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Marlene Newell has a timeline that shows a multi-faceted view of what went on December 24, 2002, the day Laci Peterson went missing.
And then she has a timeline for Christmas Day, 2002--the day the search for Laci revved into full gear, alongside the search for evidence of Scott Peterson's guilt--two different investigations, one of which would ultimately suck the life out of the other.
More from Jonna M. Spilbor at CNN:
.....The defense, ignorant of the book, was unable to argue that Frey's motivation was monetary.
Thus, by keeping the fact that she was writing her book secret, she imperiled the legitimacy of the ultimate verdict in the Peterson trial, and impeded the Peterson defense, which should have been entitled to cross-examine her on her book: the timing of her writing of it, its content, and the profits she received.
At the very least, if a witness stands to profit from a guilty verdict, the jury ought to consider that in weighing the witness' credibility. Think about it. What would the book have been called had Peterson been acquitted? "Witness for the Side that Can Get Me the Best Movie Deal"?
To the jurors, it could have been critical information. While Frey may have a right to ultimately cash in on her role in the Peterson trial, Peterson had a paramount right to have the 12 men and women who condemned him to death know about it. They didn't.
Whether you agree with his conviction or not, the fact remains that a man was on trial for his life. The "star" witness took the stand knowing she had a book deal brewing, and knowing that she stood to make a ton of money from his successful prosecution -- yet she never disclosed this fact to the jury.
That brings us to the question of whether Frey can be prosecuted - either for concealing the book or for profiting from her largely self-created role as star witness.
The California Penal Code prohibits non-experts in criminal cases from receiving compensation by virtue of their bearing witness. To this effect, it states, in part:
"A person who is a witness to an event or occurrence that he or she knows, or reasonably should know, is a crime or who has personal knowledge of facts that he or she knows, or reasonably should know, may require that person to be called as a witness in a criminal prosecution shall not accept or receive, directly or indirectly, any payment or benefit in consideration for providing information obtained as a result of witnessing the event or occurrence or having personal knowledge of the facts."
A violation of this section is a misdemeanor -- and punishment is a mere $1000 fine and/or six months in jail.
Granted, the same prosecution that enlisted Frey's help, is unlikely to prosecute her. But if it chose to, could it? My guess is yes. The question of will a district attorney's office pursue criminal charges against Frey or her publisher -- or her famed lawyer, Gloria Allred, who no doubt knew of, if not negotiated, her book contract -- most likely is a resounding, no.
The "exception" to the rule that Frey and her publisher may have on their sides, is that the prohibition does not apply once final judgment has been rendered in the action.
But when does "final judgment" occur? Peterson has not yet been sentenced. To be safe, Frey and her publisher might have waited to publish. But publishing the book now, while the case is still warm, is likely to generate more sales.
Jonna M Spilbor is a frequent guest commentator on various television news networks, where she has covered many of the nation's high-profile criminal trials. In the courtroom, she has handled hundreds of cases as a criminal defense attorney, and also served in the San Diego City Attorney's Office, Criminal Division, and the Office of the United States Attorney in the Drug Task Force and Appellate units.
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