Examining the Evidence

This is a partial transcript from "On the Record," Oct. 27, 2004, that has been edited for clarity.

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(BEGIN VIDEO CLIP — AUGUST 2003)

MARK GERAGOS, SCOTT PETERSON'S ATTORNEY: Dr. Wecht (search) and Dr. Lee have agreed to come on board to help us in this matter. Both are thought of in their fields as the foremost experts. And given the consequences in this case and given, I think, initially, at least, some of the investigative things that were done, I think it was important to get the best people in the field.

(END VIDEO CLIP)

GRETA VAN SUSTEREN, HOST: Our next guest consulted with the defense back in August of 2003 after examining the bodies of Laci and Conner Peterson (search). He was expected to be called by Mark Geragos this week, and he was not called. Joining us from Pittsburgh is forensic pathologist Dr. Cyril Wecht.

Nice to see you, Dr. Wecht.

CYRIL WECHT FORENSIC PATHOLOGIST: Good evening, Greta.

VAN SUSTEREN: Doctor, when did you get the word that you would not be called as a witness?

WECHT: Mark and I talked a few times last week and then into the weekend. And late Saturday night, we both decided that Mark had enough on cross-examination of the various medical experts, and there really wasn't more I could do. I could emphasize certain things. It would be nothing dramatic. And as you know, Greta, and of course, all your attorney panelists, on cross-examination, there are certain things that I would concede.

VAN SUSTEREN: Well, let me ask you some questions about it. Let me ask you the real heart of the matter. What is your opinion? Is your opinion that Conner was born dead or alive? Was Conner born alive, sir?

WECHT: I'm unable to give a definitive opinion. The organs and tissues were so decomposed that microscopic examination did not yield the answer. If we have a body that is reasonably fresh, then we can make that kind of determination. But there is no way to say that that baby definitely was born dead.

VAN SUSTEREN: All right, let me ask you another quick question because these go right to the heart of the matter. I don't mean to put you on the stand, but I guess I am a little bit.

WECHT: No, it's OK, Greta. Go ahead. Go ahead.

VAN SUSTEREN: All right. Can you estimate when Conner died?

WECHT: No, I can't, for the same reason. There was meconium (search), so the baby probably died within 48 hours, did not have to die right away. Let me say that there is no way to defensively state that that baby could not have been removed from the uterus. And the idea that, as one of your panelists who's not with you this evening has wildly explained as bizarre and so on — Jeffrey Dahmer was bizarre and Robert Berdella (search) was bizarre. And there's a lot of things that are bizarre, and especially in the state of California. So to remove a baby and to keep it alive for a short while, the baby dies, for whatever reason.

And you know that twine around the neck and over the shoulder, on the arm? How about if there is some kind of a bag that is over the baby that is held in place with that tape, and the bag dissolves and breaks apart in the water and the tape remains? There are a lot of explanations. The baby's head was 28 centimeters circumference. I measured 20 centimeters around the neck. You talk about something coming over the head, the body's floating in the water? You couldn't do that in a million years.

There's lot of things that are inexplicable in this case, and the idea that, Oh, it's absolutely definite — you can talk all you want about Amber Frey and you can talk all you want about what a cad he is and his dyed hair and his money in the wallet, the fundamental things apply, as they say in that song, Greta. And where was the death? When was the death? What was the mechanism of the death? Where's all the biological forensic evidence in this case? Where is it? Where is it?

VAN SUSTEREN: Let me ask you a scientific question. Maybe you can answer this, maybe you can't. But there has been some suggestion that the baby was in the water for a short period of time. Could you validate that assertion or not?

WECHT: Yes, I would agree. The dead baby was not in the water for three-and-a-half months. No way. The baby was in the water two days, three days, four days, something like this. There's no question about that.

VAN SUSTEREN: And with that, Dr. Wecht, I have the worst thing: I have my hard break. I've got to go. Sorry, Dr. Wecht. Thank you. It's nice to see you, sir.

WECHT: All right. I hope we can do it again.

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