Is Peterson's fair trial in jeopardy?
Too many factors for impartial trial
By: By George Deutsch
Issue date: 6/18/03 Section: Opinion
The loneliest man in the world right now may very well be Scott Peterson. What was once a search for his missing wife Laci has turned into a homicide investigation with him at the center. All Peterson can freely do now is sit in California's Stanislaus County jail or an emotionally draining courtroom, waiting on others to decide his fate. Sadly, in the eyes of much of the American public, the Laci Peterson case is closed -- her husband is her killer and the killer of her unborn son. But the actions of some -- the media, Laci's family, prosecuting attorneys and lead investigators, just to name a few -- have robbed Peterson of his right to a fair trial. Peterson does not have to prove his innocence; prosecutors must prove his guilt. And until any guilt is proven, the American public should give Peterson the benefit of the doubt.
For the sake of argument, assume Peterson is innocent of the horrendous double murder. He lost his wife. His unborn baby boy, who was to have been named Conner, is also dead. His vehicle and his boat have been confiscated by police, forcing him to sell his wife's SUV. His house? He hasn't seen or slept in it since April. Only one side of his family supports him, while Laci's side of the family has clearly expressed contempt for him and belief of his guilt. Peterson's only connection to the outside world is through his lawyers. All is not well.
Fortunately for Peterson, murder cases in this country are decided through a trial by jury, not based on public sentiment or exaggerated media claims. But when defense attorney Mark Geragos promised to change public opinion about Peterson's guilt, Court TV proclaimed that that was about as likely as "June snow in Modesto." In fact, The New York Post , when breaking news of the Peterson arrest in April, showed a handcuffed Peterson accompanied by the headline, "Monster In Chains." How can any "Monster" receive a fair trial? The media is treating Peterson like it did O.J. Simpson in 1994: his guilt is all but assured. The fact that there is no hard evidence implicating Peterson doesn't seem to matter.
Only making things worse are members of Laci's family, who are so blinded by Laci's death and Scott's admitted marital infidelity that they want to see him -- and apparently, only him -- prosecuted for this crime. When asked about his innocence in several televised interviews, they have either scoffed or laughed at the idea, apparently giddy about his imprisonment. Earlier this month, Laci's family raided the Peterson home, removing some items and possibly planting others, according to the defense, and much of this looting was documented by TV crews. As another of Peterson's defense attornies, Matt Dalton, told Court TV, "The scene is tainted at this point."
All grief aside, this is very inappropriate behavior, and the family owes it to Laci and Conner to let this investigation run its course. Clearly, Laci's family is desperate for answers, but demonizing Scott and compromising the investigation is not the way to get them.
Equally disturbing is the fact that Attorney Gloria Allred, working for the prosecution, has violated a judge's gag order in the case, choosing to give the media televised interviews about her client, Amber Frey, with whom Scott had an affair. Among other allegations, Allred has brazenly stated that "judgment day is going to come for Mr. Peterson," but she can offer nothing more than hearsay and her own opinion on the case. Defense attorneys cannot respond to the allegations, as last week's gag order prohibits them from doing so, and Geragos is asking for Allred to be held in contempt of court for violating the order. With one man's life hanging in the balance, the defense is the only side playing by the rules. This gag order must either be rescinded or all parties must be held accountable to it.
It is also interesting to note that Stanislaus County police have pursued no other suspects as seriously as Peterson, but this is not due to a lack of suspects. Peterson's defense has been forced into pursuing unnamed suspects on its own with limited resources. Still, the defense's main theory -- that a Satanic cult killed Laci -- is actually quite credible. Several impartial witnesses have reported seeing a van adorned with satanic symbols and a man with "666" tattooed on his arm in front of the Peterson home in late December.
The American public seems to dismiss this theory as ridiculous, but Satanic killings didn't seem so ridiculous in the 1980s, when Richard Ramirez -- The Night Stalker -- made California his personal hunting ground. Ramirez, who sat in court with a pentagram etched in his palm and often said "Hail Satan," adds a very real face to the idea of Satanism. Try convincing the families of his victims that Satanic cults don't exist.
When Scott Peterson's trial is over, he may indeed be convicted of murder; he may not be. But the fact remains that Peterson's fate must be determined in court. The American public is not his judge, jury or executioner, and it should not pretend to be. Scott Peterson must have a fair trial. Laci and Conner deserve nothing less.
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