This is a partial transcript from On the Record with Greta Van Susteren, November 6, 2003.
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(BEGIN VIDEO CLIP - APRIL 18, 2003)
CHIEF ROY WASDEN, MODESTO POLICE DEPARTMENT: The investigators working this case… pursued the logical investigative leads and where they went. And as that investigation moved forward, we thought it was -- it was important to keep track of Scott. And we did those prudent and reasonable things so that we could move forward in the investigation.
(END VIDEO CLIP)
GRETA VAN SUSTEREN, HOST: We're back live from Modesto, where explosive new testimony was revealed Thursday. For the first time, we learned Scott Peterson (search) led cops to a loaded .22-caliber gun in his truck. The gun looks like this one. When cops asked Scott if they could test him for gun residue, he replied yes. When the detective went to get the testing kit, Scott asked if boat exhaust on his hands would create a false positive. But under cross-examination, the detective admitted the swabs were never tested.
Let's get reaction. Ted Williams is in Washington. Forensic pathologist Dr. Michael Baden and Jayne Weintraub are in New York. Still in Modesto are Gloria Allred, Laura Ingle and Vinnie Politan.
All right, Ted, you're a former homicide cop. What do you make of a police officer taking swabs and then the swabs never get tested?
TED WILLIAMS, CRIMINAL DEFENSE ATTORNEY: You know, that is very troubling to me because you took the swabs because you clearly wanted to try to find out if this person had fired a weapon. And clearly, if the person said to the detective, Hey, look, I'm concerned about the exhaust fumes and how that would affect the test, quite naturally, that would have raised some eyebrows a little bit and you would have definitely tested those swabs.
VAN SUSTEREN: Dr. Baden, let's back up a little bit and talk about this testing. When you fire a gun, there's a gun residue comes on your hand. If I fire a gun and then take a shower and clean up, can I get rid of all that residue, or are the tests sensitive enough to pick up the residue?
DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: Yes. You can get rid of it, if you wash your hands and you clean your hands off. And that's one of the problems. If he's out fishing, puts his hands in the water, one can get rid of the barium and the various chemicals that go on the hand when a gun is discharged. So...
VAN SUSTEREN: And of course, today, the detective, Brocchini, testified that Scott said to him that -- when he interviewed him, that when he came home, he had something to eat -- put his clothes in the washer and had something to eat, then took a shower. So you wouldn't -- you wouldn't necessarily expect a residue...
BADEN: No, I wouldn't expect it. But I agree with Ted, if he starts asking about other chemicals that can interfere, that would raise my suspension a great deal. And if you take the test -- if you take the swabs, there's no reason why you can't bring them over to the lab. The lab would also be looking at the gun, to see if the gun has been fired recently, if there's any bullets have been expended. They can tell in the lab whether the gun has recently been fired.
VAN SUSTEREN: Here's what -- Jayne -- and maybe I'm playing right into your hands, but the whole idea about the gun -- we know a couple things. No. 1 is he took the police to the gun. That seems a little bit unusual. No. 2, if a gun is fired in the house, chances are, in this neighborhood -- the houses are close together -- someone might have heard a gun. And No. 3, guns are pretty bloody. If you shoot one, there'd be blood around.
The gun thing to me -- it's almost as though the police aren't particularly interested in it.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Zero again. Also because, No. 1, there is a full magazine, which means all the bullets are in there, not that it could have been reloaded. But as Dr. Baden was pointing out, and as Ted will verify from homicide scenes, they could easily have tested the gun. Greta, we don't know that they didn't test the gun and that they showed -- or that it would show that the gun had not been fired. What we do know is it doesn't matter. We don't have a bullet to match it to. So in this case, it's a wash-out again. It's not the murder weapon, and they'll never be able to prove it's the murder weapon. Nobody says she was shot.
VAN SUSTEREN: Vinnie, what are your -- what are your thoughts on the gun?
POLITAN: Well, I was surprised. First of all, when we heard the testimony, I think what it may do, if it comes out, if this goes in front of a jury, is you know, What is a fertilizer salesman doing with a loaded .22?
VAN SUSTEREN: Maybe he's a target shooter.
POLITAN: Well, I mean, you can say that, but again, it doesn't help the defense at all, but it's not fatal at all.
VAN SUSTEREN: Do you think the judge would let it in, if they can't link it to this in any way? I mean, you know, if they can't say it was the murder weapon, they can't -- I mean, it's -- you know, it's legal to have guns in this country.
POLITAN: Right. That's a legal battle. If they have no reason and it's not related to the crime, they may have difficulty even getting it in.
ALLRED: Well, I don't know if it's legal, by the way. The detective testified that it was not legal...
WEINTRAUB: ... irrelevant to the murder.
ALLRED: ... glove compartment, and that is why Detective Brocchini took the gun and...
VAN SUSTEREN: Why didn't he arrest him?
ALLRED: Well, why didn't he arrest him? I mean, only the detective can -- can say why he didn't arrest him at that time and why he ultimately arrested him at the time that he did. But he said it is not legal to have that gun. And Scott was upset that the gun was taken, by the way.
WEINTRAUB: Hold on, Gloria.
ALLRED: The detective testified Scott called him and was upset that the detective had taken the gun.
VAN SUSTEREN: Jayne?
WEINTRAUB: It was illegal for him to drive a car and have it locked in the glove compartment without a permit. That does not make it an illegal weapon. He has registered the gun. The gun belongs to him. It is a lawful weapon. What the detective testified to is that it's illegal to drive it and have it in the glove compartment. That's what makes it illegal.
VAN SUSTEREN: All right, Laura, your thought on the gun.
INGLE: I was -- I was very surprised to hear about this today. I was also surprised to hear about shotgun shells in the back and about the...
VAN SUSTEREN: Which is bloodier. If you shoot someone with a shotgun...
INGLE: Well, where's the shotgun? What shotgun are we talking about? And also about the bag of unopened fishing lures that was used -- that we found...
VAN SUSTEREN: I mean, that was sort of interesting, the unopened -- but in terms of -- I mean, my bet, and I'll bet with all -- at least on the lawyers -- is that the gun will never come in at trial, if there's a trial.
VAN SUSTEREN: Unless they can tie it some way to some crime. Agreed, Vinnie?
POLITAN: Well, I think it would be an uphill battle for the prosecution unless there's some sort of nexus.
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