"It presents challenges when you have media companies that have placed billboards on Highway 101, with a call-in survey that asks, 'Is Scott Peterson a monster?'" Harris recalls.
The case was not different from other murder cases from a legal perspective, Harris says. The change of venue to Redwood City presented some personal challenges, however. "We were 90 miles away, and lived in hotels for almost a year. We could go home every six weeks. We were working often from 6 a.m. to 2 a.m."
Harris was involved with the case long before the bodies of Laci and her unborn child were found and murder charges were actually filed. He prepared the special circumstances, or death penalty, phase of the case before the murder trial had started. "You need to file the 190.3 notification ahead," to inform the court and opposing counsel of your intentions, Harris says.
And the opposing counsel was formidable. Mark Geragos, known for briefly defending Michael Jackson but also for his representation of movie star Winona Ryder and former U.S. Rep. Gary Condit, headed the defense team. “We had a team approach, but Geragos had more lawyers than we had,” Harris says.
The D.A.'s office divided up responsibilities (Harris was the lead attorney for the media, among other duties); the trial lasted six months.
Like any high-profile case, the Scott Peterson trial was on the air every day, complete with what the National District Attorney's Association called "former prosecutors-now defense attorneys, who were critical of every move the prosecution team made."
Harris scoffs at some of the second-guessing in the case. One issue in the media revolved around the lack of a weapon, and the suggestion that circumstantial evidence was too weak to convict. "Circumstantial evidence can often be stronger than direct evidence," Harris notes. But the media attention was strong enough to interfere, if only with procedures. Harris recalls handling issues up to the California State Court of Appeal involving media requests to review search warrants issued to Scott Peterson.
Harris and his colleagues won this case; Peterson was convicted and sentenced to death for murder. And the National District Attorneys Association awarded the team with its “Home Run Hitter Award” (complete with an engraved Louisville Slugger baseball bat), in recognition of their successful prosecution.
While heavy media exposure, difficulty with jury selection, and formidable opposition may dominate high-profile cases, the experiences of these California Western alumni underscore the need to focus on the best possible solutions, regardless of the number of eyes looking over your shoulder.