The Murder of Laci Peterson: The Verdict - Full Episode (S1, E5) | A&E

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<i> [ominous music]</i> <i> - Laci Peterson's body turns up</i> <i> precisely where Scott Petersn said he was fishing.</i> <i> There is no decent non-incriminating explanation</i> for that except that Scott killed her. - One interpretation of that could be "well, he must've done it. It's not just a coincidence." But on the other hand, he had a reasonable explanation as to why he was in that area. <i> He had been someone who would</i> <i> occasionally just on a spur of moment take off</i> <i> and go fishing.</i> - A--A logical defense would be "Listen, "I said I was at that marina. Someone killed my wife and then is trying to frame me." <i> ♪ </i> <i> - The thing about this trial, it was circumstantial.</i> So there's no smoking gun and everybody wants a smoking gun. <i> - I can't think of one individual piece of evidence</i> that would be an 'aha' moment for a juror in this case. <i> This case was just built brick by brick, until finall,</i> you just see the full picture on what it actually was. <i> - A case that is trying to be</i> alleged to have occurred at home or in his vehicle or in his boat would've rendered a tremendous amount of physical evidence. - Scott Peterson's defense attorney opened his case with an admission that his client is a cad for cheating on his wife, but there is no evidence, Mark Geragos said that Scott Peterson is a killer. <i> - The case was tried on the street corner by the media.</i> <i> It was tried by a media</i> <i> that has absolutely no rules in terms</i> of what evidence is admissible and what is inadmissible. - And I'll tell you what, Larry. I'll take a circumstantial evidence case any day, above even a direct evidence case, because those are cases that deal with common sense and that's what this case is about. <i> - Circumstantial evidence... just as powerful</i> <i> under the law as direct evidence.</i> For instance, when you come to work in the morning, it's bright and sunny outside. But when you step out at lunchtime it's dark and gray, there are pools of water on the street; women are rushing by with their raincoats and men are shaking their umbrellas. You don't have to see the storm to know it rained while you were inside. You can figure it out. <i> - Ted Rowlands, when does this trial end?</i> <i> - Well, accordig to the judg,</i> they should start closing arguments November 1st and 2nd. The jury should get the case on November 3rd, the day after election day. <i> - He won't let them get it on election day, will he, Chuck?</i> <i> - No, that's not gonna happen.</i> <i> 'Cause it's gonna be broadcast on live TV.</i> <i> - You realize what a dilemma</i> that would be for the-- for the CNN? It's election night and when are we getting-- we're waiting for Iowa. Iowa's the key state. The jury's coming back. We split screen. <i> [dramatic music]</i> <i> ♪ </i> <i> - From the very beginning in this trial,</i> <i> Mark Geragos and his defense team had the upper hand.</i> <i> Mark would hammer away and lead</i> <i> people to believe that</i> "Man, this prosecution really doesn't have a lot of evidence." <i> ♪ </i> <i> - Perhaps a sign of trouble for the prosecution.</i> - ...It's flunking, uh, prosecution 101. - 'Cause they're saying, you know, they're putting this jury to sleep with minutiae. - They are three months into this thing, and the prosecution's case was sort of boring, <i> and it was boring up until the</i> prosecution's witness, Amber Frey. - First thing I learned about Amber Frey surprised me because of the media coverage made it seem like Scott was having this <i> huge affair with Amber Frey.</i> He saw her a total of four times, <i> and this was over about a six-week period.</i> I thought, "We'll get that across the jury." <i> So then we get the tapes.</i> <i> - Amber Frey was a character witness.</i> Anything that she had to say challenged Scott Peterson's character and the kind of husband he was. That's the extent of her role, but of course that--that's not how it played out. <i> - Amber Frey, the woman Peterson was having</i> <i> an affair with, has not yet been called as a witness.</i> <i> - When all the media frenzy</i> started about my personal life, <i> I knew I needed help.</i> My dad calls me and said, "I have a number of an attorney you need to call." She was on Fox News. - She has done the right thing. She has called the police; she has volunteered to tell them all the information that she knows and she hasn't done what she could have done, which is make a whole lot of money off of this by selling the photos. <i> - There's a woman who's in a relationship with a man</i> that she thinks is single, and has had literally less than <i> a handful of dates with him.</i> <i> She could've easily just walked away</i> from the whole thing, but obviously was hurt by it and felt that she had to help make <i> the case for the prosecution.</i> <i> And then you get her in the hands of an attorney</i> who sees the opportunities in that story. - I felt for her. She looked to me as though she was a completely innocent victim in all of this. - Prior to that, I didn't know who Gloria Allred was. <i> - Allred's past clients include Brenda Van Dam, whose</i> <i> daughter Danielle was kidnapped and murdered,</i> <i> and Denise Brown, the sister of OJ Simpson's</i> <i> murdered wife, Nicole.</i> <i> - She had the legal background.</i> <i> She had the background in how to handle the media.</i> Also, she was a single mom and not somebody that was going to take advantage of me. <i> - There were a couple of stereotypes that concerned m.</i> <i> One had to do with the fact</i> <i> that she was a massage therapist,</i> and in addition the fact that she had been dating a married man. <i> So, helping her to make sure that the truth was known abot</i> her was important and I felt that I could assist her in that regard. <i> ♪ </i> - There were a number of people who leaked to the tabloids <i> suggestive photos of her that were very unflattering.</i> - Amber was treated pretty badly by the media. <i> They said she was very inferior to Laci--</i> <i> she was not as pretty,</i> <i> not nearly as intelligent,</i> and on the other hand she was this victim. <i> - That's what Gloria Allred does, right?</i> That--that's her shtick is the women are--are victims. <i> So, that's not terribly surprising that Miss Frey</i> <i> was made into a victim.</i> - Amber is a victim as well as a witness. She is a victim of Scott Peterson's deception. Victims are entitled to attorneys, as are witnesses. - It's like if you've got a Shakespearian tragedy, or you've got a Greek tragedy, there's certain rules that apply to all of them. And one of the things about these tabloid murders is that at a certain point, you will probably see Gloria Allred <i> come forth with a young woman.