One former member of the jury thinks so.
REDWOOD CITY, Calif. (AP) – A juror dismissed from the Scott Peterson murder trial criticized the prosecution’s case on Thursday, saying there had been no good explanation of how or why Peterson would have killed his pregnant wife.
Justin Falconer, replaced Wednesday by an alternate, told reporters outside the courtroom that he would have found Peterson not guilty.
“He’d be innocent, because the prosecution hasn’t given us any reason to believe otherwise so far,” the 28-year-old airport screener said. Elsewhere Spoons wonders about the admisibility of the testimony of detective Allen Brocchini who received a tip from a former friend who said Peterson told him how he would dispose of a body.
This AP reports frames the use of this information.
REDWOOD CITY, Calif. (AP) – It would seem the kind of lead investigators building a murder case against Scott Peterson would doggedly pursue: A caller claiming the former fertilizer salesman once talked about how he would dispose of a body by weighing it down and dumping it in the ocean.
But the tip, which came the day after Peterson’s arrest, was swiftly deemed not credible, detective Allen Brocchini testified Tuesday.
It was part of prosecutor Rick Distaso’s attempt to show that as police fielded thousands of tips following the disappearance of Peterson’s wife, Laci, they didn’t just accept any information that pointed to her husband as the killer – contrary to what defense lawyer Mark Geragos maintained during his cross-examination.
Brocchini, who wrapped up five days of testimony Tuesday, told Distaso the man, claiming to be a college friend of Peterson’s, said the two had a conversation in 1995 “where Peterson told him how he would get rid of a body.”
“He said he would tie a bag around the neck with duct tape,” weigh the body down and dump it into the ocean and “fish activity would eat away the neck and hands and the body would float up, no fingers, no teeth,” making it impossible to identify, Brocchini said.
Distaso then left it to Geragos to ask what the detective did with the tip.
“I just didn’t put a lot of stock in it,” Brocchini testified – the man’s account wasn’t credible, his timing was suspicious and his story couldn’t be confirmed by anyone else.
The revelation countered Geragos’ argument that the police were out to get Peterson, some legal observers said.
“If they wanted to frame Scott Peterson, this guy would have been the prosecution’s star witness,” said Dean Johnson, a former San Mateo County prosecutor who’s watching the trial. “It’s the best day the prosecution has had. It restored credibility to Brocchini.”To recap – The prosecutions “best day” basically showed how detectives discarded a piece of evidence. I’m thinking that if that’s your best day as the prosecutor you’ve got real problems on you hands.