The Prosecutor's Case .. continued

Except for maybe him. Go ahead John, play that clip. The GMA clip.

(Video played)

Well, yeah, I expect people to believe that. I'm Scott Peterson.

I expect people to believe anything I say. That's what this guy wants you to believe here. You think, there's no arguing? No, not at all; I can't even say, well, I can't say she was okay with it; but it was not any big deal with us.

A woman's seven and a half months pregnant, her husband's out having an affair and she doesn't care at all? Does that appear to be anything that you heard about Laci Peterson in this case? Of course not. That's ridiculous.

No, it isn’t. Women have put up with much, much worse. Laci’s mother was divorced and has never married her partner, Ron Grantski. Why? There is no one-size-fits-all for relationships. Many are far, far stranger than this.

On December 20th Scott Peterson buys the only saltwater fishing pole that he has. It's right here. It's a lightweight saltwater fishing pole. And I'm going to talk about it. It's not at all set up for any of the things he was supposedly fishing for that day. But this is it. So the avid fisherman will run out to the Berkeley Marina from Modesto, 90 miles away on Christmas Eve, buys a fish, doesn't even own a fishing pole to fish there until December 20th. And he bought it as a prop. He didn't buy it to go fish for sturgeon that day, I can tell you that.

True. He was trying out the boat, not fishing. Even if he dragged out a line it was just for test purposes.

He also bought a two-day license and two lures. Here are the lures that he bought. Not even opened. I don't know anyone who's ever caught a fish with a lure that's still in the package. He bought this two-day license.

The only license you can buy in December – a fact which was in the testimony but which, once again, Distaso ignores. He is a very law abiding man and wouldn’t even go through the motions of fishing without a licence.

He told us and he told Detective Brocchini that it was a morning decision to go fishing.

Do you remember that? It was either go to play golf at the club or go fishing.

It was that morning he decided to go. If that's true, why is this license filled out for December 23rd and December 24th? Why would you fill out a license on the 24th for the day before?

He wasn’t going out on the 25^th. He may well have anticipated going on the 23^rd but something came up. How many people have put the wrong date on a check or misfiled some other form. What proof of homicide is this? Why does Scott Peterson have to behave more perfectly than any human who has ever walked the earth, and why is it that any deviation from utter perfection may be taken as evidence of homicide? What strange theory of Distaso’s is this?

John, pull that concrete picture.

Around the same time he talks about, he tells Detective Grogan and Brent Rocha that he makes one anchor at the shop. You know, there was a lot of talk about this picture and, you know, remember the defense made a number of jokes about it, oh, you know, the Rorschach test, I think, or hieroglyphs. I can't remember what words they used. You cannot tell me that someone makes, number one, this much mess on the trailer to make one eight pound anchor. You cannot tell me that.

Apparently you can’t tell Distaso much. Go to any building site and look at the concrete shuttering there. You can find anything you want. Look at the mess when people bake cookies or cakes. What does that prove? A mess is just a mess – and he had used that flat bed before to make other cement items.

That did not happen. Especially you put this thing in one paint bucket, right? How do you get concrete everywhere?

You add too much water.

The other thing, too, is, you know, when you go back there, we've been putting these pictures on the screen and they're kind of hard to see. Take a look at this particular picture. You've got concrete right here and right here in a circular pattern. You have concrete right here in a circular pattern. You have concrete right here in a circular pattern. You have concrete right over there in a circular pattern.

I'm not making this up. I'm not telling you to see something that's not there.

That’s exactly what he is trying to do. If he made the weights one at a time, why were they all spaced out separately? Why didn’t the supposed circles overlap? Why not use the same spot each time? Why not use a drop-cloth, or plastic bags, or even newspaper and dispose of it? Why make weights at all? No one else has ever done this, and it’s a lot of trouble. Two cement blocks would weigh more than six of the supposed weights they never could produce and would raise no suspicions. They are easy to obtain and no effort is needed to make them.

You go back and judge it for yourself. Don't take what I say about it and don't take what they say about it as, as what it is. Go back and look at it. And I'm telling you, though, when you do, you're going to see exactly what we've been describing to you. The defendant says he bought the concrete at Home Depot. He says that, remember, remember the video we saw of Grogan and him, you know, they put up their hands, something like a 60 or 90 pound bag?

Well, where is the rest of it? Where did it go? There's no left-over concrete there at the shop. It's certainly not in the driveway.

Evidence was given that it was, indeed, in the driveway. Why would he make separate weights? Why not push a piece of heavy wire through the bag from front to back, pour water in the rest of the bag and use the whole thing as one weight? By the way, even 90 lb would not have held a 153 lb body down (350 lb is the recommended weight) so the whole thing is moot.

It doesn't matter which of the experts you believe. It's not, you know, let's give him the benefit of the doubt and call it a 60 pound bag, okay? That's an eight pound anchor.

Let's say he uses too much. Two pounds more, so ten pounds. Where's the other 50 pounds of concrete?

The defense expert said they pretty much picked up everything that was there and they, what, got 22 pounds maybe? I'm going to talk about that later, whether that's even correct or not, but let's just assume for the sake of argument that it is. Where's the rest of it? There's no empty bag of concrete found in his shop. I'll tell you where the rest of it is. It's in those anchors at the bottom of the San Francisco Bay.

There were no anchors. The $1 million search proved that.

The defense tried to make an issue with the concrete. Remember Mr. Geragos dragged in that, that bag of fence post concrete. You know, it was kind of funny, everybody kind of laughed. I even chuckled a little bit, you know. I don't blame anybody for laughing at that. But you want to know something else? Where is it? It's not in evidence.

Nobody testified to it.

Nobody testified that Scott made any weights other than the one he still had. Nobody testified that 30, or 40, or 80 lb would hold a body down in six feet of sea water.

You're going to go back there and you're going to go, look, I brought a whole bunch of evidence out here. You're going to go back into that back room and they're going to cart in that evidence. You know what?

You're not going to see that bag of concrete they brought in here.

It was used up and the bag was discarded.

Their expert never even spoke about it. In fact, their expert agreed with everything our expert said, except for the one thing, of course, well, the thing in the concrete. Never heard a word about this fence post concrete, or anything like that. You've got to ask yourselves why that is.

Going back to, you know, he said, he told Grogan he bought that concrete at Home Depot. The defense presented this, this as evidence, a receipt from Lowe's in November where he's returning some concrete. Not that he bought the concrete in December to make these anchors. Or the one anchor, I guess, but this is returning it.

What does this have to do with anything? So he returned some cement in November. Does that show that he made anchors somehow? I'm missing it.

And it still doesn’t matter. There is NO evidence that he made more than the one anchor. All the rest is imagination and guesswork with no evidence. No weights were found, no person saw the supposed weights, they never existed.

... To be continued.