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Post by artguy on Jul 19, 2006 15:34:59 GMT -5
Art this is great!! Is this something where we can ask for a hearing? Can a citizen demand a hearing into prosecutorial misconduct? Scott's rights are limited because he has been convicted..... but what about us? A class action type thing against the government? Maggie - I have been researching and I can't find a legal precedent for private citizens challenging a death penalty conviction. Yet it is the God given right of every American, indeed their obligation to challenge the actions of their government. There has been a serious miscarriage of justice in this case and if enough people protest the decision and are persistent about it, there’s a chance that someone with enough power will eventually demand a hearing on the matter. This could be a Senate hearing (although doubtful) or more likely a Supreme Court Justice could call a hearing among the justices prior to the official appeal and render an interim appeal. However, they would probably want at least an official writ duly filed by an attorney; they could also execute their own writ and release Scott pending an investigation or hearing. The Governor’s office has the power to overturn any conviction or ruling by pardon or other means. I don’t want to lead you to believe that any of this will be easy. People do not like to admit that they were wrong or deceived and that is exactly what needs to happen in this case. The people of the US were deceived through the media, largely as a result of the misconduct of investigators and prosecutors. They are going to want someone to blame and if we try to make the media the culprit they will not be inclined to cooperate, so I think our best bet is to side the general public with the media as both being victims of the misconduct of the investigators and prosecutors of Stanislaus County. They deceived everyone and as a result an innocent man is now facing the death penalty, his family has been destroyed and there is a killer roaming free. And, that there now exists a very real threat to every free American who may find themselves the victim of similar circumstances. I think that is our best position and the one that will most likely gain the most media and public support. Besides sending the letters, we are going to need media support and at some point an attorney; most assuredly, the former will inspire the latter. Since the media is the principal cause of the injustice, I think at this point our best bet would be to try and convince them to provide our cause with at least some level of coverage. With the eyewitness testimony of witnesses seeing Laci after Scott left and all of the other injustices of the case, with the proper media exposure it might just be enough to sway the general consensus of the public. Making the public aware of the painfully obvious truth that anyone can now become an innocent victim will be one of our greatest weapons. It would also help to have a likable public figurehead and spokesperson for this campaign, at least until it reaches the point where a reputable law firm takes over and hires a proper PR representative. I am definitely not that person. As I mentioned before this is not going to be easy and there is only so much any one of us can do by ourselves. Our power lies in our numbers and dedication to the cause, to which I am 100% committed. I will spend what I can at this point on Fed-X expenses to get my letters to the appropriate people in the most expeditious manner possible, once we all agree to the final draft. But I am only one person. I think that’s an important first step but if we are collectively able to generate enough attention, the media will want a representative. Is that a role that you would be able to fill? It would mean going in front of the cameras and exposing yourself to potentially intense media scrutiny. We need a personable impartial individual, comfortable with speaking in public and not afraid of being attacked by the media. It’s a tough job but someone has to do it in order for our efforts to gain the maximum level of exposure. The media will surely not respond to a group of anonymous members of a message board. I’m going to send off the letters once we finish the final draft no matter what and I will continue to help in any way I can. That is all I am able to do. |
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Post by artguy on Jul 19, 2006 17:40:42 GMT -5
Is there any way we can obtain notarized affidavits from the three living witnesses who saw Laci? This would play significantly in our favor.
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AW2B
Doin' Time
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Post by AW2B on Jul 19, 2006 18:24:26 GMT -5
Is there any way we can obtain notarized affidavits from the three living witnesses who saw Laci? This would play significantly in our favor. Art..I think it's a great idea..are you referring to these witnesses? -Maldonado -Tony Freitas -Martha Aguilar -Gene Pedioli As far as I know, they are all living..the only one that passed away is Vivian Mitchell.. |
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dove
Settlin' In
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Post by dove on Jul 19, 2006 19:26:39 GMT -5
We could also try to get video coverage of Vivian Mitchell. I'm sure one of the news stations will have a copy of her telling her story of seeing Lacy. I think she was on a number of news stations. ABC etc.
Also, we can get the photo's of the supposed laci-lookalikes, with they're dogs that don't look anything like Mackenzie at all. Theyr'e different dogs and different colors.