</i> - Sometimes unscrupulous people tend to try to exploit witnesses for their own purposes. That is not going to happen in this case. - She was perfect. <i> - I think bringing Gloria Allred in</i> ratchets up everything in this case. <i> - Amber Frey, the expectation that well,</i> maybe that's the witness... - Right. Mm-hm. - That will turn the momentum around. <i> - We all hope she testifies, at least those of us in</i> <i> television land, because it's going to be fascinating.</i> <i> ♪ </i> <i> - A long-awaited moment of truth</i> <i> in the Scott Peterson trial.</i> <i> Tonight his mistress comes forward to provide</i> <i> a possible motive for murder.</i> - The first day of trial, even getting there, <i> my heart was racing, and I was so scared.</i> <i> I was escorted by the Modesto police department</i> <i> and someone yelled out,</i> "God's with you." <i> ♪ </i> Really powerful. <i> ♪ </i> <i> I remember the doors opened, you could hear a pin drop.</i> <i> It was so quiet.</i> <i> ♪ </i> <i> You could hear everybody's bodies shifting</i> <i> as I'm walking in.</i> <i> Two years had passed. So this was the first time</i> <i> face-to-face that I had with Scott Peterson.</i> My time was focused on the questions and answering them truthfully. <i> - Amber Frey spent most of the day</i> <i> on the witness stand testifying about</i> <i> her intimate relationship with Scott Peterson.</i> <i> On their first date, the two ended the night</i> <i> at the Radisson Hotel in Fresno.</i> <i> - I remember them showing pictures of Scott and Amber</i> <i> and it was just nauseating to me.</i> - The trial changed dramatically with the prosecution's star witness, Amber Frey, and she knocked it out of the park. And it wasn't actually Amber Frey as much as those recordings. <i> ♪ </i> <i> - Amber came across as one of the most</i> credible people you could ever hear testify, <i> and Scott Peterson on those recordings</i> <i> came across as one of the biggest liars</i> one could ever hear. <i> - The single greatest issue was</i> when they were having the vigil, I believe it was, for Laci. <i> ♪ </i> - He's still playing a game. I'm like, "Wait a minute. You know, something's not right here." <i> ♪ </i> <i> - It was insanity.</i> Everyone in that courtroom was just thinking, "Oh my God." Everybody turns and is looking at this guy thinking, "Dude, you're insane." And boom! Now, now he's guilty. <i> ♪ </i> <i> - When I started to think that</i> <i> Scott was guilty</i> was when Amber Frey came. <i> To hear the tapes you saw that it wasn't hard for him to lie.</i> He was trying to have both a wife disappeared, and he's trying to find her, supposedly, and at the same time he's-- he's still trying to lead Amber Frey on. - To me it's all signs of guilt, that what he wanted really in life was to still be the womanizer and not have the responsibility of a child. - It raised the question, "Well, he's not honest, so could he be lying about everything else?" - My emotions at the time were kind of disgust. <i> It was a betrayal.</i> But I felt it was so unnecessary and not proving anything about a murder. I mean, we all know he had an affair. That's not the issue here, you know? The issue is about Laci, and I don't think the two are connected whatsoever. - I mean, he was a serial liar. That's what did him in. <i> ♪ </i> - I listened to those tapes over and over and over. Uh, they're like a fine wine. There's no time limit; they just get better and better. <i> ♪ </i> <i> - Today, the court released audiotapes when Modesto polie</i> <i> began secretly recording the couple's conversations.</i> <i> Frey would soon start pushing Peterson</i> <i> for answers about Laci. Frey said...</i> <i> Petersn responds..</i> <i> - Amber was definitely trying to</i> <i> catch him in lies, but at the end of the day,</i> Scott never incriminated himself in anything that had to do with Laci's disappearance. In fact, it was just the opposite. <i> ♪ </i> - "I need to find Laci." I mean, that's what he was saying to her. But she kept pursuing him because she was working for the police and Scott didn't know that, you know. So, you know, he continued to take calls and make calls. <i> ♪ </i> - Amber, you could tell, was trying to get him to say something about his wife, and he never did, but he came across as such a creep. <i> - Laci Peterson's mom and stepfather were so tired</i> <i> of listening to the audiotapes,</i> <i> they left the courtroom late this morning</i> <i> and never returned.</i> - All the tapes were very impressionable on me. <i> It just really showed what a monster he was, just how</i> <i> easy it was for him to lie.</i> <i> - You could feel the anger</i> at Scott at that point from the jury. <i> That turned everything around.</i> <i> - The prosecution, they had momentum.</i> <i> Amber Frey gave them new momentum, so what they</i> had lost early on they regained. <i> - Prosecutors will likely argue Peterson killed</i> <i> Laci at their Modesto home, and the next morning,</i> <i> drove the body over 90 miles to the Berkeley Marina.</i> The key for the prosecution is putting all the pieces of the puzzle together. - The theory was that he smothered her to death, wrapped her up in a tarp, and then put her <i> in the back of his truck.</i> <i> - And then took her out into the Bay</i> and somehow got this 150-pound pregnant woman with five 8-pound anchors attached over his boat. <i> ♪ </i> <i> - She was thrown into the cold, choppy water.</i> I mean, I don't even know if she was alive at that time. Was she thrown in the water alive? - And that's how Laci was left. Was dumped, like trash. <i> ♪ </i> - ...Scott Peterson's trial is still moving forward. Today the jury's hearing more evidence from the prosecution. <i> - This commercial fisherman told the jury</i> <i> how a 150-pound fish</i> <i> could be tossed out of a smal fishing boat</i> <i> without capsizing.</i> <i> And if you could wrestle a big fish</i> <i> out of a boat successfully,</i> <i> prosecutors believe Scott had no trouble</i> <i> dumping Laci's body.</i> - Mark came up with a plan to purchase a boat that was similar, the exact same boat that Scott had, <i> to show that it was an impossibility</i> <i> for Scott to have</i> dumped the body overboard without the boat tipping over. <i> - I took one of the kids who worked for me</i> <i> and we went out to the Bay,</i> and I had him try to throw a 100-pound weight out of the boat. <i> - Geragos wanted to show the jury that taking a 150-pound</i> <i> pregnant woman and attaching 8-pound weights to each of hr</i> <i> limbs and around her neck, and then getting her over</i> <i> the side of a 14-foot boat without leaving any scratch</i> <i> marks and without tipping that boat over,</i> is impossible. Denied! Denied. - We did it four times. He almost drowned three. You can't throw a hundred-pound weight out of that boat and not have the boat capsize. <i> Well, Judge Delucchi, he excluded that.</i> <i> - The Peterson trial is</i> <i> turning from wiretap conversations to K9 searches.</i> <i> - Scott Peterson trial focused on</i> <i> a tracking dog named Trimble.