updated 12/27/2005 10:28:04 AM ET 2005-12-27T15:28:04

Guest: Matt Dalton, Steve Cardosi, Edie Lambert, Mickey Sherman, Vernell

Crittendon

DAN ABRAMS, HOST:  Coming up, an explosive new book on the Scott Peterson case from a trial insider argues Scott Peterson is actually innocent. It's another ABRAMS REPORT exclusive. 

(BEGIN VIDEOTAPE)

ABRAMS (voice-over):  A former member of Peterson's defense team going public in a new book, criticizing prosecutors, police and even the defense team.  Matt Dalton is citing evidence he says should have been presented to the jury; evidence he says would have saved Scott Peterson from death row.  I'll have the tough questions in this exclusive interview and a response from the foreman of the jury.  Would any of it have changed his mind? 

The program about justice starts now.  

(END VIDEOTAPE)

ABRAMS:  Hi, everyone.  It's been over a year since a jury recommended death for Scott Peterson for the murder of his wife Laci and unborn son on Christmas Eve three years ago.  Since then there haven't been that many people publicly defending him saying he shouldn't be on death row, he shouldn't have been convicted, but a new book written by one of Peterson's former attorneys does just that. 

Matt Dalton was a prosecutor for 13 years before becoming a defense attorney.  Dalton spent about six months in Modesto investigating the Peterson case, interviewing witnesses and meeting with Peterson regularly in jail.  Dalton thinks the jury didn't hear everything and that if they had, they might have reached a different verdict. 

(BEGIN VIDEOTAPE)

MATT DALTON, AUTHOR, “PRESUMED GUILTY”:  I read everything the police had related to the disappearance of Laci Peterson.  I read it word for word, line by line and I'm telling you, Dan, critical information was not presented to the jury. 

ABRAMS:  Does that mean Scott Peterson is innocent? 

DALTON:  Dan, six witnesses in Scott and Laci's neighborhood saw Laci walking her dog around the block the day after she was supposedly killed.  The police theorize that Scott killed his wife the night of December 23, then why do all of these witnesses in the neighborhood see her walking her dog the next day?

ABRAMS:  The reason that those witnesses weren't presented is first of all because the police witnesses talked about the fact that there were these supposed Laci sightings and the reason they didn't want to present these witnesses was because their stories didn't make sense in the sense they weren't consistent with one another and they simply weren't credible. 

DALTON:  I personally interviewed each of the witnesses.  They were all credible.  Each of them independently and separately reported this to the police.  They didn't know about the other reports.  What the witnesses said to me was consistent with what they reported right after the disappearance.  What they reported right after the disappearance was documented in reports.  That documentation is what I'm describing to you now.  Those people went on record right after the disappearance describing what they had seen. 

ABRAMS:  Except some of them say that they see her or someone they

think may have been Laci, some of them actually said that they didn't think

it was Laci later on, but the ones who did think it was Laci sometimes say

that they saw her after the dog was found walking around the neighborhood

by itself. 

DALTON:  When they sighted Laci it wasn't important at the time.  Nobody is looking at their watch to see what time they saw her.  I spoke to each of them.  The time estimates are in the correct timeframe from 10:00 to 10:30 and they are positive of what they saw and that's what's important. 

ABRAMS:  Isn't it possible that after you stopped working on the case that people continued to investigate, they continued to ask questions and that the answers just weren't the ones that Scott Peterson's team would necessarily want to hear?  And as a result, they said maybe we shouldn't call these people because it's not going to help our case.

DALTON:  These people were all interviewed right after the disappearance.  All of them came forward with the information they had. 

ABRAMS:  And the fact that these witnesses' accounts were brought in through the police, not enough? 

DALTON:  Look, it was a mistake not to put those witnesses on the witness stand.  That's my opinion. 

ABRAMS:  What do you think really happened to Laci Peterson? 

