WHAT THE JURY DIDN'T HEAR
During Scott Peterson's 21-week
trial, jurors heard from 184 witnesses and reviewed
hundreds of exhibits. They saw a lot, but they didn't
see everything. Some evidence was deemed irrelevant or
prejudicial; lawyers determined other items didn't fit
with their trial strategy. Here's a list of some of the
evidence jurors didn't hear, based on Court TV sources
and exclusive documents obtained by Court TV's Catherine
Crier.
Peterson had 12 Viagra tablets in his car when he was
arrested.
The judge allowed police officers to list the other
contents of the overstuffed Mercedes, including survival
gear and nearly $15,000 in cash, but not the erectile
dysfunction cure.
Contents of the car
Peterson refused to take a lie-detector test.
Even when polygraph tests are administered, the results
are generally inadmissible in court.
Peterson bought four phony college diplomas totaling
$267 from an Internet site Dec. 16, 2002 — less than a
week before his wife went missing.
When questioned about the framed fakes by lead
investigator Craig Grogan, Peterson said they were not
part of an effort to reinvent himself, but a gag gift
from his wife, who liked to tease him about how long it
took him to finish his degree. Detectives noted the
diplomas were charged to his credit card and shipped to
him.
Tracking dogs found Laci Peterson's scent in areas
that suggested she left her home by car, not foot, and
had been in her husband's boat.
Judge Alfred A. Delucchi barred this particular evidence
as "iffy."
Jackie Peterson told her son to "deny everything"
when talking to detectives, prompting one investigator
to conclude his parents "know more about what really
happened to Laci Peterson."
Investigator Steve Jacobson wrote this report after
listening to a phone call Jan. 17, 2003, a few days
after reports of Peterson's mistress surfaced in the
press: "On January 17th Scott receives a voice mail from
his mother. His mother tells him he should 'deny, deny,
deny' and that she was told that years ago by an
attorney. His mother tells him his sister Susan
(Caudillo) needs to get a yes or no answer from him. His
mother thinks that may not be a good idea. His mother
said he must deny 'anything.'"
Peterson told police that marina workers saw him
returning from the bay and asked him about his fishing
trip.
Those men — if they existed and were ever located —
never took the stand.
When Jackie Peterson heard police were searching the
San Francisco Bay again, she told her son that no one —
"not even you, Scott" — would be stupid enough to dump
bodies in the very location of their alibi.
Modesto Police Department report on the wiretap: "On
January 26, 2003, at 1828 hours, Scott called home and
talked with his mother. Scott told his mother that
Detective Grogan called him today and told him police
were back searching again in the bay. Scott's mother
asked if Det. Grogan was crazy and asked why he called
him. Scott replied that he thought Det. Grogan was just
trying to get a reaction from him. Scott's mother said,
'I can't imagine anyone being stupid enough to say they
went fishing in the Berkeley Bay after having committed
a crime there. I mean not even you Scott.'"
Peterson wrote ex-mistress Amber Frey a letter from
jail the week after his arrest, apologizing to the
massage therapist and promising he would use his brief
time in custody to "do the work of the Lord."
Modesto police detective Jon Buehler wrote this report
June 8, 2003: "Meeting with Amber she turned over to me
a two-page letter dated April 25th, 2003, from Scott
Peterson. It was a photocopy, and it appeared that the
original had been written in pencil. It detailed that
Scott believed that he would be exonerated for these
charges, and that while he was in custody he would be
using his position in custody to do the work of the
Lord. He thanked Amber for her influence with this, and
apologized to Amber for having been caught up in the
intense media coverage surrounding this case. Scott also
writes that he was hoping for a preliminary "trial" to
occur so that the case will be dismissed. This would
allow him to continue his work and his purpose, but he
did not specify what that was. Scott further wrote that
May 4th was Laci's birth date, and that he was asking
friends to fly a kite in her memory. He ended the letter
by stating words to the effect that children are
miracles and gifts."
Full story about Scott Peterson's
letter
Peterson told another former mistress from early in
his marriage that he had no intention of having children
"because they would get in the way of his lifestyle."
