Peterson refuses to be taped

Scott Peterson looked thin in his blue prison jumpsuit, and he seemed weighted down by his shackles, according to attorneys who traveled to death row Friday to interview the former Mo-destan.

He also was polite and accommodating, saying "yes, sir" and "no, sir" as guards led him into an interview room at San Quentin State Prison in Marin County, north of San Francisco.

But Peterson, who was convicted of murdering his wife, Laci, and unborn son, Conner, would not submit to a videotaped deposition scheduled as part of a wrongful death lawsuit brought against him by his in-laws.

So Modesto-based attorneys Adam Stewart and Gary Davis will reschedule the deposition and ask a Stanislaus County Superior Court judge to order videotaping next time.

Stewart, who represents Laci Peterson's mother, Sharon Rocha, said he wants to ask Scott Peterson if he loved his wife and if he wanted to be a father.

He said he assumes the convicted murderer will decline to answer questions by invoking hisFifth Amendment right against selfincrimination. But the lawyer wants to have a videotape rolling if that happens.

"I want a jury to watch his reaction to every question I ask," Stewart said.

Sharon Rocha and her ex-husband, Dennis Rocha, are seeking $25 million from their son-in-law.

Peterson was convicted of murdering his wife and unborn son, then dumping her body in the San Francisco Bay during a Christmas Eve 2002 fishing trip.

A jury recommended a death sentence in December 2004, and Peterson arrived on death row in March 2005, after his sentencing.

He now spends 19 hours a day in a 41-square-foot cell and even has a small "walk alone" exercise yard, because authorities are worried about his safety, a prison official said.

Wrongful death lawsuits often are brought in cases involving auto accidents, defective products or medical negligence when insurance companies can afford to pay damages.

They also have been brought in high-profile cases when celebrities acquitted of criminal charges were pursued in civil court, such as football player O.J. Simpson and actor Robert Blake.

Peterson, formerly a fertilizer salesman, doesn't have deep pockets, but the Rochas want to keep him from selling his story.

"We believe it's the right thing to do," said Davis, who represents Dennis Rocha. "He should never benefit from his acts."

A trial is scheduled in September.

Never testified in criminal trial

Stewart and Davis said attorney Pat Harris of Los Angeles, who was part of Peterson's criminal defense team, cut the planned deposition short because he was worried the video would be given to the media.

Calls to Judge Roger Beauchesne could not resolve the matter, they said, so the court will hold a hearing sometime in the coming weeks.

Harris could not be reached for comment.

Davis said there is no legal reason why Peterson's deposition cannot be videotaped.

He said Peterson's testimony is needed because he never testified during his criminal trial in Redwood City. His voice was only heard during taped phone conversations with a former girlfriend, Amber Frey of Fresno.

"The videotaping of depositions is common," Davis said, "particularly if you're not sure that somebody is going to be present at trial."

Stewart noted that even former President Clinton gave videotaped testimony during independent counsel Ken Starr's investigation of the president's affair with Monica Lewinsky.

"He certainly has a lot more constitutional rights than old Scotty boy," Stewart said.

Stewart and Davis said the deposition had been planned since Oct. 31. They said Harris did not note his objections until the beginning of the prison interview.

Vernell Crittendon, public information officer at San Quentin State Prison, said Peterson's attorneys were given 20 days to object to the videotaping and did not do so.

He said videotaped depositions are common and preferable to transporting inmates to court hearings in other jurisdictions.

"It would not be the desire of the Department of Corrections to send any death row inmate out into a public setting," Crittendon said.

Bee staff writer Susan Herendeen can be reached at 578-2338 or sherendeen@modbee.com.

This story was originally published January 7, 2006 at 8:50 AM with the headline "Peterson refuses to be taped."