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dove
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Post by dove on Jul 19, 2006 19:44:56 GMT -5
What about all the other evidence Art? Should we start a new thread for evidence only, or is there one already? Or should we keep it all in this thread? I can see this thread getting very big.  Also, how are we going to get people to send in letters? We'll need alot of people. Maybe once you have it all done you can send copies to other Scott support sites. Speaking of scott support sites. I'm sure you've all read stuff on Ask Huck. I've been there and he seems to really believe Scott is innocent. I was reading something there yesterday and some lady name Stella wrote 41 points that contradicted the 41 points agains Scott. If anyone wants to read her 41 points you can go here. I"m not sure if i can post a link in here but i'll try. |
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dove
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Post by dove on Jul 19, 2006 19:53:13 GMT -5
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Post by happyhaddock on Jul 19, 2006 20:06:52 GMT -5
[/quote] Happy - The state can introduce pretty much whatever physical evidence they like, in accordance with the evidence code. It's the job of the defense to discredit the evidence. The house, boat, trucks, etc. and things inside are admissible, subject to evidence code violations. I don't see any, but that does not mean they are not there. My understanding, admittedly imperfect, was that they needed SOME foundation to introduce anything, not just, "We think that he ...". Otherwise we have a case such as this with a theory which cannot be supported by actual facts and an open invitation to the jury to guess. The media releases by the investigators were indeed questionable and I forgot about that. I'll incorporate them into the Addendum, along with any other suggestions you or anyone else may have. Thanks! I understand that the police have given themselves the right to lie to a suspect in order to obtain a confession. I note that not all courts support this as acceptable procedure. However I am unaware of any case in which a court has held that the police may lie to potential witnesses in order to extract a confession from their target. I wonder if he can challenge the Miranda warning on the grounds of insufficiency? ISTM that the cops need to add that they are prepared to lie to you in order to get a confession and that that should be incorporated. I don't know who came up with some of the crap in the papers such as the "blood and vomit" in the mop bucket. Did the papers invent it or did the MPD lie to them? I wonder at what point the MPD actions pass reasonable and get to extortion. Seizing his truck was clearly intended to make his life miserable - after all they found nothing in the truck or the house from which they removed bags of items. |
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Post by happyhaddock on Jul 19, 2006 20:08:12 GMT -5
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dove
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Post by dove on Jul 19, 2006 20:11:17 GMT -5
Art, what about those billboards they put up about Scott? They've got a picture of Scott and it says "Man or Monster". Maybe we can find out where they were put up and when? And whether or not any of the jurors would have been driving past these?
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Post by happyhaddock on Jul 19, 2006 20:57:56 GMT -5
Art, what about those billboards they put up about Scott? They've got a picture of Scott and it says "Man or Monster". Maybe we can find out where they were put up and when? And whether or not any of the jurors would have been driving past these? IIRC they had one on a truck outside the courthouse and Delucchi ordered it removed. |
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dove
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Post by dove on Jul 19, 2006 23:01:55 GMT -5
What about this Perry Munroe. Does anyone know if he was eventually questioned in connection with Lacy Peterson?
News Story
Body parts found in suspect's trunk
Links may be sought between man held in Fresno jail and Peterson case.
Bee News Services
(Updated Thursday, July 3, 2003, 4:59 AM)
Las Vegas police are looking into dismemberment cases nationwide to see whether a man arrested in Fresno last week with severed hands in the trunk of his car is a serial killer.
Perry Carl Monroe, 29, is being held in Fresno County Jail on suspicion of murder and kidnapping in the death last week of a maid in Las Vegas.
Monroe was arrested June 23 by California Highway Patrol officers responding to a disabled vehicle call, as he slept in his car on Clovis Avenue just north of Freeway 99.
A routine license plate check turned up a warrant for Monroe, who was wanted by Las Vegas police for questioning in the June 22 death of Ladonna Milam, 49. A torso suspected to be Milam's was recovered in a Boulder City, Nev., fishing pond just outside of Las Vegas on June 23.
Police said Milam was assigned to deliver fresh towels to a room registered to Monroe on June 22 at the Hacienda hotel-casino. Detectives later discovered a hacksaw blade in a trash can in the room.
Authorities are concerned that Monroe, who lived with his parents in Alameda in the San Francisco Bay Area and who once attended the University of California at Davis, may have ties to other dismemberment cases. He was completing a cross-country trip when he was arrested, police said.