</i> <i> A dog handler with 20 years of experience had the jury</i> <i> captivated as she described how her dog successfully hit</i> <i> on Laci Peterson's scent down a boat ramp in Berkeley,</i> <i> the same boat ramp Scott Peterson used to launch</i> <i> his boat on Christmas Eve.</i> - The handler's testimony was that the dog picked up on Laci's scent, <i> and she was basically asserting that her dog could</i> follow a human scent that was in a vehicle. <i> - It's certainly good evidence</i> for the prosecution, because if you believe dog tracking, it puts her right at the marina. <i> ♪ </i> <i> - The handlers testified that</i> their dogs had hit on a scent of Laci at the marina: proof positive Laci had been at the marina, must've been in the boat, into the bay. The very next day, evidence is presented that those dogs had failed their certification tests. - Her dog had failed on 2 prior occasions. We found a videotape of the dog going in the wrong direction during the certification process. <i> - The defense tried to discredit the damning evidene</i> <i> by suggesting there could have been</i> <i> a cross-contamination of Laci Peterson's personal items.</i> - With dog handling evidence, they take the scent of the person the dog is trying to find and they let the dog smell it, then the dog tracks it. In this case the piece of evidence they used was compromised, 'cause Mr. Peterson had touched it too. <i> Another dog with a different handler couldn't find</i> <i> any evidence of the crime scene.</i> <i> This dog handling evidence is not science.</i> <i> It's not DNA or fingerprints. It's junk science.</i> <i> - That some dog</i> could be put at the edge of San Francisco Bay days later, and--anybody who knows the weather around here, these are windswept areas, you know, that change <i> all the time, and the notion that some dog could detect</i> the scent of Laci Peterson... I just said that's-- that's crazy. I can't believe this is even admissible. <i> I do remember the cross-examination,</i> <i> and it was effective,</i> but trials are contests. But unlike athletic contests where you have a running score and you know you're way ahead and so maybe you can back off a little bit, in a jury trial you don't. You may be thinking, "I've destroyed that witness, "and 12 reasonable people have to be convinced that I've destroyed that witness." But you know what? You don't know that. - For me, one of the really strong points in the case, um, was the dog. <i> The cadaver dog tracked Laci's scent</i> <i> all the way off the pier.</i> I--I didn't find that to be coincidental. <i> ♪ </i> <i> - In a new audiotape played for the jury today,</i> <i> the detective begins to let Peterson know</i> <i> he's suspicious of him.</i> <i> It was recorded one month after Laci vanished.</i> <i> - But like all the audiotapes in this trial,</i> <i> Peterson continues</i> <i> to deny any involvement in his wife's disappearance.</i> - There's no question that the most powerful evidence against him was the finding of the bodies in the place where he said he went fishing. That was--there--there's just no question about that. <i> - If her body turned up in the San Joaquin River,</i> Scott had been cleared. But it didn't. <i> It turned up in the area where Scott was fishing.</i> <i> - A tidal expert told the jury</i> <i> Laci Peterson's baby was placed</i> <i> in the water somewhere between</i> <i> Brooks Island and the Berkeley Marina.</i> <i> - Conner Peterson started his voyage towards the shore of</i> San Francisco Bay at a mid-point between the Berkeley Marina where Scott put his boat in and Brooks Landing, where Scott said he was doing his fishing. - Their theory was that Laci was anchored down and the tidal <i> waves and the currents of the San Francisco Bay</i> <i> eventually expelled the baby.</i> The baby floated up, and that's how they discovered it. Not with Laci-- about a mile away from Laci. <i> - Laci Peterson's body, when it was found,</i> <i> didn't have a head,</i> didn't have its feet and-- you know, gruesome. - It suggests that she was put in the water with her extremities being secured with the anchors. <i> It doesn't seem unreasonable</i> <i> to me that when you have five concrete anchors</i> <i> and there's four limbs and--</i> and the head missing from the body, that it would be consistent with being restrained with those devices and used to weight somebody down. - When she came up, only the torso came up, and it had been disturbed by a lot of the sea life. - All of its internal organs, they were all missing. Not just her unborn child-- all of her organs were missing. Prosecution's expert said that that was due to tidal action. <i> You know, the waves apparenty tore her body apart.</i> <i> Some of the best forensic</i> <i> pathologists in the country said,</i> <i> "It doesn't work that way.</i> "I've had bodies submerged in the water for years, and fish "and animals don't chew away cartilage and ligaments, "and bones and organs don't disintegrate or float off. It doesn't happen that way." Didn't matter. <i> Their answer was, you know, tidal action.</i> - It was anything by them to try to come up with something <i> because they had nothing.</i> Every single piece of evidence was dismantled. The problem, once again, came back to the bodies washed up where he said he was. - The reality is, he was fishing on top of her body. All right? You want to call that a coincidence? <i> Fine. Have at it.</i> - If somebody else did kill her, it's only been broadcast on every news outlet across the country for months that this is where he was on the day that she went missing. - What's so hard for me to believe is why everybody's willing to do a backbend to make up excuses to explain away Scott's behavior. <i> - Because--because, Nancy, 'cause the system</i> is presumption of innocence. - Yeah, but we're not in court tonight. - You're not presuming innocence. - We're not in court right now.<i> - Nancy doesn't feel-</i> - You can't sit here and tell me that it's a coincidence where he went fishing is where his murdered wife and child ended up. That's not-- there's no way. And somebody to frame him to do that? No. No. <i> - Unlike Laci's remains that</i> <i> were badly decomposed, the baby</i> <i> was in fairly good condition.</i> <i> Prosecutors want the jury to believe</i> <i> Conner died with his mother on December 24th.</i> <i> The defense wants them to see it another way.</i> - If Conner Peterson lived longer, then his father, Scott, could not be responsible for his death. <i> - Both sides tried to establish</i> <i> the time of death of Conner, the fetus.</i> The prosecution brought on an expert witness, which put the time of death right in the same area where Laci disappeared. <i> Well, the defense expert, Dr. March, came on.</i> <i> - Dr. Charles March, an OBGY, told the jury based on his</i> <i> calculations, the baby's date of death was on December 29th.