They say that the best form of defense is attack. They are of course wrong as the prosecution team soon found out in the Scott Peterson trial. As Tuesday brought the forensic evidence against Peterson into view, so it is starting to dawn on everyone that the prosecution has a whole lot of nothing evidence.
This brought Geragos, Peterson's defense attorney, onto the attack for the defense. His main target being forensic expert Pin Kyo. He informed the stricken witness : "You have less than nothing to tie Scott to the murder,......and here's a picture of me saying that".
Kyo is nothing if not resilient she fired back a top state explenation "When we said duct tape on the bag was different to that found on Laci we did not mean to refer to Laci as a bag, in any event there was more threads in the duct tape on Laci than on the bag, even though Laci is not a bag, well she might in sixties terminology be referred to as my bag but not in a derogatory way..."
One drawback for Peterson was however the fact that the plastic "tied" around the foetus was dismissed as having been tied there later on. The defense wanted to illustrate that there was birth then this tying around the live baby's neck by independent assailants.
However Kyo and other scientists admitted that they could not tie fingerprints, blood or DNA to Peterson. This may tie in to growing speculation that the defense will not be calling any witnesses and bring the trial to an end a lot sooner than had been anticipated.
Scott Peterson is being charged with murder and if found guilty may be given the death penalty. The former fertiliser salesman appears to be putting the state to the test of discharging it's onus.
Next up on Wednesday is the pathologist who conducted both autopsies. During the preliminary hearing Scott Peterson left court during the graphic testimony. The sale of angling equipment at half price has been dismissed as pure speculation by a Peterson spokesman.
After another day of high drama at the Scott Peterson trial the odds must currently favour defense. Presently the prosecution have a lot of evidence to create suspicion but no direct evidence to nail down their prize. Possibly the smell of fertiliser had everyone taking a step back.
In addition the prosecution have a lot of evidence why the defense theories, such as the plastig bag, are wrong but no theory of how Scott Peterson did the deed. For example their home theory looks iffy if there is no blood, prints or DNA.
We could be entering the home straight with just the medical evidence to come for the prosecution. It will be interesting to see where Geragos goes once the state closes. He must weigh up whether his client will bear up to cross-examination, whether the state's case is worth risking it in any event and most importantly how long everyone in court can endure eu de fertiliser by Peterson.