An extradition hearing for Monroe is scheduled for July 9. He reportedly has refused to voluntarily be sent to Las Vegas.
Details of the June 22 homicide have been entered into two FBI databases, Las Vegas police Lt. Tom Monahan told the Las Vegas Review-Journal newspaper. The national exposure will enable other police agencies to look for similarities between their unsolved murders and the Milam case.
"There's no evidence to say that he is" a serial killer, Monahan said of Monroe. "But we'd be foolish not to even consider it. ... I think there was a general consensus that we need to do a lot more research because nobody in my office has ever seen anything like this. And these guys, collectively, are very, very experienced."
Some have started to draw parallels between Monroe and several high-profile California cases:
The body of Evelyn Hernandez washed ashore along San Francisco Bay in July 2002. She was days away from delivering a baby when she and her 5-year-old son disappeared in May 2002.
The bodies of Modesto woman Laci Peterson, 27, and her unborn son, Conner, were found on the bay shoreline in mid-April. Sources have said that Peterson's head and feet were not recovered.
Parts of at least one dismembered body were discovered in a trash bin in Davis in June.
Attorneys on either side of the high-profile Scott Peterson double-murder case are not saying whether they, too, are looking into a serial killer theory. But legal experts say it would be a worthy investigation, given the Monroe arrest.
Monahan, however, dubbed a link between the Milam and Peterson murders as an "absurd theory." Monahan said he was so peeved by the insinuation, he recently picked up the phone and called Modesto police.
"I wanted to explain to them there was nothing to suggest there was anything in common with these two cases," Monahan told the Review-Journal.
However, some legal specialists say attempting to connect the Milam and Peterson cases would be a logical maneuver for Scott Peterson's defense.
"From the defense perspective, they would explore any reasonable alternative that might explain the disappearance of Laci Peterson," said former prosecutor Ruth Jones of McGeorge School of Law in Sacramento.
From the perspective of authorities, "You have an obligation to try and figure out if it fits," Jones said. "If there is evidence out there to suggest the defendant didn't do it, you have an obligation to look at it and turn it over."
Scott Peterson, 30, awaits a September preliminary hearing on charges that he killed his wife and unborn son. Prosecutors will seek the death penalty -- and have made it clear that they believe the evidence points only to Peterson.
A gag order and several court-sealed documents have made it difficult for anyone not directly connected to the case to assess the strength of the evidence against Peterson. Modesto police and Peterson's attorneys, citing the gag order, have refused to comment on the Monroe case.
Stanislaus County Deputy Public Defender Kent Faulkner, who briefly represented Peterson during the early stages of his case, said the circumstances surrounding the Monroe case require a closer look.
"You don't find dismembered bodies very often," Faulkner said. "It's a very unusual circumstance. I think you're obligated to look into it."
But getting information on the cases could be "extremely difficult" for the defense because those investigations are ongoing, Faulkner said.
The San Francisco City Attorney's Office has balked at turning over information from the Hernandez case to Peterson's defense; a hearing on the issue is scheduled for July 9.
Prosecutors, however, typically have an easier time obtaining investigatory reports from other law enforcement agencies, Faulkner said.
"The smart thing for the DA to do would be to run these things down and cooperate and try and access as much information as possible for the defense," Faulkner said. "That could take these things out of the equation."
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dove
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Post by dove on Jul 19, 2006 23:05:26 GMT -5
How can anyone say there's nothing in common here? They were both dumped in water and this guy had the hands of the other victim still in his trunk? The more I look into this case the more sickened I become. I am dumbstruck that they could ever have convicted Scott of this murder just because the jury said they couldn't explain it any other way. I want to swear right now, but i'll be good.