</i> <i> - Their expert believed that Conner was actually alie</i> <i> after Laci was reported missing,</i> and, of course, if that were true, then Scott would be innocent. <i> - Dr. March also criticized Dr. Greggory DeVore,</i> <i> the state's expert.</i> <i> March said DeVore's testing methods were flawed</i> <i> and his results were wrong.</i> <i> - I was in the courtroom</i> <i> when Dr. March testified,</i> <i> and his direct testimony was effective and awesome.</i> When we took a break, all the pundits went outside and said "Oh, this doctor was really effective." <i> And then cross-examination starts,</i> and sort of question by question, this doctor gets more and more flummoxed. - I think that he didn't understand what a cross-examination entailed, um, and he certainly didn't weather the storm. <i> - He couldn't defend his credentials,</i> <i> he couldn't defend his experience, and when</i> confronted with an error in his report, he just committed an absolute cardinal sin. - Started to brush his hair back, and finally he just said, "Just cut me some slack!" <i> ♪ </i> Everybody not only cut him slack, they just stopped listening to him. They really just stopped paying any attention to him. The jurors ended up putting their notepads down. - Dr. March was testifying on a subject that was well beyond his area of expertise. I mean, the guy melted down on the stand. - And that's just the death knell. I mean, he was destroyed, he was done. That issue was destroyed. - You could see the expression on--on Mr. Geragos' face when that happened. He looked down at the table and-- sort of in disgust-- and just shook his head. <i> - There's nothing worse for a lawyer</i> <i> than putting a witness on</i> who you think is going to say something, and in the middle <i> of their testimony, they change their story.</i> In a trial, you have to be very careful as to what you know your witnesses are going to say, because one mess-up, one contradiction, and all of a sudden, it gives the jury something to throw everybody's testimony out, and you've basically screwed up the entire defense case. <i> ♪ </i> - During the trial, one of the key witnesses in terms of timeline was a neighbor, a woman by the name of Karen Servas. <i> She told police that she found McKenzie,</i> <i> the Peterson dog, wandering outside the Petersn</i> <i> home on the street with its leash on</i> at 10:18 in the morning that Laci was reported missing. This was a huge part of the case <i> because it established a specific timeline.</i> <i> Police used that</i> as a way to dismiss some of these other people who claim they saw Laci Peterson walking her dog after 10:18. <i> - One tip came from a hospitl worker who says she saw</i> <i> Laci walking her dog in the park</i> <i> around 10:45 Christmas Eve morning.</i> <i> But that timeline contradicts neighbor Karen Servas,</i> <i> who says she found the Peterson's dog, McKenzie,</i> <i> at 10:18.</i> - They did discount the eyewitnesses that came forward. I mean, I interviewed several of them. - I was standing right here and washing some dishes, <i> and what--I could see her walking across the street.</i> <i> - You think it was her?</i> <i> - Oh, I think it was, because she, um,</i> fit the description exactly. - When I pulled out on Miller Avenue, that's when I looked over <i> to the right and I noticed a young lady struggling with</i> <i> the dog and very pregnant.</i> <i> - I saw that dog in the park.</i> With the dog was a person, round, with black leggings and a white smock. <i> - There are other people like Mike that think they saw Laci,</i> and unless the prosecution comes up <i> with an alternative to it,</i> it may go a long way providing some doubt. - Geragos told the jury in his opening statement that he was going to bring people to testify that they had seen Laci <i> walking the dog and therefore,</i> <i> it was impossible that Scott had killed her.</i> He didn't bring those witnesses. <i> - I do believe there were people who saw her that day,</i> <i> but as far as testifying, there were contradictions</i> in the story that we were afraid would-- would actually end up hurting the defense. <i> - Nancy, do you have a question for Mike?</i> - Yes I do. I noticed in an earlier statement of yours, you stated that you think you saw the dog around 10:45 a.m. Is that correct? - The police talked to me two days after and I knew exactly when I got home from my run. I just can't remember when that time was. - Mm-hm. - 'Cause I told the policeman-- - I was just wondering about the 10:45 because, uh, the woman put the dog back into his--<i> - And I'm thinking it'd be--</i> - Yard no later than 10:17 and my only other-- - I'm thinking I'm too late. I think that my timing is off. - The problem I have with the timeline is, it shouldn't take away from what the eyewitnesses see, <i> and if an eyewitness sees something</i> <i> but you can't give me an exact time,</i> <i> it doesn't mean that you didn't see it.</i> - But I'm telling you, I saw that dog in the park. Okay? I have no doubt in my mind. - We did get subpoenaed by the prosecution. But we never were called by Geragos. - At one point during the trial, the prosecutors started calling women that lived in Scott and Laci's neighborhood who regularly walked their dogs. <i> There was this parade of witnesses they brought in.</i> <i> They put them on the stand. "Where do you live?"</i> <i> "Do you walk your dog in the neighborhood?"</i> And they'd say yes, and I mean, these women were all different descriptions. I don't think any of them you would mistake for Laci. - I would've never in a thousand years thought that I would've been called to be a witness, <i> but we kind of put two and two together.</i> I'm short, I'm fat, I could go for a pregnant woman. You know, I had dark hair back then, shorter. So maybe they want to try and say, <i> "Hey, well maybe it wasn't Laci.</i> <i> Maybe it was Melba walking that morning."</i> - Most of them, when Mark would cross-examine them, he'd say, "Were you walking your dog December 24th?", and they'd say no. - I very much doubt I walked around Christmas Eve or Christmas Day, because I was probably in the kitchen cooking. <i> - Once again, Peterson's attorney Mark</i> <i> Geragos tried to poke holes n the prosecution's case.</i> <i> In opening arguments, he promised proof of his</i> <i> client's stone cold innocence.</i> <i> Observers say he has yet to</i> <i> provide a strong alternative theory.</i> <i> - Anybody who says, "Why didn't you call</i> the witnesses?"--that's fine, but the prosecution <i> conceded that we had shown Laci was alive on the 24th.</i> It didn't matter anymore; that wasn't the fight. So, I could sit and I could call in 12 different witnesses who might contradict themselves about what she was wearing, where she was and blah, blah, blah, but it didn't matter. I'd already established that she was alive on the 24th. <i> - I was waiting for any witness to come forward</i> and say, you know, they saw Laci walking her dog. You waited and waited. They never proved it. - I would have found it persuasive to have a string of witnesses saying, "I saw Laci doing this, <i> I saw Laci doing that."