DALTON:  When I talk to witnesses and I read reports from witnesses and it seems to indicate that Laci was being followed by two men cussing at her.  A woman eight months pregnant is being followed by two men cussing at her.  The witness described it and it stood out in her mind because it was so outrageous what she was seeing.  At the same location screaming is heard.  At that same location a suspicious van speeds off and it's the same van sitting in front of her house 45 minutes before.  That's what I think happened to Laci Peterson.

ABRAMS:  You think she was abducted? 

DALTON:  I think that van had something to do with disappearance of Laci Peterson.  And this is based upon what the witnesses said, Dan.  This is what the police reports say. 

ABRAMS:  The police would say we did follow up on them and you know what, none of these reports were credible. 

DALTON:  Dan, what do you mean reports are not credible? 

ABRAMS:  They would have to have really been trying to get Scott Peterson convicted to not present this evidence if it's as strong as you say. 

DALTON:  Again, Dan, Geragos' competency is going to get reviewed on appeal. 

ABRAMS:  But competency is one thing.  When they have all this evidence and they don't present it, there has got to be a reason they didn't present it.  Maybe it just wasn't credible. 

DALTON:  Dan, the statements are documented in reports...

(CROSSTALK)

DALTON:  ... but they're at issue. 

ABRAMS:  You have a whole chapter about satanic activity in the neighborhood.  You quote from satanic manuals, et cetera.  You investigated and spent a long time working the whole satanic angle. 

DALTON:  I know from my investigation that several of these satanic cults were founded in the Berkeley area.  I know from my investigation that seven pregnant women have suddenly disappeared in that area.  That's an incredible number of people, pregnant women to disappear over a three-year period in that general area. 

That's incredible.  The other thing that I thought was incredible is that

Evelyn Hernandez, eight months pregnant, disappears from that area on May

1.     According to the satanic calendar and the Satanists, that's called the grand climax, a day of sacrifice. 

ABRAMS:  And the fact that you pull out this May 1 of the satanic calendar, some people are going to look at that and say Dalton, he was a great prosecutor in the L.A. D.A.'s office for a lot of years.  He's gone off the deep end. 

DALTON:  This is a real satanic cult in Modesto.  Specifically it bothers me that Evelyn Hernandez apparently was abducted on May 1, a satanic day.  It bothers me that her hands and feet and head are missing.  It bothers me that her baby was never found.  December 24 of the same year, Laci Peterson apparently abducted.  Personal property found in the street. 

Laci Peterson is found in the same San Francisco Bay that Evelyn Hernandez is found in.  Laci Peterson has no hands, no feet.  Her head is missing.  The baby appears to have been removed and handled by somebody, in my opinion.  I think that's incredible that two of the seven women that have disappeared, disappeared on satanic days. 

ABRAMS:  What do you say to those who would say by talking about the satanic cults and Satanism and the satanic calendar that you're going to undermine your credibility in this theory that people are just going to ignore it and say Dalton has gone off the deep end?

DALTON:  Well I want to tell them that the Modesto Police Department initiated an investigation into a satanic group.  It's documented in a police report.  That's where I started.  That's why I started the investigation on the Satanists.  I started with that group.  But it is a reality in that area.  No question in my mind. 

(END VIDEOTAPE)

ABRAMS:  I don't know about that.  But I can also tell you that the Evelyn Hernandez case he's talking about has been investigated thoroughly and there are no Satanists who are considered possible suspects.  But all right, what about all the incriminating evidence against Scott Peterson?  The fact that Laci's body washed ashore at the same place where Scott said he went fishing 90 miles from their home. 

It sure seems Dalton ignores that.  I'll ask him about it.  And what about Peterson's girlfriend, Amber Frey?  Dalton says there's no way Scott would leave Laci for Amber.  That she had her own child and get this, one of the reasons he gives is he said that Laci was prettier than Amber. 

Plus, why did Mark Geragos try to block the publication of this book?  More of my exclusive interview with Matt Dalton and we'll get reaction from the jury foreperson who decided Peterson's fate.       

