Peterson Defense Plan: Go on the Offensive
June 6, 2003 -- 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.
"I think the best he can do is try and argue in motions to keep her off the stand or keep the evidence that she's going to present to be as limited as possible. He better argue to get those pictures out or [there will be] big trouble for Scott," said ABCNEWS consultant Kimberly Guilfoyle-Newsom, a former assistant district attorney.
Peterson, 30, was arrested April 18, days after the bodies of his wife and their unborn child washed up on San Francisco Bay shores. He is being held without bail on two counts of murder and could face the death penalty if convicted.
Geragos is no stranger to controversial clients. He's represented actress Winona Ryder, former California Rep. Gary Condit, and Whitewater figure Susan McDougal.
He is considered an aggressive and successful criminal attorney.
A Satanic Cult?
The question of how and why the satanic cult theory came into play in the case remains.
"The defense is trying to create reasonable and or imaginary doubt," said Guilfoyle-Newsom. "But nevertheless, think about it. People across America are going to want to believe that someone other than the husband is responsible for this gruesome death."
But when the defense first floated the idea that cult followers may have killed Laci Peterson, some legal analysts described it as offensive. Experts in the occult say organized satanic cults simply don't exist. And no physical evidence has been presented to support the defense's satanic claim.
Still, Modesto police did look into this theory — however briefly. It was one of thousands of tips they followed up on. And even though police ruled it out, the defense will likely argue it was because they were biased against Peterson.
Whether it's an argument a jury will believe remains to be seen, and it may be an argument a jury will never hear. A trial in this case may be as far as two years away.