</i> <i> The worst that would have happened</i> <i> is they would have been cross examined, and ther</i> <i> testimony arguably discounted.</i> - You must take that risk as a defense attorney. Sometimes you just must swing for the fences, knowing that you might strike out. That witness may just implode on the witness stand, but you still have to take the chance. <i> - After a 5-month trial that</i> <i> left much to be desired for both sides,</i> <i> it will be another moment of high drama when closing</i> <i> arguments begin in the capitl murder trial</i> <i> of Scott Peterson.</i> <i> - Their closing was an emotionally directed closing,</i> which was, "Look at this guy. "He hated his life. He hated his wife. <i> He hated feeling trapped. He didn't want a little baby"</i> - So what did he do? He got rid of that lifestyle. That was the prosecution's case. - They showed some game. I mean, they gave beautiful closing arguments. - We have seen a different Rick Distaso. The lead prosecutor today has been passionate. - He got the jury's tears flowing. He pointed to Scott Peterson and said, "This man is a murderer." This was a great clutch performance by Rick Distaso. - I think they knew they didn't have evidence and they were trying to substitute emotion for it. What they did was put up a big picture <i> of Laci Peterson sitting all alone at a Christmas party,</i> <i> very pregnant, and at the tie that that picture was taken,</i> <i> Scott Peterson was with Amber Frey.</i> <i> They said "Look at that cheating S.O.B.</i> Convict him of murder." - President Bush has now joined the ranks of a rare group of Americans: two-term presidents. Coming up on MSNBC, there are other stories making news today, including developments in the Scott Peterson trial. <i> ♪ </i> <i> - Defense attorney Mark Geragos</i> <i> launched his closing arguments</i> <i> by asking jurors if they hate his client Scott Peterson.</i> <i> - Mark Geragos's closing argument</i> was the exact opposite of his opening argument. His opening statement was bold, confident, a little bit bombastic. <i> "I am gonna promise you, I am gonna prove to you that</i> my client is 100% stone-cold innocent." And on his closing statement, he was just flat. - I would have just thrown everything at the jury, the kitchen sink. He did not do that. - We all have good and bad days, but that was a bad day to have a bad day. - I always say, whoever wins gets to write history. Every case I've ever won, I can tell the story about why I won it. <i> And when you lose, you're the village idiot.</i> - Have you talked to Mark Geragos? - I think it's safe to say that he is guardedly optimistic, as they say in politics. <i> ♪ </i> <i> - We were pretty confident.</i> <i> The prosecution didn't prove he was guilty then.</i> <i> The burden of proof is on the prosecution.</i> They never gave a summary of how this crime occurred. They simply stated they didn't know when it happened, they didn't know how it happened, they didn't know where it happened. They just knew that Scott did it. <i> - Jurors begin their first full</i> day of deliberations in the Scott Peterson case today. <i> - There's no indication how long this jury will be out.</i> <i> The stakes, of course, are huge.</i> Courtroom observers are divided on which way they're going to go. - In the closing arguments, the defense attorneys thought that they had a hung jury. They really believed that a few <i> of the jurors were on their side.</i> <i> - There was no evidence.</i> There was no blood found in the, um, house. There was no scene of any crime. <i> There was nothing at the warehouse.</i> <i> The supposed cement anchors was a bust.</i> I mean, it was just nonsense after nonsense after nonsense. They had no case. - I have to say, I mean, I know Mark very well, and he is a great lawyer and he can convince juries of all sorts of things. <i> ♪ </i> And I really did fear that there would be a hung jury or a not guilty. - We've been speculating for 5 months, but this, tonight is the height, since 12 people are in the room, <i> and we don't know what they're saying.</i> - I hated going to deliberations, and that was obviously the worst part of the trial, because <i> now it's up to me and 11 othr jurors to decide something</i> <i> that's so--so important.</i> <i> - I got to be honest with you.</i> It was pretty nervous for me, um, because you've had 6 months or almost 6 months, of information overload, and you haven't been able to voice that to anybody, and now <i> all of a sudden you go in there,</i> <i> and we're just gonna lay it all out on the table.</i> - We took a straw vote initially. <i> It was 10 to 2 at the time.</i> - Okay, well, a couple of people aren't sure. <i> So, what aren't we sure about?</i> - I voted innocent. I didn't feel that we had talked about everything. <i> I wasn't ready to make that decision.</i> I did hold it up. - So, we started bringing in a whiteboard and we started just dissecting the trial and the evidence. <i> ♪ </i> <i> Everybody was committed to doing</i> <i> one thing and one thing only,</i> and that was give Scott Peterson a fair trial. <i> ♪ </i> - Apparently the jurors are sending the judge in this case a signal that there is some problem inside the deliberation room. <i> - One day we're in deliberations, and, uh,</i> <i> one of the jurors</i> admits that, uh, she violated the order. - They tell you from day one, "No investigations on your own on the Internet." - I did check something that I had a knee-jerk reaction about and uh, it confirmed my, you know, my thinking about whether something that I heard was correct or not. <i> - As soon as she said that,</i> I said, "I don't want to hear anymore. We need to go to the judge." - A source close to the case is telling CNN that another juror, quote, "turned her in," if you will, and the judge had no choice but to remove her from the panel. - And then, um, Richelle Nice came in as number seven. - This is a woman who is in her late 20's. <i> She has nine tattoos, four children, and has been very</i> emotional during the trial, breaking down a number of times and crying during the autopsy photos. <i> - Some people are saying she's very independent-minde.</i> Also the--the observers have nicknamed this new alternate juror, now juror number seven, "Strawberry Shortcake." - She's an unknown quantity right now. So it could, uh, work for the state. - And Richelle came in the room and Richelle was just, uh, like piss and vinegar. She comes in and she's like "Hey, he killed the little man. "He's guilty. Let's just get this done with," and I was like, "Whoa, whoa. Time out. "We--we kinda started a process here of discussing this. "We're not--we don't all just run in here "and we're just gonna make a decision just 'cause you walked in here." - They had to start deliberations all over again. So, we just erased whatever they <i> had brought up and started fresh</i> <i> with me and my perspective.