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Post by artguy on Jul 20, 2006 9:27:24 GMT -5
AW2B/Dove - It would be helpful if we could obtain statements from these people attesting to the fact that they witnessed Laci walking on or about 10am on the 24th. -Maldonado -Tony Freitas -Martha Aguilar -Gene Pedioli - Tom Harshman The video coverage of Vivian Mitchell would also be helpful. They are not going to release all of this to a group of anonymous members of a message board. We really need a spokesperson to make the initial contacts, requests and press releases on our behalf. Happy – Here’s a link to the California evidence code: www.law.harvard.edu/publications/evidenceiii/california.htm§352 is the one most often used by the defense to omit evidence that is prejudicial to the defendant. Since they obtained search warrants for the house, boat and warehouse the prosecution is allowed to introduce any evidence found at those scenes, subject to any evidence code violations. I don’t know if the media created some of their own lies or just printed unconfirmed reports by MPD, et. al. I’m pretty sure they are at least a little guilty of both. Still, I think we will get the most support from the media if we side them with the general public as victims and not include them as part of the problem. If we target the media they will not be sympathetic to our cause and without publicity there is not a whole lot we can do to increase our support mechanism. Dove – I’m not sure if we need to list every single piece of exculpatory evidence. That’s part of what the appellate attorneys will be doing. My thinking is that if we can amass a well-organized public opposition group and gain public support, we might be able to get a hearing to release Scott pending appeal. The main issues I see are: - The 4 eyewitnesses who saw Laci but whose testimony was not introduced at trial; - The extensive media coverage that prevented an impartial trial, violating Scott’s 6th Amendment Constitutional right; - The willful and unlawful conduct of the investigators and prosecutors; including, - The misleading and prejudicial press releases by MPD prior to Scott’s arrest; and - The Courts unlawful rulings such as the boat evidence and juror dismissal; - The general lack of any actual evidence linking Scott to the crime. I included the New Evidence, Illegal Conviction, Court Errors and Insufficient Evidence points because they are requisite to an appeal. I think our best course of action is to send the letters while trying to gain public support through the various media outlets by letting them know of these unlawful acts and omissions and to convince them that they were all victims – just like Scott, of the unjust and patently false media releases and public manipulation by the investigators, prosecutors and others with financial and/or emotional interests in the case. _______ In addition to sending the letters we should issue a press release to all the major networks, newspapers and online outlets. Something to the effect: Eyewitness Testimony Never Introduced in Peterson CaseThe CCADP has discovered key eyewitness testimony that was never introduced during the Scott Peterson trial, which proves beyond any reasonable certainty that Laci was alive and walking in the neighborhood after Scott had left for his fishing trip. Spokesperson [insert name] says that: “Had this evidence been introduced during trial, it would have proven conclusively that it was impossible for Mr. Peterson to have committed the crimes. We are appealing to our state and federal representatives to release Mr. Peterson immediately, pending a formal hearing on the matter.” They are in the process of sending letters to various state and federal authorities requesting an immediate investigation into the improprieties of the investigators, prosecutors and even the Court itself, in what they maintain was clearly a wrongful conviction, brought about by patently false press releases by the MPD, prosecutors and other parties with various personal and financial incentives. [insert name] claims that “Mr. Peterson was clearly the victim of reverse jury nullification created by the intense and patently false media coverage, as evidenced in part by the high number of jurors who were dismissed during deliberations; this travesty was facilitated by ineffective counsel and numerous willful and unlawful acts of misconduct on the part of the investigators and prosecutors.” [He/She] who administrates the CCADP message board goes on to say that “Our membership is rapidly growing and organizing in the aid of Mr. Peterson. He was clearly denied an impartial trial and the court erred in numerous instances. We are not willing to accept a lengthy appeal process while an innocent man remains incarcerated and the real killer or killers remain at large. Had the investigation been conducted properly and Mr. Peterson received an impartial trial, inclusive of the exculpatory eyewitness testimony, he could not possibly have been convicted of this crime.” To see the complete details of their efforts or to provide support you can visit their web site at: ccadp.proboards40.com/index.cgi?board=peterson |
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Post by joezand on Jul 20, 2006 14:30:38 GMT -5
