JULY 6, 2004

Prosecutors say Peterson's affair drove him to kill
his pregnant wife on or around Dec. 24, 2002.


They say he then dumped her body in San Francisco Bay. Defense lawyers say
someone else abducted her near their Modesto home as she walked her
dog, held her captive before killing her and dumped her body to frame Peterson.


Geragos appeared to push his theory that the fetus was killed after birth with his questioning
of Richmond police officer Tod Opdyke, one of the first to respond to the scene.


"Did you notice … what appeared to be some tape or twine around the baby's neck?"
Geragos asked, using hand gestures to motion in a manner as if he was tying
something around his own neck. Opdyke called it "tape-like substance."


Geragos has previously charged that the fetus had something physically tied around its neck.
Prosecutors say it was simply debris from the water. Geragos then asked Richmond police
officer Timothy Gard if he found anything in the area that resembled the tape or twine
wrapped around the fetus' neck. Gard testified he searched the area for evidence.


"Anywhere along that entire ... shore did you see any plastic twine or anything that looked
consistent with the item you saw tied around the baby?" Geragos asked. "No," Gard replied.


Prosecutors then objected to the use of the word "tied."
Judge Alfred A. Delucchi said he would leave it up to jurors to determine
whether the material was tied around the fetus' neck or simply wrapped.


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