This is a rush transcript from "On the Record ," December 12, 2007. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, HOST: Tonight: Former LAPD homicide detective Mark Fuhrman has picked up on a clue, a clue that the rest of us missed. Now, this could be a very damning piece of evidence in the investigation into how Sergeant Peterson's wife number three died in the bathtub and who did it.
Former LAPD homicide detective Mark joins us live in Chicago. All right, Mark. You picked up on a clue that the rest of us missed. What is it?
MARK FUHRMAN, FMR LAPD HOMICIDE DETECTIVE, FOX ANALYST: Well, what's interesting — I have a source that actually told me that when Stacy actually confided in the pastor, she made a statement that she woke up in the middle of the night, she could not find Drew. And this was the night before Kathleen is found in the bathtub. And she can't find him in the house, and she starts calling incessantly, numerous times, to try to get a hold of him. He never answers.
Now, that day that they actually talk to Stacy and Drew and the neighbors, when they find Kathleen, they get information that is an alibi, and that alibi is something that Stacy provides for Drew.
Now, the Illinois State Police agents that are working on this, the detectives, they supposedly told the coroner's inquest jury that they had phone records, but they were not — they had not yet received them as of May 1. And of course, we know Kathleen Savio died March 1. And in that — in those documents — in that testimony and in those documents, it states that, Well, we don't believe that those phone records will give us any other outcome.
Well, I started doing some research. Well, first, we know Drew Peterson and Stacy had Nextel. They keep those records for five years, luckily. But I cannot find anything at the county courthouse. I checked with them. There was no search warrants served in the name of Kathy Savio, Drew Peterson or Stacy Peterson in the year 2004.
So I went a little farther, and I found out that not only is it easily received to get a telephonic search warrant, it takes less than two weeks, the total — writing the search warrant, getting the search warrant and then filing the return of search warrant. I asked the young lady that was helping me at the county courthouse just exactly what would happen if the grand jury went back to the records in 2004, took those warrants and any evidence of them, and seized them and sealed them? She goes, They could do that. But then I said, Every one of those receives a number when they're registered, the return of search warrant. She says, Yes. Are there any members missing or out of sequence? She went from March 1 to November 2004. She goes, None are missing.
We can make this conclusion absolutely. There was not one search warrant written. Now, what does that give us for a conclusion? The special agent either was told certain information that was false, he misled the jury in the coroner's inquest, or there was no intention of writing a search warrant, nor was there ever a search warrant written or any phone records ever checked.
Now, what does this mean, Greta? Here's what it means. If they would have written a search warrant and discovered that Stacy had called Drew's phone three, four, five, six times the previous night — what's interesting about that is Kathleen was killed at least 24 hours prior because of rigor mortis was absent. That takes 24 to 36 hours to completely go through the body.
If that was the case and she had already established an alibi for Drew, they could confront her with this evidence. She has two choices. She can go down in the investigation or she could tell the truth. If she had the truth, Drew's alibi goes south, the investigation is not an accident, it's a homicide, and Stacy'd still be with us.
VAN SUSTEREN: And I should tell the viewers that after you called me with this — and frankly, I missed it, and I thought it was extraordinary - - good work, Mark — but we went back and looked at the transcript from the coroner's jury, the one from May 1. And just so that the viewers know, is that the Illinois State Police, Herbert Hardy (ph), was testifying, and he says, in part, "The only thing we're waiting for now is some phone records, to find out if certain phone calls were made when they said they were made."
Now, we don't know exactly who that's related to, but at least it shows that they know that you could get phone records and that phone records could either, you know, corroborate or blow a hole in it.
There's another part where even a coroner's juror member said to the witness, to the Illinois State Police witness, "Are they verifying the phone records, correct, that the calls were made?" The witness, "Yes, those take quite a while to get. So yes, we've got phone records coming from her phone, his phone, Steve's phone and the rest of it. So yes, we still have to verify that." And that was on May 1. You tell me it takes only two weeks and she died March 1. So...
FUHRMAN: Greta — Greta...
VAN SUSTEREN: ... at best, it's sloppy.
FUHRMAN: Greta, when I talked to the young lady at the courthouse, she said two weeks is a gift. I mean, that's like a lot of time. I personally, back when we were still using pushbutton and rotary phones, could write a search warrant on a phone, I could give it to the telephone company, within two days, they could hand search and make copies and get me back the evidence of that phone search warrant. And that's less than 5 days. Now it's digital. They simply punch it up on a computer, print it out and give it to you. It's done the same day when I left the department 12 years ago.
Now, Greta, here's another thing. If you get an alibi from a girlfriend, a wife or a mother, you have to corroborate that because those are the three people that you don't take on face value on an alibi because those are the three very people that will lie for a loved one every time.
VAN SUSTEREN: And they still — they still got some time to go out and serve these warrants. We only have about 10 seconds left, but how long are they good for, these phone records?
FUHRMAN: They're good — Nextel — we contacted Nextel. They're good — they keep their records digitally for five years now. It's good because back when I was on the job, it was 18 months. Now they keep them for five years. I hope they're still there. I hope the ISP is listening.
And by the way, Greta, there has been search warrants via the grand jury that has been issued in the Savio case since the grand jury has reexamined it since Stacy's been missing. So I can't imagine of anything that they would give a search warrant for if it wasn't for financial records and cell phone records.
VAN SUSTEREN: All right. For the night Kathleen Savio was found — or at least, we think she died. Mark, thank you.
FUHRMAN: Thank you, Greta.
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