Your e-mails abramsreport@msnbc.com.  Please include your name and where you're writing from.  I respond at the end of the show.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SCOTT PETERSON, SENTENCED TO DEATH:  (UNINTELLIGIBLE) like she would do.  (UNINTELLIGIBLE) like a way to experience her right now for me.  A lot of times I can't make it very far.  I get part of the way.  I certainly can't make it to the part of the park where currently there is a big poster of her up.

(END VIDEO CLIP)

ABRAMS:  When the jury weighed the evidence in the Scott Peterson case they found enough to convict him for murdering his wife Laci and their unborn child, but not enough to convince Matt Dalton, a member of Peterson's defense team for six months before the trial started.  He has a new book out that says Peterson shouldn't be on death row and that evidence he uncovered should have been presented to the jury.  In more of my exclusive interview with Dalton, I confronted him with the evidence against Peterson that I think he ignored. 

(BEGIN VIDEOTAPE)

ABRAMS:  What troubled me about the book is you didn't address any of the most incriminating evidence against Scott Peterson. 

DALTON:  Let's get into each of them, Dan.  I mean a lot of these issues that the prosecution presented I don't think—I didn't take them seriously. 

ABRAMS:  Is there any dispute that Scott Peterson says he was fishing 90 miles away from his home exactly where the bodies were found?

DALTON:  It's not exactly where the bodies were found.  He was in Berkeley fishing and to my understanding, the bodies were found a few miles away...

ABRAMS:  So you think it's possible—it's coincidence that he happened to be fishing in this area very far away from his home and that the bodies happened to have been found very, very close by, 90 miles from his home? 

DALTON:  What I'm saying, Dan, is that I don't think the investigation is over.  I think that there are facts out there that we should still look at. 

ABRAMS:  You say that it's possible he got framed.  Do you think that the reason that Laci and Conner's bodies were found right where Scott Peterson said he was fishing is because he was framed? 

DALTON:  Dan, it's a possibility.  And I understand that's the biggest problem you have with the case, the fact that Scott said he was fishing in the area where his wife's body was found. 

ABRAMS:  You've got to be willing to take on the incriminating evidence.  If you're going to write a book that says Scott Peterson was wrongly convicted, you've got to address the incriminating evidence against him.

DALTON:  This was publicized very early on that Scott was fishing in that area, so there is a possibility the bodies could have been planted there.  The Modesto police had a press conference soon after the disappearance.  It became public knowledge that Scott Peterson was fishing in Berkeley.  I don't think it's so far-fetched that somebody capable of abduction and murder would also be capable of planting a body in Berkeley. 

ABRAMS:  The other thing you don't address in this book are Scott's own words.  You don't address the fact that Scott Peterson when he came back told some people he went golfing.  He told other people he went fishing.  He didn't seem to know exactly what kind of lures he used. 

DALTON:  Take each of these things individually.  His wife disappears and their story is he didn't know what bait he was using.  This is the day that he came home...

(CROSSTALK)

DALTON:  That's not true...

(CROSSTALK)

DALTON:  He never said that. 

ABRAMS:  He told some neighbors he was golfing. 

DALTON:  That's not true. 

ABRAMS:  He had inconsistent stories about what he was doing about how he was fishing or whether he was fishing.  He has inconsistent stories even publicly in interviews about when he tells the authorities about an affair, et cetera.  You don't deal with any of those in your book. 

DALTON:  Dan, I think I talk about—in fact the first chapter is entitled the case against Scott Peterson and I tried to bring out the entire prosecution case and I think all these things are refuted by Peterson.

ABRAMS:  You don't address any of those issues.  You do not refute any of them. 

