder trial. His move to San Mateo County came the same day his trial start day was postponed, as questions over which judge will hear the trial are worked out. He was booked at 2:41 p.m. wearing red shirt and pants and was taken to the San Mateo County Jail's maximum security area, said Bronywn Hogan, spokeswoman for the San Mateo County Sheriff's Office. "He was very cooperative, very polite," Hogan said. He politely said goodbye to the Stanislaus County deputies who drove him, she added. In a hearing Friday morning in Modesto, a Stanislaus County judge said Contra Costa County Judge Richard Arnason might not be off the Scott Peterson case after all, after a defense attorney said he will fight a prosecutor's request for Arnason's removal. Judge Al Girolami delayed the start of Peterson's murder trial from Monday to Feb. 2 after Los Angeles attorney Mark Geragos said prosecutors were too late in filing their challenge to Arnason. State Chief Justice Ronald George removed Arnason from the case Thursday after Rick Distaso, a Stanislaus County deputy district attorney, said prosecutors could not get a fair trial with Arnason on the bench. They are not required to and did not cite their reasons for the action. The challenge came a day after George appointed Arnason to hear the case, which was moved from Modesto to Redwood City because of massive publicity. Geragos told Girolami on Friday that prosecutors should have filed the action the day Arnason was appointed. Waiting to file the challenge until after Arnason took control of the case ran afoul of court rules, he said. Arnason already took control of the case, Geragos said, when he called Distaso after being appointed to set up a hearing Monday in San Mateo County. Arnason told Distaso to inform Geragos of the meeting and that the Friday hearing in Modesto was no longer needed. Geragos accused prosecutors of changing their minds after reading newspaper stories about Arnason's lengthy career, which included accounts of Arnason sympathizing with defendants. "I understand (his opposition is) an inconvenience on everyone involved," Geragos said, adding that he wanted Girolami to continue sitting as judge in the case. "Everyone sitting here in the room has history with the case and I would like to see it through." Distaso disagreed with Geragos, saying the challenge was timely. "I disagree with the entire characterization," Distaso said. "I don't think anything is improper here." Michael Tozzi, Stanislaus County's executive court officer, said George was examining a second list of judges and would decide on Tuesday or Wednesday whom to appoint. Geragos accused George of "micromanaging" the case, which could some day end up before him and the rest of the state Supreme Court on appeal, he said. HOME INDEX VENUE INDEX LACI SCOTT CONNER EVIDENCE-NEWS PROSECUTION-ATTORNEY PICTURES |
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