| Appeals court halts unsealing papers in Laci Peterson case July 30, 2003 Search warrants and investigative documents in the Laci Peterson murder case will remain sealed under a state appeals court ruling Wednesday that overturned a Modesto judge's order. The 5th District Court of Appeal said for the second time that releasing the documents would prevent Scott Peterson from getting a fair trial in the killings of his wife and unborn son, and could hinder any ongoing investigation in the case. A Stanislaus County Superior Court judge ordered the documents unsealed last month after reconsidering an earlier ruling that was partly overturned by the appellate court. A lawyer for California newspapers and broadcasters argued that the arrest of Peterson in April and the lack of other suspects justified the release of the documents, which are usually made public 10 days after a police search. Judge Roger Beauchesne, who reviewed evidence at a closed hearing, ruled June 12 that defense lawyers had failed to support their claims about other suspects in the case and said that unsealing the papers would not harm Peterson's right to a fair trial. Defense lawyer Mark Geragos appealed the ruling to the appellate court in Fresno. The appeals court said releasing the search warrants would be followed by publicity in all media forums, including endless commentary on television predicting strategies and outcomes. "How a fair trail for both parties – and particularly how an untainted jury could be found anywhere – in the aftermath of such a frenzy escapes us," the court wrote in its 10-page decision. A coalition of media organizations could appeal Wednesday's ruling to the state Supreme Court, but no decision has been made, said lawyer Charity Kenyon. "We're disappointed, that's no surprise," Kenyon said. "Obviously, the Superior Court judge and the court of appeals are seeing things differently." Peterson, 30, a Modesto fertilizer salesman, could face the death penalty if convicted. He has pleaded innocent to two counts of murder. He has been held without bail since his arrest in April after the remains of Laci Peterson and their unborn son washed ashore in San Francisco Bay near where he said he was fishing on Christmas Eve when his pregnant wife disappeared from their home. Police used search warrants to seize Peterson's truck, boat and trailer and remove dozens of items from the couple's home as the disappearance went unsolved for nearly four months. The eight search warrants and related police reports Beauchesne ordered unsealed are among more than a dozen documents that have been sealed as the case heads toward a September preliminary hearing in which prosecutors must show a judge they have enough evidence to go trial. The case is Peterson v. Contra Costa Newspapers Inc., et al, F043260. HOME INDEX LACI INDEX SCOTT INDEX LACI'S FAMILY EVIDENCE-NEWS MAGAZINES PETERSON FAMILY DEFENSE / PROSECUTION |
| LACI & CONNER ALWAYS IN OUR HEARTS |
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