DALTON:  Look at the information I had.  I started this investigation right after Scott was arrested and this information developed very quickly.  There's a very, very strong case indicating that somebody had abducted Laci Peterson and it was ignored.  If you want to get into you know fighting over these small issues about—you know the police say Scott didn't know what he was fishing for.  The police say he didn't know what hooks to use.  The police say that he didn't know if he was golfing—I mean you know come on, you could go on and on.  I haven't heard one fact that supports an inference of guilt. 

ABRAMS:  So where the bodies were found in conjunction with all of Scott Peterson's statements you think is just irrelevant? 

DALTON:  I'm not ignoring the prosecution case.  My sole purpose here is to get the new information out there, information that could have helped Scott Peterson. 

ABRAMS:  You would concede that there is evidence; it sure makes it look like Scott Peterson is guilty?

DALTON:  I would say that there are suspicious facts.  And I say that in the book that—but I do believe that they are explainable.  This isn't about suspicion, Dan.  This is about a criminal jury trial.  This isn't suspicion.  They have got to prove this with evidence beyond a reasonable doubt.  Suspicion doesn't carry the day. 

(END VIDEOTAPE)

ABRAMS:  Yes, well bottom line is that there were witnesses who testified that Scott Peterson said he was golfing and not fishing. 

Joining me now Edie Lambert is an anchor with our Sacramento affiliate KCRA.  She covered the Peterson trial each and every day.  Mickey Sherman is a criminal defense attorney who covered this trial and Steve Cardosi was the foreman of that jury that convicted Scott Peterson. 

All right, thanks to all of you for coming on the program.  Appreciate it.  All right, Steve, let me start with you.  Anything you're hearing from Matt Dalton change your mind? 

STEVE CARDOSI, PETERSON JURY FOREMAN:  No, not really.  It seems he's focusing on a lot of things that weren't or deemed weren't admissible or chosen by Scott Peterson's own defense team not to be brought forward in the case.  And I would like to put a little bit of faith in the justice system and his attorneys that if there was something that was so concrete that it would have gotten him off they would have definitely brought it forward. 

ABRAMS:  Edie, look, let's go through some of this stuff.  He's talking about the van, this mystery van that was found and these witnesses.  Let's start with the van.  The issue with the van, the prosecutors would say they found that van, they would say they tested that van and that it had no connection to the case and they interviewed all the mystery Satanists that he's talking about, right? 

EDIE LAMBERT, KCRA REPORTER: Right.  And remember, Dan that the van itself can cut both ways.  And one reason that the defense may not have focused on that during the trial is that there was also a theory that Peterson met up with two guys, neo-Nazi types, in Fresno and allegedly had offered them money to kidnap Laci Peterson.  “Dirty” and Skeeter” were their improbable names in this case.  And in fact they drove a brown van, a tan van.  So that particular evidence could cut both ways and there may have been a very strategic reason that Geragos didn't bring that up in trial. 

ABRAMS:  And there was a strategic reason to not call the supposed Laci-sighting witnesses either.  And correct me if I'm wrong, I mean this was a while ago, but my recollection was that they offered differing times. 

Some of their timelines didn't work.  Some of them said it wasn't Laci who

they saw.  And the bottom line is that it seems to me that the prosecutor -

·         the defense thought it was more credible to just get it out through the police to say oh there were these Laci sightings they didn't do anything about.

LAMBERT:  Well and if you remember it seemed like the prosecutors expected that the defense might put some of this up during their case and the prosecutors obviously went first, they presented their case first in this trial, and they made an attempt to neutralize that kind of testimony.  They had woman after woman after woman after woman take the stand who looked something like Laci—in some cases they were pregnant. 

In some cases they had a dog that looked like Laci's dog.  These were all women who went walking through the neighborhood.  The point of course that these alleged witnesses could have seen one of these other women and mistaken those people for Laci.

ABRAMS:  All right.  Mickey, let's take the other side of this.  Look, Matt Dalton would say I talked to these people.  He would say I'm the one who interviewed these people; I'm the one who wrote reports for the defense and yet, none of it was used. 

