Peterson's truck at center of blood trail
Investigators found Scott Peterson's blood in the cab of his pickup and "cement-like material" in the bed of the truck, according to prosecution documents filed Tuesday in Stanislaus County Superior Court.
Prosecutors contend that Peterson wounded his hands "during, or after, the murder of Laci Peterson," according to the documents. Peterson has said he cut them during his work as a fertilizer salesman.
Prosecutors also allege Peterson used the truck to carry his pregnant wife's body to his Modesto warehouse and then to San Francisco Bay.
"The pickup truck was an instrument used in the murder of Laci Peterson," Dep-uty District Attorney Rick Distaso wrote.
Prosecutors could attempt to tie cement traces in the truck bed to spilled cement on a flatbed trailer in Scott Peterson's warehouse -- where he might have made anchors.
Laci Peterson, a 27-year-old substitute teacher from Modesto, was almost eight months pregnant when she was reported missing Christmas Eve. Prosecutors contend that her husband murdered her and their unborn son, Conner, late Dec. 23 or early Dec. 24, and they are seeking the death pen-alty.
The defense maintains that police doggedly pursued Peterson, conducting a sloppy investigation while ignoring other leads.
Laci Peterson's body and that of her son were found in mid-April along the bay's eastern shoreline, less than two miles from the spot where her husband told police he fished on Christmas Eve. No cause of death has been determined.
Prosecutors contend that Peterson ferried his wife's body into the bay in his boat.
The defense has asked for the pickup's return to Peterson. In documents opposing the release, prosecutors acknowledged that investigators found blood in the truck.
The issue is one of a handful that Judge Al Girolami is expected to consider today during the 31-year-old Peterson's arraignment on double murder charges. The arraignment stems from Peterson's recent preliminary hearing, which ended with the judge concluding that prosecutors had presented sufficient evidence to warrant the case going to trial.
In a TV interview taped Jan. 27, Peterson said there would be "plenty of blood in there (in his truck) from me."
Peterson said he routinely cut his hands on the job.
"I work on farms. And you can take a look at my hands now and they have cuts all over them," he told Diane Sawyer of ABC's "Good Morning America."
"They do?" Sawyer asked.
"Oh, certainly. You know, you can take a look at the knuckles," Peterson said. "They're always cut on me, you know."
"Been scraped anyway," she said.
"Oh, certainly," Peterson replied.
Prosecutors want to present the truck as evidence so the jury can "physically view the areas where the blood was found," Distaso wrote in the documents.
Samples of the "cement-like material" were collected from the bed of the truck and will be submitted to the state Department of Justice for testing to "confirm the presence of cement," Distaso wrote.
Police Detective Dodge Hendee testified at Peterson's preliminary hearing that he saw five bare patches encircled by spilled cement on the flatbed trailer in Peterson's warehouse. The bare patches might have been where anchor molds sat; a photo submitted into evidence showed a plastic pitcher sitting amid the cement.
A concrete anchor with a rebar loop at one end found in Peterson's boat "fit perfectly" into the pitcher, Hendee testified. It was the only anchor found.
Prosecutors want to hang onto the truck in case the Justice Department technicians want to examine it further, Distaso wrote.
Defense attorney Mark Geragos has asked authorities to release the truck and $15,000 cash found with Peterson when he was arrested, calling it "absurd" to present the actual items at
trial. Photos and videotape of crime scenes are often introduced as evidence.
Geragos suggested in court that the truck and cash could be used to fund Peterson's defense.
Prosecutors agreed Tuesday to turn over the money if the defense does not dispute the amount, denominations and where it was found. Detective Jon Buehler earlier testified that officers found the money on Peterson and in a used
Mercedes-Benz that he was driving when he was arrested April 18.
Prosecutors' argument that they want to present the truck as evidence was unusual, some legal observers said.
"Unless the vehicle has some very unique quality, like some hidden compartment for drug transportation, I've never heard of that being done," veteran Los Angeles defense attorney Bradley Brunon said.
George Bisharat, a specialist in criminal procedure at Hastings College of the Law in San Francisco, said the move was uncommon but potentially useful in a high-profile case.
"If it does have blood on it in particular places, the truck is unique," Bisharat said. "You can achieve something close to the effect with photographs and the testimony of experts. But generally speaking, courts are
pretty sympathetic to the desire of the prosecution to make its case in as graphic a way as possible."
Both Bisharat and Brunon said it was also odd that investigators had not yet tested the "cement-like" material despite having seized the truck almost a year ago.
"If they truly felt that this truck had some probative value, you would think they would want to do that when the evidence was relatively fresh," Brunon said. "There's also the issue of contamination. I'm assuming they don't have the truck in a giant evidence bag that is hermetically sealed."
Bee staff writer John Coté can be reached at 578-2394 or jcote@modbee.com.
THE PETERSON FILE
TODAY
Several legal issues are set to be addressed today when Scott Peterson formally is arraigned on charges he murdered his wife and their unborn son.
Peterson, 31, faces his second arraignment in the case after Stanislaus County Superior Court Judge Al Girolami last month upheld the charges after a 12-day preliminary hearing.
Prosecutors are seeking the death penalty for the former fertilizer salesman accused of killing his wife, Laci, and their son, Conner.
Girolami is to consider:
The defense, in a response filed Tuesday, contends that releasing the documents would endanger Peterson's fair trial rights and hamper its ongoing investigation in the case.
A trial date also is commonly set during the arraignment. If Peterson exercises his right to a speedy trial, by law that date would have to be set within 60 days of the arraignment.
Peterson's defense attorneys have not given an indication whether they will seek a speedy trial. Legal observers have speculated they may delay the trial for months or years as they look for exonerating evidence.
This story was originally published December 3, 2003 at 8:40 AM with the headline "Peterson's truck at center of blood trail."