This has truly been a sad case, as in any case that involves the taking of life (even more so with an unborn, near term baby).
I've been following this case with much interest. Any murder investigation where the prima facie of evidence is lacking, makes it all the more difficult to investigate and to gather the totality of evidence that will allow for a successful prosecution of an identified suspect(s). No murder is ever easy to investigate. It is the most heart wrenching, stressful, and unforgiving assignment that can break some of the strongest of wills.
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... Even before Laci's body "bubbled up" the Modesto police should have taken him into custody with all of the circumstantial evidence. ...
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I agree that Scott Peterson will most likely be proven an individual that is a threat to society, and the full force of the judicial system should righteously lower the boom on him unless proven otherwise.
Unfortunately, a homicide investigation with an "obvious suspect" has many pitfalls when an arrest is made too early. Circumstantial evidence can fall apart faster than a week old crumb cake sitting out in the sun. A Ramey warrant for arrest can be issued based upon circumstantial evidence that would lead a reasonable person with similar training and experience to form the opinion that the suspect being identified was involved in the crime. However, an early arrest without a fully dedicated investigation to either identifying or eliminating a suspect, will likely lead to a premature arrest in which the clock will start ticking unmercifully for the investigators to sell a case to a filing Deputy DA. 48 hours goes by quickly, the time limit before which an arrestee has to be arraigned for their charge. Even if the Deputy DA files the case, and the arraignment follows along with a successful Preliminary Hearing, a weak case can be lost when it is comprised of circumstantial evidence that provides enough reasonable doubt to a single juror. The risk for double jeopardy under such circumstances is high. No homicide investigator, or DA, would ever want to take that chance with a case like this.
Unfortunately, double murders do not automatically qualify a defendant for capital punishment. In this case, it will still fall under the murder of Laci Peterson, and not inclusive of an unborn child. Unless the Coroner declares that the fetus would most likely have been a viable human able to survive if placed outside of the womb at the time of death for the mother. It's exceedingly difficult for a medical examiner to make that determination. Some medical examiners will go out on a limb and make that call, only to be subjected to the most intense scrutiny under cross-examination by a defense attorney that has hired a proficient M.D. -- a professional opinion has very little protection under the microscope of a knowledgeable defense attorney.
I wish the Modesto P.D. detectives the best in their endeavor to pursue a finite amount of justice that will seemingly never be enough for such a heinous crime.
-Jim