DA target of potshot

Geragos raised eyebrows yesterday by referring to Fox in court as "this piece of crap who masquerades as a DA" for publicly stating that he needs stronger evidence to pursue perjury charges against the Redwood City woman in question.

Mark Geragos later apologized for his remark but re-stated his belief that Fox should more actively pursue an investigation. He also said that it is yet another example of why the highly publicized case should be moved to Los Angeles County, on the opposite end of the state from its Modesto beginnings.

Chief Deputy District Attorney Steve Wagstaffe called Geragos' comments "something you'd say in the third grade" and "something that professional attorneys do not say."

Wagstaffe also dismissed the potential change of venue charge.

"If Mr. Geragos wants to move this trial again he's going to have to go about it in a more mature way," Wagstaffe said.

Judge Al Delucchi will rule on the change of venue motion May 10. Opening statements are scheduled for May 17.

Although Delucchi agreed with Geragos that the possibility of a stealth juror - a person who actively seeks to be on a jury with a hidden agenda - does exist, he chastised the attorney for his scatological remark toward Fox.

Geragos' ire was sparked by Fox declining to pursue the perjury claims. Perjury is a felony crime that carries up to four years in prison. Tuesday afternoon, Fox said he would need more evidence of a crime than what was a presented: one witness who claimed to overhear the woman plot her agenda on a bus.

The witness told the court in a signed document that on a seven-hour ride to Reno with a senior group the woman said "she was trying as hard as she could to pass the test and not appear biased" and she implied that she wanted to be the foreperson.

Fox, who has been the district attorney for 21 years, said he has never prosecuted a juror for perjury. Delucchi ultimately dismissed the juror.

Yesterday, Fox said he was not going to interfere with the claims initially because Delucchi planned to interview the woman and the tipster in May. Although he said he will look into them now, Fox said Geragos is being less than helpful.

Fox said Geragos delivered a one-paragraph cover letter and copy of the tipsters' declaration yesterday shortly before noon. Although the declaration had the name of the tipster, Geragos did not provide any contact information.

"He must have great confidence in our investigative abilities," Fox said dryly.

Yesterday, Geragos became upset after claiming that another stealth juror was among the pool being questioned. Fox said he has not received any information about that instance.

Peterson, 31, is charged with murdering his pregnant wife, Laci, and the couple's 8-month-old male fetus which was to be named Conner. Peterson could receive the death penalty if convicted and has pleaded not guilty.

The case has drawn international publicity since Peterson first reported his wife missing from their Modesto home on Christmas Eve 2002. The bodies of her and the fetus washed up on a Richmond shore the following April and Peterson was arrested. The case moved to San Mateo County after Geragos successfully argued that his client could not receive a fair trial in Modesto.

Prior to Geragos' allegations this week, the trial has had little direct impact on the local District Attorney's Office although it did offer up office space. Fox said to the best of his knowledge, Geragos' handing of the document to his receptionist is the only time the attorney has had contact with his office.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.