Laci Judge Weighs Autopsy Release

The judge in the Laci Peterson case was expected to announce Friday whether to release key documents in the case — including an autopsy report that was partially leaked to the press, prompting prosecutors to support making it public.

During a pretrial hearing on Tuesday, Stanislaus County Superior Court Judge Al Girolami said he would rule by the end of the week on whether to unseal police reports, arrest warrants and autopsy results in the trial of Scott Peterson, who is accused of murdering his wife, Laci, and their unborn son.

The Modesto judge told Charity Kenyon, a Sacramento lawyer representing The Modesto Bee and four other California newspapers, that he would most likely order that the documents remain impounded until a July 16 preliminary hearing, held to determine whether Peterson should go to trial.

The judge also said he was considering a gag order on lawyers in the case to prevent leaks fueling news stories.

A major leak occurred Thursday when news reports said an autopsy indicated that the body of Laci Peterson's unborn son had a significant cut and plastic tape wrapped around the neck.

Prosecutors responded later in the day by saying the report was misleading.
"The information being leaked has clearly been skewed in favor of the defense," wrote Deputy Stanislaus County District Attorney David Harris. "By releasing the autopsy reports the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity."

The information was first reported by cable news channel MSNBC, which said it had received a portion of the autopsy report completed by the Contra Costa County coroner's office. Results had been sealed by court order after Stanislaus County prosecutors said releasing them would jeopardize Scott Peterson's right to a fair trial.

Only the prosecution and defense were given copies of the reports and prosecutors said they had not shared results with police or Laci Peterson's family.

In a statement, District Attorney James Brazelton said "evidence in this case should be presented in court through the testimony of witnesses and not selectively leaked to the news media by unknown persons whom the press will not identify."

The Contra Costa County coroner's office did not comment on the report.

Part of the autopsy indicated the unborn baby boy had 1½ loops of plastic tape around his neck, MSNBC said.

Scott Peterson, 30, of Modesto, is accused of killing his wife and unborn son, whom the couple had planned to name Conner, last Dec. 23 or 24 in their home. Laci, 27, was eight months pregnant at the time. The bodies washed ashore in San Francisco Bay last month.

Contra Costa County authorities concluded their autopsy report earlier this month, but did not disclose the cause of death.

It's possible the fetus was cut shoulder to shoulder or became wrapped in the tape because of its long submersion in San Francisco Bay, the MSNBC report said, adding that the part of the coroner's report the network received "doesn't prove anything one way or another."

Mark Geragos, Peterson's defense attorney, would not comment on the report. He said Girolami, during a closed meeting in his chambers Tuesday, "more than telegraphed that he does not want us commenting on the case."

Girolami had said he was considering a gag order to prevent news leaks. He earlier ordered the police to turn over to the defense tape recordings of Scott Peterson's phone calls.

Geragos has suggested that members of a satanic cult were the killers. He has also hinted that a female mystery witness could lead authorities to the real killer and free Scott Peterson.

"Whatever else this autopsy information may or may not mean, it strongly suggests that the case against Scott Peterson is not going to be a runaway prosecution victory," said CBS News legal analyst Andrew Cohen.

"Even if the autopsy report also includes conclusions that fit into the prosecution's theory of the case, it's fairly clear now that Peterson's attorney will be able to use this part about plastic tape to fit the apparent defense theory that Laci Peterson was attacked and killed by some sort of cult member," Cohen said.

"And in a case without any confession or apparent eyewitnesses, that counter theory will give jurors something to work with if they are inclined to be sympathetic toward Peterson," he said.