Delaying Action

Dear Viewers,

In Monday's blog I have included, among others, three pictures from our trip last week to Redwood City (search) for the Peterson case (search).

The pictures show where Laci's body was found, where Connor's body was found and where Scott placed himself that day (fishing at Brooks Island.) The pics give you a better perspective of the D.A.'s case. Having been to these spots, and having taken the pictures, I can not figure out why the DA has not take the jury out to that spot. Actually going there gives the jury a better idea of what the evidence is that the D.A. seeks to present. It is always better to actually go some place and see something for yourself than to have it described for you.

Some have suggested that perhaps the D.A. did ask the judge to take the jury there and that the judge turned the D.A. down. I can't figure out why in a death penalty case the judge would deny this. What makes this case so frustrating for me as a former trial lawyer — and as lawyer on TV — is that the judge holds many hearings in secret. Frankly I am unhappy that the lawyers agree to these secret meetings and that the media doesn't seem to object either. It could be said that it is not secret since there is probably a court reporter present taking every word down... but there is a big difference between hearings in open court in "real time" and reading transcripts after the fact.

We expect that Monday the defense will call a cement/concrete expert. As you may recall, the case has been "on hold" for a week while the D.A. got his expert out to the Peterson home. This is something else I don't understand... this should have been done more than a year ago and not now to delay the trial. By the way, our TV show (yes, a TV show!) was already lining up cement/concrete experts long ago. It is stunning to me that a TV show based 3000 miles away would be more on top of the case than the prosecutors assigned to prosecute the case.

Finally, the question of who suffers from the delay. Here is who suffers: California taxpayers, the jurors and all the prosecution. Why the prosecution? Because they have allowed so much time to be placed between the close of their evidence and the defense case. The last thing a prosecutor wants is for the jury to have a distant memory of its evidence. So, the D.A. shot himself in the foot by not having his expert ready and by asking for a week off. (And yes, I am sure the defense was playing some games for the D.A. to walk into this trap.)


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