MICKEY SHERMAN, CRIMINAL DEFENSE ATTORNEY:  It's hard to buy.  It's just very hard to buy.  Let me tell you, having been in that chair that Mark Geragos was in, you want to win that case more than you want to draw your next breath.  Believe me.  You want...

ABRAMS:  Not to make mistakes, right...

SHERMAN:  ... win it for him.

ABRAMS:  You can make mistakes though, right? 

SHERMAN:  You can make mistakes but you're not going to overlook important witnesses.  You're going to throw everything out there that's credible and relevant.  And the witnesses that you don't put on, there's a reason you don't do it. I mean there are lawyers out there who make mistakes and that's why we have appellate courts.

But I have to believe that Mark Geragos carefully considered—and don't forget he's not working alone.  He's got a team there.  Other people have voices.  He's not going to disregard a decent witness who's going to add some credibility to his defense.  I think he picked and chose which—where he wanted to go and which kind of defenses he wanted to use and that if he felt these people weren't credible and was going to leave a bad taste in the jury's mouth, he didn't go with it.  And I think Steve, the jury foreperson who's on this show, agrees with that as well. 

ABRAMS:  Well Steve, let me ask you, amongst the issues that you've heard Matt Dalton talk about so far, and we're going to hear him talking about some more issues in a moment, did any of these come up in the jury deliberation process?  I mean this was not a speedy deliberation. 

CARDOSI:  Some of them did, but...

ABRAMS:  Like what? 

CARDOSI:  Obviously, it's been quite a while so it's hard for me to remember everything that came up.  But I would like to basically say that if Geragos put on more witnesses that came across inconsistent, that would be one of the last things that his client would have needed because one of the things...

ABRAMS:  What if there had been one credible witness—what if there had been a witness who you thought seemed pretty credible who said that in the timeframe that the defense is talking about, you know we're talking about the period right before the dog is seen walking around the neighborhood alone, that they say I saw someone who I was convinced was Laci Peterson?  Would that have been a big deal to you? 

CARDOSI:  It's hard to say in hindsight whether that would have been a big deal or not.  But it was basically, the prosecution's case far outweighed what the defense's case was as it was presented.  If it was presented differently, I mean who would know?  I mean that's...

ABRAMS:  Yes.

CARDOSI:  ... speculation on my part to say that oh we would have gone this way or we would have gone that way.  But I highly doubt it would have gone any other direction because I don't believe there's anything out there that's credible enough to make it go any other direction. 

ABRAMS:  You know Matt Dalton talks a lot about—in his book about an elderly couple, one of them has died since then who he says really could have been the key that they're convinced that they saw Laci.  The woman in particular is convinced that she saw Laci that morning. 

The way that they know that is based on the fact that the husband says he was watching a football game on TV that morning.  We interviewed them on this program.  We then went and checked.  It was Christmas Eve.  There were no football games like the ones he was talking about, so he simply must have had the date wrong. 

But that's the sort of problems that they had with these witnesses.  They just—they either had their timing wrong or they simply weren't convinced it was Laci Peterson but look, that was Matt Dalton's opinion and he spoke to these people.

We're going to have more of my interview with Matt Dalton.  Edie, Mickey and Steve are going to stick around. 

Coming up, she was considered one of the crucial witnesses for the prosecution, Scott Peterson's ex-girlfriend, Amber Frey.  Dalton in his new book says there was no way she was a motive for murder.  In fact Dalton says Peterson's affair with Amber had no impact on his marriage to Laci. 

And later, life on death row.  How does Peterson pass the time?  We've got a rep from San Quentin with us to tell us how Peterson is faring. 

(COMMERCIAL BREAK)

(NEWS BREAK)

(BEGIN AUDIOTAPE)

AMBER FREY, SCOTT PETERSON'S FORMER GIRLFRIEND:  How was your New Year's Eve?

PETERSON:  It's good.  I'm just—everyone is in the bar now so I came out in an alley, a quiet alley.  Isn't that nice?

