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Peterson's attorney asks for January trial date

By Wolf Blitzer
CNN

Peterson and Geragos
Scott Peterson, left, sits with attorney Mark Geragos during his arraignment in a courtroom in Modesto, California, on Wednesday.

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WASHINGTON (CNN) -- Lawyer Mark Geragos asked for a January 26 trial date for his client Scott Peterson, who's been charged with the murder of his wife, Laci, and their unborn son. But legal experts caution -- don't hold your breath waiting for the trial to actually begin that day. It almost certainly will be further delayed.

That's because Geragos is expected to file several motions in the coming weeks that will take some time to resolve.

One motion will seek to move the trial from Modesto, California, to some other location in California. The defense fears that the Modesto jury pool may already be tainted against Scott Peterson. It is by no means clear how this matter will be resolved.

Another motion, we are told, will simply seek to get the murder charge thrown out because of a supposed lack of evidence. One judge has already ruled there is probable cause -- meaning enough evidence has already been released to justify a trial. This motion is expected to fail.

One thing that is likely to continue in this new phase of the Scott Peterson case is the gag order. An earlier judge has barred everyone directly involved from speaking to the news media -- out of fearing of compromising the evidence and the jury pool.

In recent weeks, I have spoken with several lawyers who have been closely following this case. What's interesting is that many of them believe the evidence released so far by the prosecution is relatively weak. Others insist the case is strong -- even if almost all of the evidence is circumstantial.

The most damning circumstantial evidence, they say, is the fact that Laci Peterson's body was found almost exactly where Scott Peterson had said he was fishing alone months earlier.

In the meantime, there will be endless speculation and analysis about this heart-breaking case that has so captivated much of the country.


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