Sunday, November 11, 2007

The Prosecutor's Case .. continued

Continued - after a long gap!

And the defendant had no choice but to go with that. Remember what the Berkeley Marina was like on the 24th? You heard from the employees. Cold, chilly, hardly any activity. The marina manager: It was a slow day, nobody came to the office.

Cold and cloudy. The, cold, windy, one of them said. Not busy at all. Gary Friedman, the guy who works at the bait shop, says no fishing trips were booked that day. December is a very slow month for fishing. Most fish are out of season. There was nobody there at the Berkeley Marina that day.

Remember this receipt? This is from the 23rd to the 27th, only three tickets were sold. Three tickets that whole time. 23, 24, 25, 26, 27. Three tickets; one of which is sitting right here in court. Only two other people launched a boat from the Berkeley Marina during that whole period. Now, there was some I think attempt by the defense to make it seem like the Berkeley Marina is the most happening place on the planet. Well, it wasn't on that day. That's a proven fact.

No, it wasn’t proven at all. Where are the photographs of that area on Dec 24th? The witnesses as to who might be there? It’s all supposition.

Let's talk about his fishing gear. He told, he couldn't tell the first responding officer what he went fishing for. He wasn't able to do it. He finally tells Officer Spurlock: I, when he asked him what kind of bait were you using, he puts his hands out and says: Oh, a silver lure, you know, about like that. Well, that matches the description of the silver lure that he bought, but he sure didn't use it. And remember what the expert said about this? The fishing expert? You can't use this in San Francisco Bay. You can't catch any fish on it. It's used for fishing off shore. This striker lure you can use in the San Francisco Bay. Not at this time of year. What you use in the San Francisco Bay, because what the defendant eventually goes with, he says: I was fishing for sturgeon or striper. It appears he was really going for the sturgeon angle, which is, of course is, quite frankly, a great fact for the prosecution, because there's no way that that guy was fishing for sturgeon on December 24th. That just did not happen.

Remember what the expert told you? He said: Look, here's a sturgeon. You know, we're not all fishermen here. I didn't know what a sturgeon was until this case came about. But this is a sturgeon, okay? This is what he said he was fishing for. Look, this is the fisherman. Look at the rod he has. It's got that big open-faced kind of reel like that. I can't remember what he called that. A casting reel, maybe. A big, big heavy pole. It's not this. You don't fish for sturgeon with this. Remember what he said this was? This is a freshwater bass lure. You don't fish for sturgeon with one of those. You know what else about this pole? See how it's apart? That's the way it was on December 24th in the defendant's boat. This pole wasn't even put together.

The whole sturgeon theory was invented, based on an offhand remark. Scott was trying out his boat. I doubt that Laci would be thrilled with him bringing home an actual fish – or more than one.

Here's the pictures that Detective Brocchini took on December 24th. There's 70.

This is 70 Q. When you go back there, take a look at it. Here's that pole right there. There's one half of it. There's the other half. It's not even put together. So either the defendant took it apart when he got home for whatever, who knows why you would do that; the other pole's not apart. So he either took it apart, or it was never put together to begin with. You're not going to catch a sturgeon on a rod that's not put together.

What else do you need to catch a sturgeon? What else do you need, actually, to catch any fish in the San Francisco Bay, sturgeon or striper, in December.

Remember what, remember what the experts said? The fish, it's cold. The fish are feeding on the bottom. You need one of these. Terminal tackle. This goes on the end. You put a big fat, called I think he said grass shrimp or mud shrimp. I don't remember exactly. But put a big fat shrimp on the end of there, it's got this big fat sinker, and you throw it down there and let it sit on the bottom. That's how you catch a sturgeon or striped bass in December in the San Francisco Bay. It's not what the defendant had. That's not what the defendant was doing. Because remember, if you're an avid saltwater fisherman, so avid that you're going to drive out in the middle of the day to fish in the San Francisco Bay, at the drop of a hat on Christmas Eve, even though you have plans later in the afternoon, because all this has to be true for his story to work, you're going to have the right equipment. The reason it doesn't work is the story's not true.

You know what else, remember what else the fisherman said? This chart right here, I can't remember if this is the one he used or not but it will work.

Remember where you fish for these fish? Up in the San Pablo Bay. You don't fish for them down here at Brooks Island. If you know what you're doing, and, you know, in order for his story to work you have to know what you're doing, then you go fishing in the right spot. That's not what he did.

Once again Distaso is relying on his ‘Any imperfection = evidence of guilt’ theory. Applying this theory would make almost every human guilty of anything.

The reason all this doesn't work is because Scott Peterson didn't go fishing on December 24th. He went to go dump his wife's body in the San Francisco Bay.

Where is the evidence? The witnesses?

... To be continued.

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