</i> I was just hoping, now that I became a juror, that would--we would be able to stick together and finish this process. <i> ♪ </i> <i> - But the stumbling block was the person who</i> was supposed to assure that we didn't hit stumbling blocks. <i> - Gregory Jackson was the foreman and he</i> had stacks and stacks of notes. <i> I mean, he made all of us look like amateurs.</i> <i> - And we selected him based on his probably being</i> <i> the most intellectual person there.</i> <i> - You've got a doctor and a lawyer,</i> so you know he's well-schooled, you know he's got to be logical, you know that he's got to put the emotion aside and say "No, let's go through this evidence logically." And the jurors didn't want to do that, and they fought. - He kept having us going over the same thing, and we already discussed those things. It was like dragging it out. - I mean, he was definitely pro-innocent, and we were leaning towards guilt. - Finally, you know, we just all got tired of it, and so it finally came down to, "Yeah, we need to change foremans here because you know, his--his ability to facilitate is not--it's not working." - And then one of the jurors threatens him, physically. - John, he would yell at people. <i> It just became really stressful.</i> I got upset one time with him because he was just kind of, eh, a--a little mean to people, I could say. - I never threated, uh, Gregory Jackson's life. I never used abusive language. We did bump heads. - John had his mind pretty much <i> made up, and I think it was he was getting impatient.</i> - At that point, Gregory Jackson, because he said the atmosphere was so frightening to him, because they were screaming and yelling at him, goes to the judge. <i> - Tonight, another Scott Peterson juror dismissed.</i> <i> Second one in two days, and this time it's the foreman.</i> <i> What in the world is going on?</i> - There's just chaos in there, and where there's chaos there's got to be some kind of split. - I think there was, in some ways, a "palace rebellion." <i> - The one guy who wanted to go</i> through the evidence, they let him go. And the guy who had threatened him, stayed on the jury. - I try criminal cases either for a not guilty verdict, or for a hung jury, and in this case, I thought the best case scenario for us was a hung jury. - And if he stuck it out it probably would've been a hung jury 'cause he was strong--he was strong-minded at the time and then he weakened to-- through deliberations. - That is when everything changed inside that jury room. <i> ♪ </i> <i> - A new day. A new juror. A new foreman.</i> <i> It is the latest surprise from the tumultuous</i> <i> jury deliberations in the Scott Peterson trial.</i> <i> - The replacement had come in on Thursday afternoo.</i> <i> We thought, "There's no way that they're going to come to</i> a verdict in less than 24 hours, so my dad and I flew home. <i> It was, you know, hard for Jackie to travel.</i> When she decided to stay, Janey, bless her heart, said, "I can't leave Jackie here alone. I'm going to stay." <i> - Jurors in Scott Peterson's</i> murder trial are going back to the beginning today. <i> The jury was instructed to begin</i> <i> new deliberations after the foreman and another panel</i> <i> member were removed from the case earlier this week.</i> <i> ♪ </i> <i> - On Friday, it was basically,</i> <i> "Okay, we have run through this whole thing."</i> <i> Everything that had been a question had been answered.</i> <i> - We just figured, was it premeditated,</i> which we all pretty much, um, came to the conclusion it was. <i> - And then we asked everybody at the table,</i> <i> are you ready to vote?</i> Final vote, it was 12-0. <i> ♪ </i> - We're told there's a major development in the Scott Peterson case. <i> - As I'm heading to my office in San Diego,</i> over the radio comes the announcement. <i> - There is a verdict in the Scott Peterson trial and it</i> <i> will be announced at 1:00 p.m. Pacific time.</i> - I wanted to slam the breaks on, [laughs] but I'm on the freeway, and I thought, "Oh my gosh, that can't be." - They seated that new juror Thursday afternoon, and by Friday morning, we were notified that a verdict had been reached. - It is a pretty shocking thing to me. I mean, I'm totally surprised. In 9 hours, this group of 12 has reached a verdict. - As you can see behind me, a group of spectators has gathered already at the courthouse. <i> It is starting to sort of pick up here.</i> <i> This was empty, uh, only half an hour ago.</i> <i> - I got a call from New York:</i> <i> "Do you want to be</i> "on camera when the verdict happens? Or do you wanna be in the courtroom?" I'm like, [scoffs] "In the courtroom! Totally!" - Defense attorney Mark Geragos is not here for the verdict. He was expecting a little bit more lead time. - Mark had actually gone back to Los Angeles because, as he said, "There's no way <i> they're going to get a jury verdict Friday morning."</i> By, I think, about 11:00 they announced that the verdict <i> would be announced at 1:30.</i> We went to lunch with the Peterson family, <i> and they were very optimistic and talking about, "If Scott's</i> "found innocent, how do we get him out of the courthouse? Where are we gonna take him?" <i> It was very hard, because I think I knew</i> <i> what was coming, based on what I had seen from the jur.</i> <i> ♪ </i> <i> So we went into the courtroom.</i> <i> Scott came out--he was optimistic, he felt like</i> <i> the trial had gone very well.</i> <i> ♪ </i> <i> - When the jury walked into the courtroom I just</i> <i> remember kind of watching for any of them to look our way.</i> You're just hoping to get some kind of indication from them of what the verdict was, but they looked very, very solemn. - As soon as they all went to sit down, Fairy, who is the black juror that sits right up front, looked right at Sharon Rocha and winked at her. I'm like, "Oh, my God. They're gonna convict him." <i> ♪ </i> <i> - We the jury in the above entitled cause</i> <i> find the defendant, Scott Lee Peterson,</i> <i> guilty of the crime of murder of Laci Denise Peterson.</i> <i> We the jury in the above entitled cause find</i> <i> the defendant, Scott Lee Peterson, guilty of the crime</i> <i> of murder of baby Conner Peterson.</i> <i> ♪ </i> <i> - When Sharon heard the verdict,</i> <i> she just hunched over in tears.</i> The whole family right in front of me were crying and just really letting out all the emotions of the past two years. - I couldn't believe that he'd been convicted. You--you just could--uh, I was convinced that-- my heart beat super-loud and I hear--and I missed the word "not." - I just was dumbfounded. I just--I sat there with a blank stare on my face. <i> ♪ </i> - You know, to be frank, I wasn't--I wasn't surprised. I, uh--not because of the evidence or-- it was just because of the media, what they did, what the cops did, what the prosecution did. Uh, I thought, you know, "He hasn't got a prayer." I honestly did. <i> - But then you could hear this</i> eruption of cheering outside the courthouse. - I was out there in that crowd. [hubbub] <i> And when the clerk read guilty...