Post on 18-Jan-2023
November 16, 2011
Victimology – Professor Burgess
The Media Bias Against Scott Peterson
One of the most highly publicized crimes over the last
decade has been the 2002 death of Laci Peterson and her unborn
son Conner. What started as a missing persons case, ended as a
tragic murder case. The mystery surrounding the crime and the
subsequent persecution of Laci’s husband, Scott Peterson, was the
center of the media firestorm that followed the case from Laci’s
disappearance to Scott’s conviction and sentencing in 2005.
On December 24, 2002 Laci Peterson had been declared missing
in Modesto, California. Laci was twenty seven years old and
almost eight months pregnant. Laci’s husband of five years, Scott
Peterson, told police that he had returned from a fishing trip to
find his wife missing. 1 Laci’s disappearance shocked many, and
hundreds of people in the Modesto area aided in the search for
her.
1 Arax, Mark. "Hundreds Join Hunt for Missing WomanL." Los Angeles Times 30 December 2002. HOME - California Metro B1. Print.
Scott Peterson was not a suspect in the disappearance
initially. Laci’s family supported Scott and supported his
innocence. Laci’s family set up a call center where people could
give any information on Laci.Scott worked tirelessly at the call
center which initially gave the public the impression that he was
a worried grieving husband.2 Police searched the Peterson home,
Scott’s car, and Scott’s boat. Police echoed their earlier
statements about Scott not being a suspect, but they also said
that he had not been ruled out yet either. Scott’s saving grace
was the support of Laci’s family.
The family unity shattered in January 2003, when it was
reported the Scott Peterson had been cheating on Laci. While
watching the news, Amber Frye, saw the coverage on Laci and
noticed Scott’s picture and realized it was the same man she had
been seeing. Frye, a massage therapist from Fresno, got in touch
with the police to tell them she had been dating Scott. Frye told
police that Scott had told her he wasn’t married when they had
met about a month before Laci had gone missing.3 2 Murr, Andrew. "Update: Starting To Accept 'The Worst'." Newsweek 3 Mar. 2003: 8. Health Reference Center Academic. Web. 9 Nov. 20113 Bower, Amanda. "Murder in the Family." Time Magazine. 28 April 2003: n. page. Print.
After the discovery of Scott’s extramarital affair, “police
also revealed that Scott had taken out a $250,000 insurance
policy on his wife when she became pregnant.” 4 Shortly after
reports of the affair came out with more detailed information,
Laci’s family retracted their support for Scott. The estrangement
between Scott and Laci’s family got even worse when he sold
Laci’s car and tried to sell their home.
In April, four months after the disappearance of Laci
Peterson, the bodies of a fetus and a young woman washed onto
shore in San Francisco Bay, near the spot where Scott Peterson
claimed to be fishing on the morning of her disappearance. Due
to the state of composition, DNA tests had to be done to confirm
the identity of the remains. While analysts worked furiously to
confirm a DNA match, authorities were tracking down Scott
Peterson because they feared he would flee to Mexico. Scott was
found and arrested in San Diego. Four days after the bodies were
discovered, DNA results showed that the remains were that of Laci
and her unborn child Conner.5 4 Bower5 Palmquist, Matt. (2004, August 25). Great Scott! Could you unknowingly be aScott Peterson apologist? Let us help you find out. S.F. Weekly. Retrieved November 9, 2011, from Alt-Press Watch (APW). (Document ID: 687166981).
The police’s suspicions about Scott trying to flee the
country appeared to be spot on. When he was caught, he had died
his hair blonde and grown a goatee to try and alter his
appearance. Scott also had various IDs on him, over $10,000 in
cash, multiple changes of clothes, knives, and camping gear.6 It
sure looked like Scott Peterson was trying to flee and that he
had something to hide.
In June 2004, Scott Peterson went on trial for the murder of
Laci Peterson and her unborn child.7 He was found guilty in
November 2004 and was sentenced to death by lethal injection.
Whether he is guilty or not, Scott Peterson’s story is one of how
the justice system failed to give a defendant the right to be
innocent until proven guilty. Media coverage on the case made it
virtually impossible for Scott to be tried by an unbiased jury.