FREY:  Yes, it is.  I can hear you.

(LAUGHTER)

FREY:  Very good.

PETERSON:  It's pretty awesome.  Fireworks there at the Eiffel Tower. 

A mass of people playing American pop songs. 

(END AUDIOTAPE)

ABRAMS:  Well of course now we know that to be a lie.  Scott Peterson was nowhere near the Eiffel Tower on New Year's Eve in 2002.  And it wasn't the only lie he told his girlfriend Amber Frey.  About a month after Laci Peterson went missing, Frey faced the world and told us that she knew Scott Peterson, she knew him to be her boyfriend. 

She recorded her phone conversations with him for the police.  He talked about how he wanted to spend his life with her.  But in his new book, former defense team member Matt Dalton doesn't seem to think that was a big deal.  Hear more of my exclusive interview. 

(BEGIN VIDEOTAPE)

ABRAMS:  Before Laci goes missing, Scott Peterson tells Amber he lost his wife.  Not relevant? 

DALTON:  Who said he said that? 

ABRAMS:  She did. 

DALTON:  OK.ABRAMS:  You don't believe her? 

DALTON:  I wasn't the trier of fact, but you know I don't accept everything that's said like that.  You know I—jury heard it.  It is what it is, but you know I don't know if that was said or not.  It wasn't on tape.  That was something that Amber said.

ABRAMS:  And the jury believed her. 

DALTON:  Well you know, again, I'm not here at all trying to question the jury's decision.  You know this sort of stuff is all information the jury had.  My purpose in doing the book and in coming out here is to get out information I found during my investigation right after the disappearance, right after the arrest.

ABRAMS:  You suggest in your book that there's no way that Amber Frey would be the motive for murder here.  And yet, the prosecutors never argued that Amber Frey was the motive.  They said that Amber Frey was a symbol of what Scott Peterson wanted.  He wanted his freedom and that she was just one of the reasons that he wanted to be free. 

DALTON:  I'll JUST say it VERY simply.  It didn't make any sense to me, OK.  You know this is of course is something...

(CROSSTALK)

ABRAMS:  That was—my point is the prosecutors never argued that Amber Frey was the motive in the closing argument...

DALTON:  Well...

ABRAMS:  ... in fact they said she wasn't. 

DALTON:  Well they sure started the case off with the idea of her being a motive in this.  Now all I want to say to you though, Dan, is it never made any sense to me that Scott Peterson would kill his wife and child to take the role of being the father to someone else's child.  It just didn't make any sense to me.  That theory didn't make sense to me. 

ABRAMS:  In the various tape-recorded conversations between Scott Peterson and Amber Frey, Scott Peterson said the following. 

In my mind we could be wonderful together.  For the rest of our lives I think we could care for each other and her daughter.  I worry about you.  I desire to make you happy.  I just need to tell you how much I care about you.  Again and again and again, Scott Peterson is telling Amber Frey on tape how much he cares about her and your position is (UNINTELLIGIBLE) she was nothing. 

DALTON:  Let's—you want to talk about the other relationships that he had?  There were several relationships.  But now we think Amber is the reason for this?  I mean I, you know Dan, I wasn't convinced it was a motive.  I wasn't convinced it was a motive.  I don't think—I think that Amber Frey—I think she played a big role in the case because of the lying that took place, but I don't think that that in any way—and this is my experience as a prosecutor—in no way does that support an inference of murder.  And that's a huge leap that they made and I disagree with it. 

ABRAMS:  You say there is nothing that I saw, however, that indicates that Scott's extramarital affairs impacted upon his relationship with his wife.  Some people are going to read that and they're going to say, his extramarital affairs, multiple affairs didn't impact on his relationship with his wife.  People have seen that picture of Laci, for example, sitting alone at a Christmas party while Scott Peterson is partying it up with Amber Frey.  And you're saying in this book that you didn't see anything that indicated that Scott's affairs affected his relationship with his wife. 

