Monday, November 12, 2007

When the defendant's fishing story started falling apart, he told the officers kind of intermingled things. But he also told them that, well, I also went just to get that boat in the water. I think that might be a direct quote from Detective Brocchini's transcript. I don't remember exactly. But I just wanted to get that boat in the water, you know.

That’s true.

He told Agent Mansfield he never fished in the San Francisco Bay before.

That’s true.

He said he only wanted to put the boat in the water to ensure there were no problems with it.

That’s true.

Click that "Numerous Fishing Locations".

Nobody in their right mind is going to take a small aluminum fishing boat that they have never used before, remember, now, we're off the fishing story here.

He had owned four boats before. I’ve been out in similar waters in a hand rowed 8 foot plywood boat. Men have fished for a living from similar boats out in the open sea – see ‘Dory Fishing’ (http://www.tidespoint.com/magazine/dory.shtml).

You are just taking the boat to make sure it's working right. Who, in their right mind, is going to drive the ninety miles, out in the middle of San Francisco Bay, in winter, all by yourself, the first time you have ever used it, when you have what, one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve. And look at all the other places that aren't even marked, all within close distances. Here is one only 9.8 miles away. If you are in a lake, you take boat out for the first time in a lake, something goes wrong, you know, it's not that big a deal. You will eventually get to hit land in your lake.

None of those was salt water. None matched the conditions in the bay. If you want to test a race car you don’t go to a go kart track.

You might have to walk a ways to your car. You are going to be okay. Same thing, any of these places here.

You take your boat out in the San Francisco Bay, you have a problem. You never used it before. You know what, you get swept into one of the shipping channels, you are toast. You get swept up in the deep water channel, in the currents, you are out under the Golden Gate. Who is going to take that risk just to take their boat out, someone who is just taking it out for the first time? No way.

Who would take all of these risks with an untried boat to dump a body in a place they had never been to before? You get rescued with your wife’s body in the boat – how do explain that away?

Somebody who is going out to dump their wife's body? Absolutely. Is it a risky thing to go out in the San Francisco Bay by yourself in a boat you have never used before? Yes.

Insanely so. Where are the examples of others who have done this? Why not drive to Nevada that night and bury the body in the desert and then make the boat trip? Where would the police search?

Is it a risky thing to kill your wife and you have to get rid of her body? Yes. If you are going to take someone out there, get rid of them, you will take the risk. If you are just going out for a pleasure cruise, your maiden voyage, no way. No way one can believe that's true except for maybe this guy, in his fantasyland kind of mind, he might believe it's true.

There’s fantasy here for sure. In Distaso’s mind, trying out your boat for the first time by trying out your boat for the first time is insane, but trying out your boat for the first time by dumping a body from it is perfectly sane. It’s hard to follow this distorted line of thought.

Going back to the defendant's story. As he's driving back, remember he calls Greg Reed, his good friend. Never mentioned, hey, just took my new boat out, went fishing. Then Greg Reed told you he's a big hunter. Any man, that would be like a natural thing to talk about. He never mentions it.

Talks to his father twice, never mentions, hey, I just got back from fishing.

Scott knew he had the boat. Laci knew he had the boat. The seller knew he had the boat. The state knew he had the boat. That was enough people who knew until he could surprise Ron Grantski by offering to go fishing with him.

Yeah, I had a great time. Now, when the defense was questioning Lee Peterson about that, the reason he gave for it is he is not really interested in it. Of course you saw him in August fishing. So you decide whether you find that testimony believable or not. A guy actually goes fishing on occasions, once in a while, with an, on a lake with his son, don't you think his son would tell him, hey, I just went out fishing, if that's what he really did?

He says he goes home. He sees McKenzie in the backyard with the leash on. He says the door is open. He comes in. And before he does anything to look for Laci, he gets some pizza. He said he's been out all day, hasn't eaten. Who takes an all-day fishing trip, doesn't take any food or water?

It wasn’t an all day fishing trip. He is distorting his own evidence.

He says that he washes his clothes. Only his clothes. Now, why are you going to do that? The reason he gave, I think to the media and to everybody else, well, I got some salt water on it. So what?

Laci was a neat freak – Martha Stewart wannabe. Scott was well trained.

You got a, you are going to take the time when you know you have to be at your in-laws, you know, like in an hour. Your wife's not there. The dog is in the backyard with a leash on.

There is all these weird things going on. Oh, better wash my fishing clothes. I got some salt water on them.

What was weird about it?

Do you think that's really why he washed his clothes? Or do you think he washed them because he wanted to make sure he didn't leave anything on them? What's makes more sense to you? What is more reasonable to you?

It is reasonable that he didn’t want to upset his wife by leaving damp clothes around. Now the theory once again is that perfection = evidence of guilt. Go figure.

Anybody, I'm sure there is people on this jury that have gone fishing before. I'm sure when you come home you might have got something on your clothes. And I doubt that you took things out of the washer and took off just your clothes and washed them. It's not reasonable.

It is reasonable.

What the law says about this, because there is going to be two interpretations. I'm sure they are going to get up here and argue all this stuff makes sense. What the law says about this, if there is two reasonable interpretations you must go with the one that points to innocence. Absolutely do that, if they are both reasonable. That's the cornerstone of our legal system. However, if one is reasonable and one is not reasonable, you must reject the one that is not reasonable. That's what the law says. Nobody goes out on their maiden voyage into San Francisco Bay under these circumstances unless they are dumping their wife's body.

Wow! We REALLY have gone to fantasyland now. “Nobody goes out on their maiden voyage into San Francisco Bay under these circumstances unless they are dumping their wife's body.” This is the stupidest statement so far. Everybody who has gone on a maiden voyage into San Francisco Bay has gone on a maiden voyage into San Francisco Bay!

Let's go to Amber Frey and the affair. Go to that. Go to those pictures. This is the life that Scott Peterson wanted. Click again, one more time. Not necessarily with Amber Frey, although he was completely obsessed with her.

If he was obsessed with her why was he trying to dump her?

But this is what he wanted. He didn't want that dull married life, got-to-stay-at-home- with-the-kids, thing that he had coming with Laci

All of the evidence is that this was EXACTLY what he wanted. He wanted Laci, he wanted his baby, he wanted to try to get Laci and her family to reconcile their differences and he wanted everyone to get along together. That doesn’t mean that if someone offered him free sex he wouldn’t be tempted, but 70% of married men are like that. After all, if Halle Berry and Christie Brinkley’s husbands would cheat on them, why is it impossible to imagine that Scott might fail at times?

People were, look, well, shoot, a lot of people are like that. Why doesn't he just divorce her? He's still tied to her for the rest of his life. Kids don't just go away.

He didn't want Conner Peterson. He didn't want a baby.

He made strenuous efforts to get Laci pregnant. He was prepared to pay for fertility treatments out of his own pocket. He put a nursery together with his own hands for his new son. All of the evidence proves that Distaso is 100% wrong.

To be continued ...

2 comments:

Bruce Dombrowski said...

either the boat floats or it doesnt...no reason to think it wouldnt float...and to see if the engine runs okay, you hook a garden hose to it, and start it up while it sits on the trailer..but as a experienced boater, i'm sure scott knew this...salt water, fresh water, an outboard works in both...

A Voice of Sanity said...

And yet, people like to try things out. If they didn't, most of "America's Funniest Home Videos" would not exist. What would we do without hundreds of videos of people falling off trampolines?

So, with a day to fill in and golf not really appealing to him why not take the boat to the bay and try it out? There's simply nothing whatsoever unusual about that. Any and all theories about dumping bodies from that little boat are ludicrous as the prosecutor readily admitted. It can't be done.