Peterson life insurance order vacated
Scott Peterson will get a do-over.
A Stanislaus County Superior Court judge on Thursday vacated an order that said $250,000 from a life insurance policy on Laci Peterson should go to her mother, Sharon Rocha, the executor of her estate.
The new ruling came after attorneys for Scott Peterson complained that they were not given a chance to argue their case last month, when Judge Roger Beauchesne made his order.
The judge took umbrage at a suggestion, by attorney Matt Geragos, that Peterson had been denied due process. But he also agreed to reconsider the case and hear arguments from both sides on Dec. 16.
"This court never denied any request," Beauchesne said.
Geragos, who represents Peterson on several civil cases, said attorney Adam Stewart of Modesto, who represents Rocha, led astray the attorneys in Geragos' office.
Geragos said Stewart faxed a note to his office late the afternoon of Oct. 20, saying he would not appear at a hearing the following day.
Geragos said an associate with his firm decided not to come to Modesto, as planned, because he believed the hearing had been canceled.
"We always truly believed that we were going to have an oral hearing," said Geragos, the brother of defense attorney Mark Geragos, who represented Peterson in his headline-grabbing double-murder trial.
Stewart said the fax he sent to Geragos & Geragos of Los Angeles was a courtesy.
In civil cases, judges issue tentative rulings the afternoon before a hearing. Attorneys who want to argue the case must advise the court by 3 p.m. If neither side requests a hearing, the ruling becomes final.
No request for hearing
Stewart said he checked with the court, heard that Peterson's attorneys had not requested a hearing, then sent a memo about the tentative ruling, which said the life insurance money should go to Rocha.
He said it is not his job to explain the rules of court to opposing counsel.
"He can come in and make an argument in my absence," Stewart said. He also represents Rocha in a wrongful death lawsuit against Peterson. A trial is scheduled for April.
Beauchesne said no one called the court clerk's office by 3 p.m. to request a hearing, as required.
The judge also said he received an e-mail from a court reporter at 4:13 p.m., indicating that Peterson's attorneys had asked that a court reporter be present at the hearing.
Tough fight ahead
Stewart showed up in court the following morning. Beauchesne waited, then confirmed his tentative ruling because no one from the Peterson camp was there to argue against it.
The judge said he will blame no one for the misunderstanding, and Geragos said he is glad to get a chance to argue Peterson's case.
Geragos might have an uphill battle, because the judge already has ruled against Peterson and state law says murderers forfeit their rights as beneficiaries.
On Nov. 12, 2004, a jury in Redwood City found Peterson guilty of murdering his wife, Laci, and unborn son, Conner. A month later, the same jurors said Peterson should die by lethal injection.
He was sentenced March 16.
In legal papers, Peterson's attorneys argue that the money should not be distributed to Rocha while the murder case is on appeal.
All death penalty cases automatically are appealed to the California Supreme Court and can proceed to the federal court system if they are upheld in state court. The process can take decades.
Stewart said Rocha should not have to wait.
Principal Life Insurance of Des Moines, Iowa, deposited $256,429 — the value of the policy plus interest — with the court more than a year ago.
Bee staff writer Susan Herendeen can be reached at 578-2338 or sherendeen@modbee.com.
This story was originally published November 18, 2005 at 7:15 AM with the headline " Peterson life insurance order vacated."