Conner's "Victim" Status Questionable
by Holly
TAI Member
This link is to an interesting April 2003 column by Cal Thomas about Scott
Peterson and the "special circumstances" case. The heart of the opinion is that
in a federal court, abiding by its own ruling on the legal definition of
"personhood", Conner the unborn may remain a fetus and lose his special status
as victim, if an appeal goes to a U.S. District Court.
And if that happens, California vs. Scott Peterson may be limited to a one
victim case and disqualify it from the Death Penalty if there is a new trial -
which there will likely be. At issue is the definition adapted by the Supreme
Court relevant to defining what makes a person, legally. Conner does not make
the cut.
Any Bush administration/Sharon Rocha statute would not apply, since the alleged
murder occurred before the new legislation.
If Scott is remanded for a new trial and the state must drop the victim, fetus
Conner, then there will be quite a different look to the trial. For one thing,
forget any mention of "Conner". Forget any autopsy results, any photos of the
doll-like corpse and on stand weeping by his expectant grandmother, about how
his loss affected her. None of that will be allowed.
Forget the corpse discovery by a dog walker except as a matter of crime scene
investigation.
Any weight given to the pregnant status of the only victim - Laci - will be
extremely limited and may not rate a mention at all, except as her physical
condition as a pregnant woman. You can forget seeing Conner's nursery, his
sonogram photo or any of the other Conner devices used to demonize the defendant
at trial. Forget about the state being allowed to cite anti-fatherhood
references except in a very limited fashion.
And without Conner - what does the state really have? Almost nothing. They have
a dead pregnant woman and no issue of her pregnancy, Conner, or coffin birth
will be part of the new trial. And if a higher court rules that the media and
the state prosecutors relied too heavily on Conner as a death penalty hook -
there may not be a new trial at all.
And Geragos needs to recognize the federal issue too. He has also promoted a
Conner birth and Conner personhood and that may have been a strategic error.
In the end, just the issue of fetus Conner may make it impossible to re-try
Scott Peterson. He may emerge from Death Row a free and exonerated man, because
the state pandered too much to community emotion and failed to recognize the
larger legal issues.
In a conviction built on raw emotion and few forensic facts, dead baby (upgraded
from fetus) Conner was a necessary ingredient to make jurors hate Peterson. Just
listen to former juror, Rochelle Nice, who referred to the fetus as "Little Man"
and went on to justify her vote by suggesting the person they trusted most
should have protected them, not killed them. That is pure emotionalism based on
mother and son victims and not one bit of thinking about the lack of evidence.
That proved the emotional prejudice built around dead Conner and calculated by
the state worked - but in another trial it won't be there at all, if the victim
count is halved.