Evidence Admitted, Stipulation of Facts

 

Preliminary Hearing

November 14, 2003

 

HARRIS: I would ask that the photographs that he's looked at be admitted into evidence. I would like to put a notation as to two of the photographs that depict the remains of Laci Peterson, the People are doing that with the understanding that, pursuant to the Government Code, that those two photographs are not public records and would not become public records by becoming admitted into evidence.

GERAGOS: I indicated to Mr. Harris that I do not believe that that's going to withstand a challenge, and I've -- I've litigated this issue before and lost, and that my preference is, at least from our side of the table, that they not be marked as evidence; that I will stipulate that by reference only. But I certainly don't want those pictures out into the stream of commerce, if you will. The pictures are disturbing and they should not be out.

JUDGE: Well, which ones are you moving into evidence, Mr. Harris?

HARRIS: It would be People's 129 -- let's see -- 129 -- 126, 127, 128, 129, and the diagram, which is 133.  The two that we'd like to reserve that issue is 130 and 131.

GERAGOS: And I would -- think it's -- that we're better off objecting, at least from my standpoint objecting to those two photos. I don't believe that --

JUDGE: We'll handle that separately. But how about 132? You didn't mention that.

HARRIS: I didn't see it in the stack.

JUDGE: It's a photo of some pants, I believe.  Photo of some pants.

HARRIS: Yes. That was the Motherhood maternity pants that.

GERAGOS: I don't have an objection of that.

HARRIS: Copy identified of the pants. So we would be asking that one be admitted, too.

JUDGE: Okay. There being no objection then, 126, 22 127, 128, 129, 132 and 133 are in evidence. Is that correct, Mr. Geragos?

GERAGOS: Yes, Your Honor.

(Whereupon People's Exhibits 126 through 26 129, inclusive, and 132 and 133 were received in evidence.)

JUDGE: Reserve on 130, 131.

HARRIS: All right. Thank you.  Your Honor, prior to the next witness, we have a stipulation that I'd like to read into the record that the parties have reached.

JUDGE: Go ahead.

HARRIS: For the purposes of the preliminary hearing and any motions based on the transcript, the parties enter the following stipulation:  The parties stipulate that the body found on 4/13/03 by Michael Looby has been identified as Conner Peterson, the biological son of Laci Peterson and the defendant.   That the body found on April 14th of '03 by Elena Gonzalez has been identified as Laci Peterson.  That evidence item 425-1 to 425-5, also known as K1, which are head hairs taken from the defendant, and 425-6 to 425-7, also known as K2, which were pubic hairs taken from the defendant, were collected and used properly for chain of custody purposes.  Then evidence item 18A, also known as K3, which is the bloodstained card of blood taken from the defendant, and SR2, also known as K4, the cheek swab collected from Sharon Rocha, that were used by Dr. Fisher in her mitochondrial DNA testing were collected and used properly for chain of custody purposes.  And that evidence item 26A and subparts, also known as Q2, which were hairs from the blue/black hairbrush used by the Department of Justice and the FBI, were collected and used properly for chain of custody purposes and came from Laci Peterson -- excuse me -- and came from Laci Peterson's hairbrush.

GERAGOS: So stipulated for purposes of preliminary hearing only with just the caveat that we have agreed that no way -- in no way should this stipulation affect the chain of custody issue of the hair on the pliers that had been previously made.

JUDGE: So I assume that includes all the evidence that was analyzed except for the hair on the pliers. Is that correct?

HARRIS: That's correct.

JUDGE: You join in that stipulation, Mr. Geragos?

GERAGOS: Yes, Your Honor.