DALTON:  Look, the police did a thorough investigation into Scott's

background.  They found other women, other affairs that he had.  One report

indicates that Laci found out about one of the affairs, indicates that they

·         there was no change in the marriage.  They continued to stay married after that.  There were several affairs that were mentioned and talked about besides Amber Frey. 

ABRAMS:  So it didn't matter.  Scott...

(CROSSTALK)

ABRAMS:  ... and it didn't have any impact...

DALTON:  Look, look, look, no I'm saying it was personal between Laci and Scott.  You know I'm just telling you the facts.  I'm telling you that there is a police report that indicates that Laci caught Scott having an affair early in their marriage.  It's in a police report.  They continued to stay married.  Scott always went on record saying that this was between him and his wife.

ABRAMS:  But he also lied about whether he told her about it. 

DALTON:  Does that support an inference of guilt or does that mean he's trying to hide the affair with Amber Frey?  But as a 13-year prosecutor, Dan that piece of evidence does not support an inference of murder.  And you know you could look at that in a vacuum, you know ignore everything that I have told you today, ignore all these witnesses that I talked to and pulled out of the Modesto police reports, ignore it all and just continue to focus on Amber and what he said to Amber and it's ridiculous.  Come on.

(END VIDEOTAPE)

ABRAMS:  Earlier in the interview I talked to him about that comment that Amber said Scott Peterson made before Laci disappeared that he had lost his wife before she in fact disappeared. 

Back with me is our legal team.  Steve Cardosi, how important was Amber Frey in the deliberation process? 

CARDOSI:  She was pretty important in terms of she brought forward things, she allowed us to actually hear things that we wouldn't have been able to hear without her.  But the one thing he's talking about, if you live in a vacuum or you look at everything in a vacuum.  It appears to me that he's looking at everything in a vacuum. 

It wasn't one critical piece of evidence that made this case for the jury.  It was everything collectively together looking at it all, analyzing it all that kind of brought us to the decision we came to. 

ABRAMS:  Let me ask you, Steve, he says in his book at one point that why would Scott Peterson kill his wife and their child to effectively trade her for Amber Frey who he describes as less attractive than Laci and to take on her own child, take on her child.  Did that ever come up in the deliberation process? 

CARDOSI:  Not—no, not really at all.  It—I don't believe anybody even tried to pitch that.  The defense tried to pitch it for a moment, but that was it.  Geragos said right from the beginning my client is a cad, but he's not a murderer.  So I mean that—it doesn't seem like he was trying to use that as his defense for the prosecution saying oh yes, why would he do this.  It never came across that way to me anyway. 

ABRAMS:  Edie, how important do you think the comments that Scott Peterson made to Amber were—let's talk about the comments that he made before Laci went missing, which Dalton in my interview kept saying well it's not on tape, it's not on tape, effectively saying that he didn't believe Amber. 

LAMBERT:  I'm sorry.  I missed the question. 

ABRAMS:  The question is how important do you think the comments that Scott made to Amber were before Laci goes missing?  How important were those do you think in the context of the case? 

LAMBERT:  I think it's incredibly important that he would tell somebody I lost my wife before his wife even goes missing.  And I also think—you hit it right on the head.  Prosecutors never said this was a choice between Amber Frey and Laci Peterson.  This was a choice for Scott.  Did he want to be married and did he want to become a father or not? 

That's how they pitched it as a sort of a battle for his own freedom.  I think it's important to remember here that in this particular case this is really insight into the mind of someone who can lie so convincingly and so easily.  Members of the jury may have asked you know how could he kill his pregnant wife?  What kind of person would do that?  When you hear the lies repeatedly on tape, you start to understand what kind of person this is. 

ABRAMS:  You know, Mickey, in the context of the book he also talks about these other pregnant women who went missing in this general area.  He talks about this 80-mile radius and he picks a certain timeframe and says you know these different pregnant women went missing in that area.