AW2B/Dove - It would be helpful if we could obtain statements from these people attesting to the fact that they witnessed Laci walking on or about 10am on the 24th. -Maldonado -Tony Freitas -Martha Aguilar -Gene Pedioli The video coverage of Vivian Mitchell would also be helpful. They are not going to release all of this to a group of anonymous members of a message board. We really need a spokesperson to make the initial contacts, requests and press releases on our behalf. Happy – Here’s a link to the California evidence code: www.law.harvard.edu/publications/evidenceiii/california.htm§352 is the one most often used by the defense to omit evidence that is prejudicial to the defendant. Since they obtained search warrants for the house, boat and warehouse the prosecution is allowed to introduce any evidence found at those scenes, subject to any evidence code violations. I don’t know if the media created some of their own lies or just printed unconfirmed reports by MPD, et. al. I’m pretty sure they are at least a little guilty of both. Still, I think we will get the most support from the media if we side them with the general public as victims and not include them as part of the problem. If we target the media they will not be sympathetic to our cause and without publicity there is not a whole lot we can do to increase our support mechanism. Dove – I’m not sure if we need to list every single piece of exculpatory evidence. That’s part of what the appellate attorneys will be doing. My thinking is that if we can amass a well-organized public opposition group and gain public support, we might be able to get a hearing to release Scott pending appeal. The main issues I see are: - The 4 eyewitnesses who saw Laci but whose testimony was not introduced at trial; - The extensive media coverage that prevented an impartial trial, violating Scott’s 6th Amendment Constitutional right; - The willful and unlawful conduct of the investigators and prosecutors; including, - The misleading and prejudicial press releases by MPD prior to Scott’s arrest; and - The Courts unlawful rulings such as the boat evidence and juror dismissal; - The general lack of any actual evidence linking Scott to the crime. I included the New Evidence, Illegal Conviction, Court Errors and Insufficient Evidence points because they are requisite to an appeal. I think our best course of action is to send the letters while trying to gain public support through the various media outlets by letting them know of these unlawful acts and omissions and to convince them that they were all victims – just like Scott, of the unjust and patently false media releases and public manipulation by the investigators, prosecutors and others with financial and/or emotional interests in the case. _______ In addition to sending the letters we should issue a press release to all the major networks, newspapers and online outlets. Something to the effect: Eyewitness Testimony Never Introduced in Peterson CaseThe CCADP has discovered key eyewitness testimony that was never introduced during the Scott Peterson trial, which proves beyond any reasonable certainty that Laci was alive and walking in the neighborhood after Scott had left for his fishing trip. Spokesperson [insert name] says that: “Had this evidence been introduced during trial, it would have proven conclusively that it was impossible for Mr. Peterson to have committed the crimes. We are appealing to our state and federal representatives to release Mr. Peterson immediately, pending a formal hearing on the matter.” They are in the process of sending letters to various state and federal authorities requesting an immediate investigation into the improprieties of the investigators, prosecutors and even the Court itself, in what they maintain was clearly a wrongful conviction, brought about by patently false press releases by the MPD, prosecutors and other parties with various personal and financial incentives. [insert name] claims that “Mr. Peterson was clearly the victim of reverse jury nullification created by the intense and patently false media coverage, as evidenced in part by the high number of jurors who were dismissed during deliberations; this travesty was facilitated by ineffective counsel and numerous willful and unlawful acts of misconduct on the part of the investigators and prosecutors.” [He/She] who administrates the CCADP message board goes on to say that “Our membership is rapidly growing and organizing in the aid of Mr. Peterson. He was clearly denied an impartial trial and the court erred in numerous instances. We are not willing to accept a lengthy appeal process while an innocent man remains incarcerated and the real killer or killers remain at large. Had the investigation been conducted properly and Mr. Peterson received an impartial trial, inclusive of the exculpatory eyewitness testimony, he could not possibly have been convicted of this crime.” To see the complete details of their efforts or to provide support you can visit their web site at: ccadp.proboards40.com/index.cgi?board=petersonDon't forget to add Tom Harshman that called the tipline and ended up having to go to the command center and talk to someone there only to have his name taken down as TOM HARSH. |
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Post by Maggie on Jul 20, 2006 15:44:23 GMT -5
Art- we need to find out how many supporters want to participate. To those posting here- do you have access to any Peterson support sites or message boards? If so, do you think you could inform any member that wants to participate to come here and post on sign up list? Would that be a good idea? They could then come here and copy the draft when it's ready and send it. The owners of CCADP are very, very busy right now, but by the time we need to involve the media I will talk to them about representing us, or how that should work-- Dace has dealt with the media in the past on Scott's behalf. In the meantime.... I think we need to find out who is interested  I'm sure I don't need to say this but count me in ;D |
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Also, how are we going to get people to send in letters? We'll need alot of people. Maybe once you have it all done you can send copies to other Scott support sites. 