The media, and subsequently the general public, decided Scott was
guilty before the trial had even finished. Media can be very
influential and can bias the public against crime suspects like
6 Palmquist 7 "Peterson Trial: A Question of Timing." Newsweek 14 June 2004: 8. Health Reference Center Academic. Web. 9 Nov. 2011.
Scott Peterson to the point where even if they were innocent,
everyone would still think they were guilty.
Through the course of the investigation, Scott Peterson was
the source of much media attention. Looking back on the case
almost ten years later, it is hard to see Scott Peterson as
anything other than obviously guilty. However, before the bodies
of Laci and Conner were found, there was no evidence tying Scott
to the crime. The only thing that made Scott Peterson look guilty
was the scrutiny of the media.
Days after the disappearance of Laci, Scott was a
questionable figure to the public but in general, no one had
assumed his guilt. He was a visible presence at the candle light
vigils held for Laci and seemed to work tirelessly at the
makeshift volunteer call center that Laci’s family operated out
of a hotel room. However, the public was unable to get a good
sense of him because he declined on-the-record media interviews
saying that he “did not want to detract from the investigation.”8
This strategy did not work to Scott’s advantage. By declining
8 Lee, Henry K. "Vigil for missing Modesto mother-to-be / After searching for a week, police are concentrating on foul play." San Francisco Chronicle [San Francisco] 01 Jan 2003
interviews, the public was unable to see any real emotion from
Scott. This drew some question marks about his sincerity.
However, these question marks were cleared up because Laci’s
family supported Scott’s innocence.
When the police initially looked into Scott’s alibi, Laci’s
sister Susan said that she understood “that its normal procedure
to look at the husband and close family members.”9 No one close
to Scott and Laci even considered that Scott could be a suspect.
Susan went on to tell local news papers that “if you knew Scott
like all of his friends and family know him, there’s not even a
remote possibility that he would be involved in anything about
Laci’s disappearance.”10 Early on in the investigation, the
support of Laci’s family made up for Scott’s wariness of the
media.
Furthermore there was no evidence tying Scott Peterson to
Laci’s disappearance. Scott’s alibi was clean and they even had a
receipt from the marina he claimed to be fishing at. The police
searched the marina, seized Scott’s boat, and seized the two
9 Lee10 Lee
Peterson family cars as well. The scoured the Peterson home and
even Scott’s work place at a fertilizer company. All searches
turned up empty. 11 There was no evidence that Scott Peterson was
involved.
The lack of evidence against Scott and the community support
of his innocence was enough to convince the media. Local
newspapers in Modesto and surrounding areas in California barely
even commented on Scott in the early days other than the fact
that he was neither a suspect or had been completely ruled out.
He was out of the public radar. Laci was a female and she was
pregnant which made her vulnerable to becoming a victim of crime.
National reports from CNN made the disappearance look like maybe
an abduction gone bad or the result of Laci witnessing a
burglary. Whoever the offender was, he or she was very organized
and left almost no evidence.
Scott’s virtual anonymity in the press was over on January
17th, 2003 when public opinion about Scott Peterson would be
changed forever. On January 17, Amber Frye, a twenty eight year
old massage therapist, came forward to say that she and Scott had11 Lee
been involved in a romantic relationship since November 2002 -
which was a before Laci went missing. Scott’s reputation and
credibility took a huge blow by the existence of an extramarital
affair. Frye went on to add that Scott told her that he was
unmarried and that once she heard Scott was involved in the Laci
Peterson disappearance, she immediately contacted Modesto
Police.12
After this shocking announcement, Laci’s family withdrew
their support of Scott. Scott became an easy target for the
media. Local newspapers started to vilify Scott and witnesses
came forward about seeing Scott the day of the disappearance and
took note of his weird demeanor.
One local Modesto newspaper, the Modesto Bee, interviewed a
few witnesses that mentioned seeing Scott the morning of December
24, 2002 with something hanging out of his truck. A Modesto local
woman, Connie Fleeman, told reporters that she saw Scott with his
boat attached to his truck and noticed that there was a “big
green thing in the back of the truck [that] looked like it had
12 "Woman Claims Affair With Scott Peterson." ABC NEWS. 24 Jan 2003: n. page. Print. <http://abcnews.go.com/US/story?id=90910&page=1>.
been thrown in there and there was something like a white or
light gray blanket hanging out of it.” Fleeman mentioned trying
to tell Scott at a stop light that there was something hanging
out of his truck and that he smiled at her and sped off. “He
looked out his side window, and gave me a look that was the most
horrifying scary look I have ever seen in my life,” said
Fleeman.13
Other witnesses like Ms. Fleeman came forward to mention
Scott’s odd behavior. Local newspapers - like the Modesto Bee and
the San Francisco Chronicle - were successful in swaying public
opinion against Scott in California. People are easily swayed by
their peers and once some local people started trash talking
Scott, it became easier and easier to believe his guilt. Once the
locals in California were convinced of Scott’s guilt, it
snowballed from there. National news outlets like CNN just jumped
on the bandwagon against Scott.
Scott only continued to look worse and worse as details of
his relationship with Amber Frye came out. Authorities mentioned
13 Giblin, Patrick. "Driver says that she saw something in back of Scott Peterson's truck." Modesto Bee [Modesto, California] 20 March 2003,
that Scott was on the phone with Frye on the night of Laci’s
candle light vigil. While at the vigil Scott led and told Frye he
was in Paris having a good time with friends. Scott’s complete
disregard for decency and humanity led the public to have very
strong negative feelings against him. Based on his demeanor,
people believed that he was entirely capable of being responsible
for the disappearance of Laci and their unborn son.
Television also became a huge factor in the bias against
Scott Peterson. Good Morning America aired an interview with
Scott in a two part special on ABC. Laci’s mother and one of her
sisters were interviewed for the Today Show on NBC and the Early
Show on CBS. Larry King Live dedicated an entire episode to going
over the case on CNN. Fox News, MSNBC, and just about every news
show in America explored the Laci Peterson story.14 There was so
much hype surrounding it because it was such a mystery.
However, without any evidence tying Scott to the crime, much
of the media scrutiny was baseless and solely rested on Scott’s
character – or lack of one. The public did not care about the
14 Jurkowitz, Mark. "THE LACI PETERSON CASE MAKES ITS MARK ON TV." Boston Globe [Modesto, California] 30 Jan 2003, Living D5. Print.
lack of evidence; they cared about Scott’s actions. Scott’s
affair with Frye and the wide coverage surrounding the details of
their relationship gave the public more than enough information
to decide Scott was guilty. Scott Peterson’s alibi meant nothing
to the public. The whole country had decided that Scott Peterson
had murdered Laci Peterson without any evidence, body, or murder
weapon. This is a testament to the overwhelming influence media
can have on a criminal investigation.
While the public had enough to be convinced of Scott’s
guilt, the police needed more – they needed evidence. On April
14, 2003 the bodies of a baby and a young woman washed ashore
near the marina that Scott had claimed to be fishing at on the
day of Laci went missing.15 The public had already presumed Scott
Peterson guilty, so this was just the icing on top of the cake.
The bodies were presumed to be Laci and Conner’s but due to the
state in which they were found and the decomposition, DNA tests
had to be done to confirm. Modesto Police needed the DNA evidence
to tie Scott to the crime.15 "Prosecutor: Body likely Laci Peterson's." CNN US [Modesto, California] 17 April 2003, n. pag. Web. 11 Nov. 2011. <http://articles.cnn.com/2003-04-16/us/remains.found_1_laci-peterson-peterson-case >.
On April 18, 2003 DNA confirmed that the discovered bodies
were that of Laci and Conner. This discovery put Scott at the
scene of the crime and it was enough evidence for police to
arrest him.16 Four months after Laci disappeared and the mystery
was finally starting to get cleared up. Laci’s family and
everyone following the case finally got some answers with the DNA
confirmation.
Scott Peterson was charged with the two counts of murder for
the deaths of Laci Peterson and Conner Peterson. In 2003,
California law stated that a defendant can be charged with murder
for the slaying of a fetus that has gestated at least seven
weeks.17 Laci was almost eight months pregnant and well beyond
the gestation period required by California law. Scott’s charges
included killing with malice afterthought and because it was a
double homicide charge, the district attorney could have easily
sought the death penalty. The lack of evidence showed that the
offender was organized, and therefore Scott looked like he had
16 "Remains identified as Laci, baby; Husband arrested." USATODAY [Modesto, California] 18 APRIL 2003, n. pag. Web. 11 Nov. 2011. <http://www.usatoday.com/news/nation/2003-04-18-peterson-update_x.htm>.17 Richman, Josh. "State has Tough Fetal Murder Law." Oakland Tribune [Modesto, California] 22 APRIL 2003, Article ID: 1342475
planned the murders carefully. This makes the charges even more
serious. Homicide offenders can be charged with life in prison or
sentenced to death. 18 “Homicide offenders, in comparison to
other types of violent crime offenders serve long prison
terms.”19
The double homicide charge and the severity to which they
were being pursued were widely covered by the media. Local
newspapers seemed to have a new article every day leading up to
the May 19th pretrial proceedings. Major national media outlets
covered the story as well. CNN and FOX News were the major
national news outlets with the most coverage; they made sure to
cover every detail and update that related to the case.
“James Madison promised a speedy and public trial in the 6th
Amendment, but he did not think it would be on the Fox News
Channel. Even before Scott Peterson's arrest for killing his
wife, Laci, and their unborn child, Fox began compiling the
18 “Scott Peterson Pleads Innocent to Killing Wife, Unborn Child.” CNN JUSTICE [Modesto, CA] 22 April 2003.< articles.cnn.com/2003-04-21/justice/laci.peterson_1_scott-peterson-unborn-son-judge-nancy-ashley?_s=PM:LAW>19 Burgess, Ann Wolbert, Cheryl Regehr, and Albert R. Roberts. Victimology: Theoriesand Applications. 1st ed. Sudbury, MA: Jones and Bartlett Publishers, 2010. Print.
evidence against him.”20 Even with the obligation to obey the
presumption of innocence, thinks looked very bleak for Scott.
“The wall-to-wall coverage [created] intriguing synergies.
Through leaks, law enforcement officials [could] create an aura
of guilt and increase the likelihood of a guilty plea.”21
“The district attorney is calling this case a slam dunk
before there is even an arraignment,” complained Scott’s mother.
22 It had become very clear to all those following the Laci
Peterson case that the media – and consequently the public – had
decided that Scott Peterson was guilty before the trial had even
began.
It was probably near impossible to give Scott Peterson a
fair trial where he was presumed innocent until proven guilty. It
must have been exceedingly difficult to find anyone in the
country without a preconceived opinion on the case or Scott’s
guilt. Due to the incredible media influence on public opinion
and expansive coverage on this case, finding an unbiased jury was20 Gillers, Stephen. "The World; Upholding the Law as Pretrial Publicity Goes Global." New York Times [New York] 27 April 2003, n. pag. Web. 12 Nov. 2011. <http://www.nytimes.com/2003/04/27/weekinreview/the-world-upholding-the-law-as-pretrial-publicity-goes-global.html>.21 Gillers22 Underwood, Jill. "Scott Peterson Is Innocent." Time Magazine. 20 April 2003:
probably not going to happen. Scott Peterson never had a chance
to prove his innocence before proceedings even began.
Due to the amount of media coverage garnered by the case,
there was a lot of hostility toward Peterson specifically in the
Modesto area where the media frenzy was at its height. The
increased antagonism against Peterson caused the trial to be
moved out of Modesto to another part of California. Public
sentiment in Modesto had been so influenced by the media
saturation of the case that the legal systems were being
affected.
Once the actual trial, the People of the State of California v. Scott
Peterson, began on June 1 2004, Scott Peterson’s outlook looked
very grim.23 Despite the prosecution’s obstacles - the absence of
a murder weapon, cause of death, or any eyewitnesses to the crime
– it appeared that defenses obstacles would be more foreboding.
The defense had to convince a jury, which had been undoubtedly
influenced by the polemic rhetoric used by the media, of
reasonable doubt.
23 "Scott Peterson's Murder Trial Starts." USA TODAY [Redwood City, CA] 1 June 2004, Nation n. pag. Web. 12 Nov. 2011. <http://www.usatoday.com/news/nation/2004-06-01-peterson-trial_x.htm>.
