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Special Reports - The Peterson Case - Peterson: Preliminary Hearing

Wednesday, Nov. 19, 2003

Peterson held to stand trial

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A judge Tuesday held Scott Peterson to answer to charges that he murdered his wife and unborn son, ending a 12-day preliminary hearing and paving the way for a trial.

The ruling came amid emerging details about Peterson's relationship with his girlfriend Amber Frey and after testimony that he had $15,000 cash and extensive camping gear with him when he was arrested.

"Basically, all it means is the case can go forward," Chief Deputy District Attorney John Goold said after the ruling was announced, adding that the defense is "in the driver's seat" on when the case goes to trial.

The 31-year-old former fertilizer salesman is charged with killing his wife, Laci, and their son, Conner. Prosecutors are seeking the death penalty.

No trial date has been set, and a wave of defense motions on evidence and moving the trial appear likely to keep the case backed up for months and possibly years. Peterson is due in court Dec. 3 for arraignment.

Defense attorney Mark Geragos of Los Angeles didn't indicate when a trial might occur.

"Obviously, we're gratified at least that we're this much closer to trial," he said outside Stanislaus County Super-ior Court.

Peterson's mother, Jackie, said after the court session that she didn't know if her son was anxious to be done with the hearing.

"He didn't comment to us like that," she said. "We talk about family."

Girolami's ruling Tuesday followed a short day in court that included testimony that Scott Peterson had $15,000 cash and a camp stove, water purifier, fishing pole and other gear with him when he was arrested April 18 just outside the Torrey Pines Golf Course in La Jolla, north of San Diego.

A driver's license issued to Peterson's brother was on the center console of the car next to Peterson's wallet, Detective Jon Buehler testified Tuesday.

Geragos suggested that the license had been used to obtain a resident's discount at the golf course.

Prosecutors also presented testimony apparently designed to show that Peterson was heavily involved with a girlfriend and had a possible motive.

Peterson began a relationship with Fresno massage therapist Frey in November and told her he wasn't married, detectives testified.

In a Jan. 6 phone call -- nearly two weeks after his pregnant wife disappeared Christmas Eve -- Peterson said he was "longing to hold onto" Frey, Buehler testified.

Frey taped that call and others for police and Buehler said he was present when the Jan. 6 call took place.

During the call, Frey con- fronted Peterson about his comments that they had a "future" together and that he "didn't want to have any children," according to a transcript of the call submitted into evidence.

"Sweetie, I I'm so sorry that I can't tell you everything," Peterson said, repeatedly deflecting questions about why he had lied about his wife and how he would explain a newborn baby to Frey, who is a single mother.

Peterson also hedged when Frey challenged him on a Dec. 9 conversation in which she allegedly held his hand as he tear- fully said he had "lost" his wife.

"How could you lose your wife before she's already lost?" Frey asked.

"There are different kinds of loss, Amber," he said in the transcript.

During the conversation, Frey asked Peterson why she should "not go to police with this" -- an apparent reference to the couple's relationship.

"It's your decision," he replied.

Buehler acknowledged in court that during hundreds of phone calls between the couple, Peterson never sought to dissuade Frey from going to police.