From a police report of an interview with the woman,
"Janet": "I asked [Janet] if her and Peterson talked
about having a family. [Janet] said her and Peterson had
gone to a rodeo on one of their dates and there were
kids present at the rodeo. Peterson told [Janet] he did
not want kids because they would get in the way of his
lifestyle. [Janet] said Peterson made it clear that kids
were not in his future."
Excerpts from police report
The first mistress, "Janet," told police that
Peterson behaved bizarrely after their relationship
ended.
From a police report: "I asked [Janet] about their
intimate relationship. [Janet] said, 'He had issues.' I
asked what [Janet] was talking about, and [Janet] said
Peterson did some weird things at a bar after they broke
up. [Janet] said it was only second hand information
from Peterson's roommates, however [Janet] heard
Peterson got real drunk and began exposing his penis in
the bar. [Janet] said Peterson was very self-conscious
about the size of his penis, and whether he could please
a woman."
Report: First 'other woman' didn't
know he was married
A rape counselor told police that in mid-December a
woman reported being sexually assaulted by satanists in
a brown van who said they were going to kill someone on
Christmas Day.
'Mystery woman' pawns watch like
Laci's
See
the pawn slip
Sharon Rocha confronted her son-in-law after she
learned of his affair with Amber Frey, calling him a
"f---ing liar" and demanding he tell her where her
daughter was.
Read transcript of the taped conversation
Close friend Brian Argain cut off contact with
Peterson because he found his alibi "fishy" and noticed
he wasn't making eye contact when he talked about his
wife's disappearance.
Report: Scott Peterson's friend
thought his behavior was suspicious
Police found pornography on Peterson's computer,
including images of bestiality and bondage and an essay
called "Raping the Teacher."
According to a Modesto Police Department report,
"Investigator Kirk Stockham conducted a search of data
contained in four computers seized during search
warrants for his residence and worksite. Stockham said
three of the computers were used exclusively by Scott
Peterson and had been used to obtain information
regarding Viagra, to obtain information regarding the
Berkeley Marina and water currents, and contained
extensive pornographic images and sexually explicit
writings. Some of the primary themes depicted in the
pornographic images were bestiality and bondage. The
writings included essays entitled, "The Wife Confesses"
and "Raping the Teacher." Investigators noted the Dell
laptop computer that showed access by both Laci and
Scott had no history of inquiries regarding pornography
or Viagra."
On the day Peterson's lawyers pledged to find the
real killers, a prosecution investigator approached
defense attorney Kirk McAllister and asked him for any
information that would clear his client. "Go f---
yourselves," the lawyer allegedly replied.
On May 5, 2003, prosecution investigator Kevin
Bertalotto wrote this report: "On 5-5-2003 at
approximately 0730 hours, I opened an email sent to me
by Deputy District Attorney Rick Distaso, which
requested that Kirk McAllister be contacted and asked if
he had any information, which might clear Scott Peterson
of the charges he is accused of. On 5-5 at approximately
0825 hours, in the Stanislaus County Court Building in
the hallway near Department 8, I saw Kirk McAllister
standing in the hallway. I know Kirk McAllister as a
local criminal defense attorney and have had dealings
with him in the past on criminal cases that I was
working. I approached Kirk and said good morning and
shook hands with him and he reciprocated. I asked Kirk
if he wanted to share any information to clear Scott
Peterson to the District Attorney's Office. Kirk
responded, "Go f--- yourself." I responded by saying,
"Don't shoot the messenger, we've always got along
good." Kirk said, "Yeah I know," and reached out and
touched my upper arm and then said, "Well take this
message to whoever, go f--- yourselves."
Three weeks after his wife disappeared, Peterson
mused to his father that he might be "pulling an O.J."
by going to his country club to work out.
Investigator Steve Jacobson wrote this in his report:
"On January 14th Scott receives a call from his dad,
whom he refers to as Chief. His dad talks about sending
him $5,000 to help out financially, then asks where he
is. Scott states, 'I'm going to workout for a few
minutes here at the club, relax a little bit. I don't
know if I'm pulling an O.J. by being at the club or not,
but…' Scott goes on to explain about 'you know,
misperception.' It is very interesting that Peterson
would compare himself to O.J. Simpson, who was charged
with the murder of his wife but was later acquitted by a
jury."