</i> [excited screams and cheers] <i> There was an instantaneous jubilation.</i> - Thank God, thank God. I'm so happy. - And it was just sickening. <i> - People erupted. They were just ecstatic.</i> People were cheering. - Oh, wow. Oh, God bless the Rochas! [cheering] - Thank God. <i> - After the verdict was read, we were just numb.</i> We didn't get any time to interact with Scott. He was taken out. - Get ready. [cameras snapping] <i> - They brought us out at the far</i> <i> end of the building and escorted us the full length</i> <i> of the building...</i> <i> - In front of this mob that was jeering and screamig</i> <i> and cheering. It was like a pep rally.</i> <i> ♪ </i> <i> - I'm watching members of the Peterson family walk out</i> <i> of the courthouse, and seeing and hearing people jeer them.</i> <i> - And basically get in their face</i> and say "Yeah, he's guilty!" It was so disgusting. - First degree, yes. <i> - After sitting for 5 1/2 months on that jury,</i> I don't have any reasonable doubt. I have no damn doubt at all. Make no mistake about it. He's the guy that did it, and until anybody can show me different, that's how I feel about it. - I believe in my decision. I'm not ashamed of it. - We saw the OJ, and that's what we thought was gonna happen, and it--it's exciting that it really does work. The justice system does work. [cheering] - God bless America, we did it. <i> ♪ </i> - There was like a two- week hiatus between the guilty verdict and the commencement of the penalty phase to decide death or life without parole. <i> Those jurors, as much as they were protected,</i> these people had to be exposed to the glee in the community over the guilty verdict. <i> Not just the community-- the whole nation.</i> <i> But also the expectation that, "Okay,</i> <i> now we're gonna give him death."</i> <i> - During the break, my neighbor came to me</i> and he said that, "Some of the jurors have come into bar where I bartend at." I'm like, "Yeah, so? I hope they're not talking about the case." And he said, "Yes, they are." <i> So he volunteered to me that</i> <i> a number of the jurors had been drinking and that</i> <i> had said as they were drinking,</i> <i> "We're gonna get Scott Peterson."</i> And I was like, you know, "You can't do that." I'm a lawyer. I'm an officer of the court. I'm--have an absolute obligation to disclose this. <i> So I reported that to the judge,</i> <i> and the judge held a hearing.</i> <i> ♪ </i> - The allegation was that juror number 8 was going to <i> a bar and talking about the case,</i> talking about potential book deals, and talking about that a decision had been made <i> to put Scott to death.</i> - They ended up calling the bartender in. <i> - He was subpoenaed. he wound up, I guess,</i> taking the fifth, 'cause, uh, he was accompanied by a--by an attorney and, um, I remained on the trial. <i> - When you think about the atmosphere that was going on,</i> <i> there was nobody in the state of California</i> <i> and maybe even in the nation who was going to relish</i> the possibility of doing anything to help Scott Peterson. - Being that he was subpoenaed, he had every chance in the world to take the stand and say "This is what he said," he--be true to himself. He said nothing. - I don't know what's true. I know what the man said to me. And that in and of itself should have been enough to have had that juror excused. - We dismissed Justin Falconer <i> on rumors, uh, and innuendo.</i> <i> The frustration is</i> there was much more evidence that there was a problem with juror number 8 than there ever was with Justin Falconer. - There were all kind of machinations where the jurors were basically voting off the island anybody who was doing the job that they were supposed to be doing, which was presuming innocence. - Life in prison or death for Scott Peterson, that's the question facing jurors. <i> ♪ </i> <i> - This was a capital case and</i> each juror had to be able to say that they were willing or able to sentence somebody to death, which changes a jury, because inherently, a death-qualified jury is what they're called, is going to be more conservative. <i> - The jury that convicted him of murder is now hearing</i> <i> arguments as to whether he should get the death penalty</i> <i> or life in prison without parole.</i> <i> It's been an emotional week of testimony.</i> <i> - As long as I live, I will never forget</i> when Sharon Rocha was called to the stand. <i> ♪ </i> - The thing I remember most of Laci's mother [breathes deeply] is when she spoke about her daughter and her grandson. And she basically channeled. <i> ♪ </i> <i> "Why are you killing me, daddy?</i> <i> Why don't you love mommy?"</i> I remember the pain that I felt every time I looked at him. <i> ♪ </i> <i> - Well, Sharon Rocha's testimony in court,</i> it made a big impression on all of us. I--I don't know how you could sit there and, you know, observe this woman, uh, sobbing, <i> and--and then screaming at Scott, and not be affected.</i> - It was absolutely gut-wrenching. Not only did she cry, but every single member of the jury cried, as did most of the gallery, including most of the press corps. <i> ♪ </i> - When they're about to hear the verdict, they'll flip a switch, and we'll get a live audio feed-- <i> the sound only--frm the courthouse, and in fac,</i> <i> I understand that fed is coming in right no.</i> <i> - The People of the State of California versus Scott</i> <i> Peterson, we the jury in the above entitled cause</i> <i> fix the penalty at death.</i> [cheering] - I've been praying for justice. That's what I said before the verdict was read. I know that millions of people have been praying for justice. I think this is justice. <i> ♪ </i> - That day was probably the lowest point in my life ever. - Anything to say, Mrs. Peterson? - Did you get to see Scott? <i> - You know, there's not much that will</i> <i> measure up to that sinking feeling.</i> - I said it was going to be death. - It's over. Thank you. You've been great. <i> - The word closure means nothing to me.</i> <i> It's just...</i> a word, um, because nothing--nothing is closed. It doesn't--nothing ends. Um, because Laci's gone, so that is never going to end-- come to an end-- and close, and I miss her as much today as I did from the very beginning. <i> ♪ </i> <i> - In California, legal analysts are full of praise</i> for the jury that recommended Scott Peterson get the death penalty. - All right, so he's been convicted and justice has been done, and there's justice for Laci and Conner. <i> Are we really gonna make celebrities</i> <i> out of these jurors?</i> <i> Because we did.