Scott Peterson sentenced to death

Arguments for new trial
The judge at the start of the hearing dismissed defense motions for a new trial.

In court papers unsealed Monday, Peterson’s lawyers had requested a new trial. Geragos said Peterson’s telephone calls to Frey should not have been admitted. He said Peterson never implicated himself in the crime during the calls and that authorities should not have tapped his phone.

Geragos also claimed that prosecutors withheld evidence that a state prison inmate claimed he heard that Laci Peterson had interrupted a burglary at a neighbor’s home in Modesto on Dec. 24, 2002, the day she disappeared.

Scott Peterson claims he went fishing that day, and Geragos says the tip “points to the conclusion that Laci was alive after Scott left for the day.”

But prosecutor David Harris said the burglary happened two days after Laci Peterson’s disappearance. He said the evidence would not have changed the verdict.

Geragos said he became aware of the tip about six weeks before the verdict and later discovered “a small notation in hundreds of pages of tip sheets” provided by prosecutors before the trial.

Prosecutor: Tip was known year earlier
He said it took several weeks to investigate and prison tapes that would have confirmed the tips were no longer available.

“If the evidence were presented at a retrial, it is highly probable a different result would have occurred,” Geragos wrote.

Harris said the tip was provided to defense attorneys a year before the trial started. “His claim is reminiscent of the ’boy who cried wolf,”’ Harris said.

The motion for a new trial also claimed the judge erroneously dismissed two jurors, and erred in denying Geragos’ motion for a second change of venue.

Geragos also alleges that Frey, who wrote a book about the case, wanted to see Peterson convicted so that she could sell more copies.

Frey's lawyer, Gloria Allred, said she had filed an objection Wednesday morning against the allegation. "She was not planning a book at that time or discussing it," Allred told "Today."

MORE FROM CRIME & COURTS

Crime & courts Section Front

Funerals held for some Fort Hood victims Obama: Congress should wait on Fort Hood Former congressman sentenced to 13 years ‘Balloon boy’ parents plead guilty Evangelist gets 175 years for child sex Lawmaker: Hasan linked to Pakistan Suspected serial killer had previous arrest Dugard suspect apologizes for ‘sexual problem’ Police: Man admits to kidnapping N.C. girl Cops: Bloody sock links Yale suspect to victim Crime & courts Section Front   Add Crime & courts headlines to your news reader: