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>.