Peterson Defense Plan: Go on the Offensive

ByABC News
June 6, 2003, 7:52 AM

June 6 -- It was one of the first public statements Mark Geragos made as Scott Peterson's attorney: He would not only clear his client but find the "real killer."

More than a month later, Peterson remains the sole suspect in the slayings of his wife, Laci, and their unborn son.

But questions have surfaced. Was a satanic cult lurking around Modesto, Calif., where the Petersons lived? What about that brown van on the Petersons' block on Dec. 24, the day Laci was reported missing? Weren't there some strange autopsy findings?

It's all part of a well-orchestrated defense strategy.

With hours of television and pages of print dedicated to Laci Peterson's story, Scott Peterson's attorneys are trying to introduce seeds of doubt before a jury even enters the courtroom.

"It's also a way to test out these theories. They're using the public as a big focus group," says Stanford law professor Mariano Florentino Cuellar.

Breaking the Case, Building a Personality

It's a two-tiered strategy. The defense is not only trying to break down the case against Peterson; they're also building him as a warm and caring person.

His family has offered interviews and photographs that attest to his fun-loving nature as a boy and young adult.

It's all because a jury won't just be asked to look at evidence in this case: Peterson's character is also on trial.

He's already admitted on national television to having an affair while his wife was eight months pregnant. The prosecution has audiotapes that prove he continued talking to his mistress after Laci disappeared.

Even his alibi is potentially damaging: He says he went fishing the morning of Christmas Eve, while Laci cooked and cleaned for the brunch they were having the next day. Then there are the photos of Peterson and girlfriend Amber Frey at a Christmas party together.

Geragos is expected to address this in court. He will probably try to prevent Frey from taking the stand for the prosecution.