The prosecution’s biggest advantage was that they had Amber
Frye, Scott’s mistress. Amber Frye’s testimony and wiretapped
calls were enough to demolish any character credibility – if any
– he had left. Furthermore, Amber Frye had her own attorney for
the trial and she was not under the gag order like the other
attorneys involved in the case. This was paramount for the
prosecution getting a guilty verdict for Scott. Although Frye’s
lawyer claimed she had no statement pertaining to whether Scott
was innocent or guilty, it seemed clear to the media that she was
sympathetic to the prosecution. Frye appeared on numerous talk
and news shows like the CBS News Early show to talk about the
case.24 So if the media coverage was not already biased enough
against Scott, it got worse. Having a visible and credible source
talk about the case during the trial was very damaging to Scott’s
defense.
On November 12, 2004 after almost six months of testimony
and forty four hours of jury deliberations, Scott Peterson was
found guilty. Scott was found guilty of first degree murder in 24 Cohen, Andrew. "The Laci Case Gets Weird." CBS NEWS 20 May 2003, Opinion. Web. 12 Nov. 2011. <http://www.cbsnews.com/stories/2003/05/20/opinion/courtwatch/main554770.shtml>
the slaying of his pregnant wife, Laci, and of second degree
murder in the death of his unborn son, Conner. Peterson’s guilty
verdict was followed by a jury decision for the death penalty. 25
Scott Peterson still claims his innocence and is currently in
prison on death row waiting to appeal his case to the California
Supreme Court.
Scott Peterson was presumed guilty before the trial even
finished. The media heavily influenced public opinion against
Scott even before any evidence could incriminate him. Local
newspapers vilified Scott and created strong hostility against
him in the Modesto area and surrounding towns. The intense
emotions surrounding the case and strong public opinion caught
the attention of national media outlets. By the time news of
Scott’s affair came out, the whole nation was following the case.
Once the bodies of Laci and Conner were found, everyone had
decided Scott was guilty. Media has the ability ruin a
defendant’s right to presumed innocence.
25 Walsh, Diana. "Jury Recommend." SFGATE [San Francisco, CA] 13 December 2004.Web. 12 Nov. 2011. <http://articles.sfgate.com/2004-12-13/news/17458161_1_scott-peterson-modesto-fertilizer-salesman-mark-geragos>.
When I was younger, I followed this case pretty closely. I
remember when Amber Frye came forward about Scott’s affair and
how crazy it was. Scott was on the cover of magazines with
captions like “Monster!” or “Cheater and a Murderer too?” Every
article that came out seemed to crucify Scott’s affair and tie
his cheating behavior to his guilt in Laci’s disappearance.
Because I was young when this case broke, most of my reading
included not very reliable pop culture magazines rather than
credible news sources. Although the magazines I was reading were
not the most trustworthy news sources, they still captured the
media bias against Scott Peterson during the course of the
investigation.
Each article I read had some mention of Scott’s guilt or
incriminating details of the investigation. After reading enough
articles and adding up enough character witnesses against Scott,
it was hard to think there was even a chance he was innocent. As
a reader, I did not care that there was no hard physical evidence
against him – I cared about Laci. Murder “leaves more than just
bodies behind. Murder leaves survivors to struggle and cope with
the sudden loss of life.”26 It was the stories Laci’s family told
that made you really connect with Laci. It was hard to reconcile
Scott’s cheating and reckless behavior as anything other than an
admission of guilt.
If the media was able to convince me that Scott was guilty
without a shred of evidence, it seems that it would not be hard
to convict him once the bodies tied him to the crime scene and
the affair gave him motive. The media rhetoric was mainly an
aggressive attack on Scott’s character and reputation. The
damaging stories that were told about Scott were enough to
resonate with people’s sentiments. People believed that Scott was
a bad person, and could have been responsible for Laci’s murder.
Facts are that most homicide victims are killed by their intimate
partners. Scott made an easy target for the media and the public
echoed media opinion because Scott was a plausible – and even
likely – suspect.