</i> - I don't think that I'd write a book, but, uh, if--if any of the jurors want to do that, I'd be more 'n--more than happy to work on a collaborative. - They just walked right outside, and boom, we're interviewing all of them. - He is a jerk and I have one comment for Scott: you look somebody in the face when they're talking to you. - If you watch the juror called "Strawberry Shortcake" <i> and you watch her after and you</i> watch her call him a vulgar name... - Well, just another day in paradise for Scott, another day that he had to go through emotions, but uh-- - Asshole. - He's on his way home, Scott figures. - I thought, "My Lord, you're a juror and you just "condemned a man to death and you get up there and say those type of things?" That just showed me that it was emotionally charged. - Well, guess what Scotty? - San Quentin's your new home. - And it's-- it's illegal to kill your wife and child in California. - Most puzzling about this is how--how do you think this-- this crime was committed? What happened? - Can you be a little more specific? If possible. - No, you were the jury. I want--what--you should be specific. How did he do what you judged he did? What'd he do? - Well, at some point he decided, um, he wanted to kill his wife and he killed his wife. He put her in a boat and dumped her body in the bay. <i> - How do you think he accomplished</i> <i> this without witnesses?</i> - Well, more than likely this was done in his home, and the only witness there that I'd be aware of were perhaps the dog or the cat. And it doesn't appear that they have any comments. <i> - [chuckles]</i> - I don't believe that I have to know how somebody killed somebody. The method in which they used to terminate a life is not of--of importance as much as it is that I have evidence that leads me to believe without a reasonable doubt that they murdered this individual. - There were numerous things that just, when you added them all up, they-- they only pointed to one person. Does it make sense that you have a wife who's pregnant with your very first child and you decide you're gonna go fishing where nobody even knows you are? And a--in a situation, you know-- what happens if there was an emergency? <i> You don't go and buy a boat and not tell anybody.</i> You know, you don't go fishing by yourself and not tell anybody. It's just a lot of things like that. - The Amber tapes just sort of put everything in perspective and put--put it all together. <i> It's just so many inconsistencies</i> <i> and just his lying.</i> <i> ♪ </i> <i> - He always knew that Laci wasn't coming home.</i> Just by what he did. So, that whole time she was missing. <i> - 2 weeks after his pregnant wife disappeared,</i> <i> Scott Peterson</i> <i> ordered the Playboy Channel on his satellite system.</i> <i> Four days later, he orders two hardcore pornography channels.</i> - That just told me that she was never coming home. <i> He had a sexual addiction.</i> I mean, there was porn, uh, found, and the stuff that he--that he, uh, ordered from cable was strictly porn, it wasn't hard R. <i> And Laci was pretty much a conservative woman wh,</i> <i> you know, wasn't into that.</i> Knowing that his wife would never accept that is like, you know this f--she's never coming home. I'm gonna do the things that I want to do now. <i> ♪ </i> <i> - If you had a chance to talk</i> <i> with Scott Peterson, what would you ask?</i> - I guess my question to Scott would be that, Scott, do you miss the Dish Network? [laughter] - Yeah, when you miss it in the living room-- - Oh my God, that was-- - And if--and if so, what movie would you select? - What do you say to that? Is that based on logic? Is that based on a rational person's thinking? Or is that just emotion, vitriol, hate, and let's-get-him? <i> - One of the things I say to people about this case</i> <i> is if you know it from watching television, probably</i> almost everything you believe to be true about the case is not, with the exception of the fact that Scott, uh, was unfaithful. - The trial of one Scott Peterson. A story of sex, lies, so many lies. - The leaks in this case was about the smell of bleach-- <i> - The authorities in San Luis Obispo are looking at Scott</i> <i> Peterson in connection with the disappearance</i> <i> of Kristin Smart.</i> - We solved that burglary, found out that it in fact occurred on the 26th. - I- I don't know whether he did it, I don't, but I do know they didn't prove it beyond a reasonable doubt. - Personally, when I think of Scott Peterson's case today, I think of a case that truly wasn't solved. <i> ♪ </i> I still feel there still may be something else out there that's been missed. <i> ♪ </i> <i> - After the trial, people would say "Well, what do</i> you think happened if you don't think Scott did?" My belief from day one was that it <i> was a direct result of the burglary across the street.</i> <i> We began to learn more and more</i> <i> about the burglary after the trial.</i> We hit on a tip from a Lieutenant Aponte. - I happened to be going through the discovery and was looking at the tip lines and I found the tips and I go, "Oh my goodness, I can't believe this." <i> This Lieutenant Aponte had</i> <i> called in Modesto police department to--</i> on their tip line and said that Laci had gone across the street and had confronted the burglars and they threatened her. This was based upon a taped conversation between an inmate and a person in Modesto who <i> turned out to be the inmate's brother.</i> <i> ♪ </i> - It's just absolutely mind-boggling that he is sitting on death row, convicted of murdering his wife and unborn son, and nobody has been asked more than three questions about that burglary. - It's tough to--to think that there's a chance that he might not be guilty and that he's now sitting on death row. <i> - The truth was, is, and will always be</i> Scott Peterson murdered Laci. - They were wrong. We will get justice. <i> - They came across these</i> handwritten notes from the mailman. - The--the jury didn't have a complete picture. - It's Laci that opened that gate. <i> It couldn't be anybody else.</i> - This is the house that's important, 516 Covena. <i> - And if that's true,</i> Scott Peterson is stone cold innocent. <i> - They sat on that information</i> literally until the day Scott was convicted.
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Channel: A&E
Views: 1,205,501
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Keywords: a&e, aetv, a&e tv, ae, a&e television, a&e shows, a and e, a+e, murder of laci peterson, laci peterson missing, scott peterson, scott peterson murderer, scott peterson trial, what happened to laci peterson, laci peterson pregnant, scott peterson conviction, modesto, murder, missing person, true crime, crime investigation, solving crime, police, detectives, The Murder of Laci Peterson, watch The Murder of Laci Peterson, The Murder of Laci Peterson full episodes, Laci Peterson, verdict
Id: mGn4Wu6XUZI
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Length: 64min 55sec (3895 seconds)
Published: Mon May 02 2022
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