Part of Scott Peterson‘s habeas appeal is that Laci Peterson walked the family dog McKenzie AFTER Scott left home on the day Laci Peterson vanished.
Firstly there were multiple witnesses who believe they saw Laci walking the dog, who never testified at trial, notably Diana Campos, who states in a sworn declaration:
Sometime close to 10:45 a.m. — not long before my 11:00 a-m. start time — a barking dog caught my attention in the park below. I saw a very pregnant woman holding the barking dog’s leash. The dog looked like a golden retriever with a white marking down the front of his chest. I noticed two men who looked homeless near her who told her to “shut the fucking dog up.”…I am 99% certain that I saw Ms. Peterson walking a dog on December 24, 2002.
Frank Aguilar states in a sworn declaration
On December 24, 2002, my wife Martha and l were driving from our home up La Loma Avenue, away from Yosemite Blvd., and towards downtown Modesto. As we were driving, we saw a pregnant woman walking towards us with a dog on a leash. We passed her on the passenger side of the car. l was driving. it was cold out and the woman caught our attention because she was not wearing a jacket. She was only wearing a white blouse and black pants. ….. Based on the pictures l saw in the news, l am sure that the woman l saw walking a dog on December 24, 2002, was Laci Peterson.
Bill Mitchell states in a sworn declaration that his wife Vivian believed she saw Laci:
Vivian never doubted that she had seen Laci Peterson that morning. The dog that I saw also matched the description of Laci’s dog. Vivian and I both have good eye sight; we use glasses for reading but could see objects at a distance with no trouble.
Secondly, Russell Graybill, the mailman, states in a sworn declaration:
I testified at Scott Peterson’s trial in 2004. Neither the prosecutor nor the defense asked me whether or not the gate was open or McKenzie barked on the morning of December 24, 2002. If I had been asked, I would have testified in accord with my statements to police on December 27, 2002, and with this declaration. The side gate was open and McKenzie was not barking.
Since a neighbour testified she put the dog back in the yard at 10:18a.m., and Graybill was at the Peterson home sometime between 10:35 and 10:50 a.m., the only reasonable explanation for the gate being open and McKenzie not barking is that Laci took the dog for a walk and left the side gate open.
None of the witnesses who believe they saw Laci walking the dog testified at trial, Mark Geragos, Scott’s lead attorney has stated in a sworn declaration:
74. Had I been aware of the handwritten police report describing Graybill’s Observations —— which supported the theory that Laci left the house after 10:18 a.m. — I would have made a different evaluation of the credibility of the witnesses who claimed to have seen Laci walking the dog later than 10:18 am. I therefore would have called these witnesses to testify as promised in my opening statement.
Finally, there is evidence suggesting that the burglary of the Medinas, the house opposite Laci Peterson’s home started on the 24th of December and not the 26th of December as the burglars claimed, and that one of the burglars saw Laci alive ( this is known as the Aponte tip ).
GERAGOS: Okay. And specifically it’s a sheet that was phoned in at, looks like 4:10, looks like from Sergeant Ed Steele; is that right?GROGAN: Yes.
GERAGOS: And who is he?
GROGAN: He’s a sergeant with the Modesto Police Department. He was assigned to go –JUDGE: Detective Grogan, you’re talking away from the microphone. I’m not sure they can hear you.
GROGAN: Assigned to go to the volunteer center after it was opened at the hotel.
GERAGOS: Okay. And he talked to Diane Jackson, who, the woman that we had pointed out, lived on this Edgebrook Street in that La Loma neighborhood; is that correct?
GROGAN: I’m not sure if he talked to her directly when, when she called in, or if he received that information and then just passed it on.
GERAGOS: Okay. And then he said that, what was on the call sheet was that she witnessed a burglary on Covena, correct? 459 is a Penal Code Section for burglary?
GERAGOS: On 12:24 at 11:40 a.m.?
GROGAN: That’s what it says.
GERAGOS: Okay. And she said she saw the van and the safe being removed from the house, correct?
GROGAN: That’s what it says.
(B) A statement by Adam Tenbrink, from State’s response to the Habeas appeal, page 131:
Defense investigator Jensen located Adam Tenbrink who stated that he and Todd were close friends and that Todd approached Adam on the evening of December 24, 2002, about helping him with a burglary that “was already started.” (20CT 6255)”
(C) Todd was clearly lying in his statement to police when he stated he saw mail in the Medina’s mailbox on the 25th December, when in reality mailman Graybill collected the outgoing mail on the 24th December ( only outgoing mail could be seen ). From the testimony of Michael Hicks:
GERAGOS: And then he told you that on Christmas, 12/25, that he was riding from his mom’s house to his place at the airport district; is that right?
GERAGOS: And he says that at that point when he road by he noticed, and this is on Covena, he says I’m riding my bike on Covena, right?
GERAGOS: Okay. Then he says on Christmas day when he road by he noticed that 516 Covena appeared to be empty; is that right?
HICKS: That’s correct.
GERAGOS: And 516 Covena is the Medina’s house, right?
GERAGOS: Okay. And he says he noticed it because there was only one car in the driveway, right?
GERAGOS: Which he described as being either a Mercedes or a ne 4 BMW, right?
GERAGOS: Okay. And he said he also noticed that the mail in the mail box; is that right?
GERAGOS: And he could see when he’s riding his bike down the street, not only the car, but that he could see mail in the mail box, right?
In addition, there was a large toolbox that could not have been carried by bicycle, and Ted Rowlands has stated in a documentary that the safe that was stolen could not have been removed on the 26th, as he was outside Laci’s home early that morning with a TV crew reporting on the case. See here for more details.
(D) A sworn declaration by Shawn Tenbrink ( Adam Tenbrink’s brother ):
Adam said someone told him that Laci had seen Todd rob the house
(E) Lt. Aponte heard that Laci saw Todd breaking in, from a monitored telephone conversation. From the Habeas response:
the jury never heard from Officer Xavier Aponte, a correctional
officer at the California Rehabilitation Center in Norco, California. In January 2003 — only weeks after Laci disappeared — Officer Aponte monitored a telephone conversation between an inmate named Shawn Tenbrink and his brother Adam Tenbrink. Adam was a friend of burglar Steven Todd; during the conversation, Adam revealed that Todd confessed “Laci witnessed him breaking in.”
There is ample evidence that Laci Peterson walked the dog the day she vanished, after Scott left home, meaning that Scott could not have killed her, as his movements are accounted for.