Scott Peterson’s defense lawyer failed Wednesday to get murder charges thrown out against his client, but he did, for the first time, spell out just how he contends Laci Peterson and her unborn son died and ended up along the banks of the San Francisco Bay.
It was two men, not Scott Peterson, who accosted Laci Peterson as she walked her dog in Dry Creek Park near her Modesto home on Christmas Eve morning 2002, defense lawyer Mark Geragos said Tuesday.
They kidnapped her, held her hostage for up to seven weeks and, either when the baby was born or the abductors removed the baby from the womb, killed mother and child.
Laci was bound with duct tape and thrown into the San Francisco Bay. The baby was put into a plastic bag and thrown in the water.
Geragos said his explanation is supported by several facts, including testimony from a witness at the park on Christmas Eve morning who said she saw two men yell at a pregnant woman who looked like Laci, telling her to stop her dog from barking. The baby appeared full term or near full term when it washed up on the beach in April. Laci was eight weeks shy of her due date when she disappeared.
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The baby also was found with tape wrapped and knotted around his neck, probably from the plastic bag that was found near the baby’s body, Geragos said.
“That’s the only thing that makes any sense,” Geragos said.
As a defendant, Peterson has no burden to prove that theory, only to convince a jury there is reasonable doubt that he did killed his wife. The prosecution, however, is required to prove its theory that Peterson killed his wife.
Geragos presented the theory Wednesday at a hearing on a motion he filed asking another judge to overturn Stanislaus County Superior Court Judge Al Girolami’s ruling that prosecutors have presented enough evidence to hold Peterson over for trial. Stanislaus County Superior Court Judge Marie Silveira, however, affirmed Girolami’s ruling Wednesday and dismissed Geragos’ motion.
The trial is scheduled to begin Jan. 26, though that could be delayed because the site of the trial still is to be determined. A hearing will be held Tuesday at which Girolami will consider a report from state court administrators and hear arguments from both sides on where the trial should be held.
According to the state, Santa Clara, San Mateo, Alameda and Orange Counties all have said they can handle the trial without undue burden.
Girolami, who ruled last week that media publicity made it difficult for Peterson to receive a fair trial in Stanislaus County, wants the trial held within driving distance of Modesto and said his preferred choice is Santa Clara County.