The Scott Peterson Case is a prime example of how much the
media can influence the public, and thus, the outcome of a
criminal trial. Media reporting of a crime with a bias against 26 Burgess
one of the suspects can have colossal and lasting effects on the
minds of a community. Like in the Scott Peterson case, the media
can make a suspect look guilty before a trial has started. This
makes the obligatory presumption of innocence almost impossible
to achieve. The magnitude of media influence played vast role in
the Scott Peterson Case.
Works Cited
Arax, Mark. "Hundreds Join Hunt for Missing WomanL." Los Angeles Times 30 December 2002. HOME - California Metro B1. Print.
Bower, Amanda. "Murder in the Family." Time Magazine. 28 April 2003: n. page. Print.
Burgess, Ann Wolbert, Cheryl Regehr, and Albert R. Roberts. Victimology: Theories and Applications. 1st ed. Sudbury, MA: Jones and Bartlett Publishers, 2010. Print.
Cohen, Andrew. "The Laci Case Gets Weird." CBS NEWS 20 May 2003, Opinion. Web. 12 Nov. 2011.
<http://www.cbsnews.com/stories/2003/05/20/opinion/courtwatch/main554770.shtml>
Giblin, Patrick. "Driver says that she saw something in back of Scott Peterson's truck." Modesto Bee [Modesto, California] 20 March 2003,
Gillers, Stephen. "The World; Upholding the Law as Pretrial Publicity Goes Global." New York Times [New York] 27 April 2003, n. pag. Web. 12 Nov. 2011.<http://www.nytimes.com/2003/04/27/ weekinreview/the-world-upholding-the-law-as-pretrial-publicity-goes-global.html>.
Jurkowitz, Mark. "THE LACI PETERSON CASE MAKES ITS MARK ON TV." Boston Globe [Modesto, California] 30 Jan 2003, Living D5. Print.
Lee, Henry K. "Vigil for missing Modesto mother-to-be / After searching for a week, police are concentrating on foul play." San Francisco Chronicle [San Francisco] 01 Jan 2003
Murr, Andrew. "Update: Starting To Accept 'The Worst'." Newsweek 3 Mar. 2003: 8. Health Reference Center Academic. Web. 9 Nov. 2011
Palmquist, Matt. (2004, August 25). Great Scott! Could you unknowingly be a Scott Peterson apologist? Let us help you find out. S.F. Weekly. Retrieved November 9, 2011, from Alt-Press Watch (APW). (Document ID: 687166981).
"Peterson Trial: A Question of Timing." Newsweek 14 June 2004: 8. HealthReference Center Academic. Web. 9 Nov. 2011.
"Prosecutor: Body likely Laci Peterson's." CNN US [Modesto, CA] 17 April 2003, n. pag. Web. 11 Nov. 2011. <http://articles.cnn.com/2003-04-16/us/remains.found_1_laci-peterson-peterson-case >.
Remains identified as Laci, baby; Husband arrested." USATODAY [Modesto,CA] 18 APRIL 2003, n. Web. 11 Nov. 2011. <http://www.usatoday.com/news/nation/2003-04-18-peterson-update.htm>.
Richman, Josh. "State has Tough Fetal Murder Law." Oakland Tribune [Modesto, CA] 22 APRIL 2003, Article ID: 1342475
“Scott Peterson Pleads Innocent to Killing Wife, Unborn Child.” CNN JUSTICE [Modesto, CA] 22 April 2003.< articles.cnn.com/2003-04-21/justice/laci.peterson_1_scott-peterson-unborn-son-judge- nancy-ashley?_s=PM:LAW>
"Scott Peterson's Murder Trial Starts." USA TODAY [Redwood City, CA] 1 June 2004, Nation n. pag. Web. 12 Nov. 2011. <http://www.usatoday.com/news/nation/2004-06-01-peterson-trial_x.htm>.
Underwood, Jill. "Scott Peterson Is Innocent." Time Magazine. 20 April 2003:
Walsh, Diana. "Jury Recommend." SFGATE [San Francisco, CA] 13 December 2004. Web. 12 Nov. 2011. <http://articles.sfgate.com/2004-12-13/news/17458161_1_scott-peterson-modesto- fertilizer-salesman-mark-geragos>.
"Woman Claims Affair With Scott Peterson." ABC NEWS. 24 Jan 2003: n. page. Print. <http://abcnews.go.com/US/story?id=90910&page=1>.