Scott Peterson's prosecutors deserve at least a month of paid leave for working untold hours and weekends away from home on the "extraordinary case," their boss recommends.
The Stanislaus County Board of Supervisors is scheduled to vote this evening on suggested leave of five weeks for prosecutors Rick Distaso and Dave Harris, and four weeks for Chief Deputy District Attorney Birgit Fladager.
"They deserve every day, and I hope they get it," former San Francisco prosecutor James Hammer said Monday. He received a week's leave after steering a 2002 dog-mauling murder trial, which, like the Peterson case, received intense media coverage.
"Unless you've been through it, you cannot understand the pressure," said Hammer, who observed Peterson's double-murder trial and did media interviews.
Distaso, Harris and Fladager took on one of the country's best-known defense lawyers, Mark Geragos of Los Angeles, in the Peterson trial. It lasted six months. On Nov. 12, the jury declared him guilty of first-degree murder in the death of his wife, Laci, and second-degree murder in the death of their unborn son, Conner, around Christmas 2002.
On Dec. 13, the same jury recommended Peterson's execution; the judge has scheduled sentencing for Feb. 25.
The agenda packet for today's Board of Supervisors meeting includes a three-page memo on the prosecutors' leave, with a notation that the county chief executive officer concurs with District Attorney James Brazelton's recommendation.
The report lists the fiscal impact as $28,385, "which is currently available in the district attorney's 2004-05 budget."
The report quotes Phil Trompetter, a Modesto psychologist who specializes in criminal justice psychology:
"Once the trial ends, I anticipate a palpable letdown with profound fatigue and elements of depression. You should ensure that each of them takes at least a few weeks of time off."
Prosecutors on leave right now
Assistant District Attorney Carol Shipley said: "The hours worked, the media hype, the pressure on them daily is just an extraordinary amount of stress that no one bargained for when this started."
Distaso, Harris and Fladager are using "professional leave" for time off this week and next, Shipley said. All deputy district attorneys get 60 hours of such leave per year.
Modesto psychologist Lee Ervin said time off work can help people heal from exhaustion — mentally and emotionally as well as physically.
"It's good and normal and probably healthy to take a little break," Ervin said. "None of us can run on empty."
Spending time at home, with family and even by oneself can be hugely beneficial, he added.
"The DAs have been out in the big, bad world dealing with ugly events and death," Ervin said. "Where would they feel safe? In the confines of family and home. That's where we're trusted, loved and accepted — the things we don't get all the time in the real world where they beat us up and second-guess everything we do."
Peterson's court proceedings started in Stanislaus County Superior Court. Then, because of massive publicity in and around Modesto, authorities moved the trial to San Mateo County. Distaso and Harris moved with the proceedings, and Fladager joined the team later.
The attorneys' contracts do not provide them with extra pay for working overtime. The demands of the trial prevented them from taking vacation, the recommendation states.
Also, prosecutors stayed in Redwood City to work two of every three weekends, the recommendation states.
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