Now, for a lot of these cases they either have strong suspects or they feel that the case has been solved and there are no sort of Satanist suspects out there.  But do you think that they should have presented more evidence about these other missing quote—unquote—“pregnant women”?

SHERMAN:  Not unless there was something, something tangible to connect them to this type of investigation.  And if they actually put that in evidence and the state's attorney debunked it, it just shows what a sham that the defense is trying to put on.  And I got to tell you, if I could just back up on the Amber Frey thing...

ABRAMS:  Yes.

SHERMAN:  ... I was a prosecutor for four years but I don't have to be a prosecutor to figure out why a guy would tell Amber Frey these things.  It's as simple as he just wanted to get into her pants and there's no other reason for that.  The guy will say anything.  I'm not talking about me or you, Dan.  I'm just talking about men in general when they are trying to hit on a woman; they are not there to win the Nobel Prize...

(CROSSTALK)

ABRAMS:  And so afterwards...

(CROSSTALK)

ABRAMS:  ... when he's talking about—so afterwards, after she's missing, right...

SHERMAN:  Totally. 

ABRAMS:  After she—right, so Laci at this point is now—quote—

“missing” and Scott Peterson is talking about how he wants to spend his life with her, et cetera...

SHERMAN:  Yes.

ABRAMS:  ... this is all an effort to get into the pants of the woman whose pants he's already gotten into? 

SHERMAN:  He's not a nice guy.  As Geragos points out...

ABRAMS:  Wait.

SHERMAN:  ... he's a cad. 

ABRAMS:  But it's to get into the pants of the woman he already—whose pants he's already been into the first night.

SHERMAN:  I believe so (UNINTELLIGIBLE).

ABRAMS:  All right...

SHERMAN:  Don't ask me. 

ABRAMS:  All right.

SHERMAN:  Ask Steve.  Did they consider Amber Frey...

ABRAMS:  Steve, very quickly...

SHERMAN:  ... motive here?

ABRAMS:  Steve, go ahead. 

CARDOSI:  I believe—you know I believe Scott would do anything, like he said, to basically seduce Amber or whatever.  But let's keep in mind too, right after his wife went missing, he also ordered all the pornographic channels on his TV...

ABRAMS:  Yes.

CARDOSI:  ... and all these other things.  If he didn't do it or have something to do with that, even if he and Laci were on the fritz, I really don't think he would have done that. 

ABRAMS:  Yes.  All right...

(CROSSTALK)

ABRAMS:  You know I remember the defense said oh you know—who knows who ordered it, et cetera.  All right, Edie Lambert, Mickey Sherman, and Steve Cardosi, thanks a lot.  Appreciate it. 

Coming up, does Matt Dalton think that Peterson's lead attorney Mark Geragos blew this case?  I ask him that.  Up next. 

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

MARK GERAGOS, SCOTT PETERSON'S ATTORNEY:  We set the bar extremely high and that's to prove that Scott is not only factually innocent but to figure out exactly who it is did this horrible thing to Scott's wife and to Scott's son and to their grandson. 

(END VIDEO CLIP)

ABRAMS:  The bar was set a little too high.  One year ago the jury recommended death for the crime.  Matt Dalton was on the defense team for six months before the trial started.  Now in a new book he says if he had been the attorney at the trial he would have provided more answers and more witnesses to try to show that Peterson could not have killed Laci and that someone else did. 

(BEGIN VIDEOTAPE)

ABRAMS:  You say in my opinion if the jury had heard all of the relevant information related to this case, Scott Peterson would not be on death row today.  It sounds like you're basically saying the defense team blew it. 

DALTON:  If that information had been presented to the jury, I do not think Scott Peterson would be on death row today...

(CROSSTALK)

ABRAMS:  A different defense team with a different tactic with a different strategy...

DALTON:  If that...

ABRAMS:  ... would have led to a not guilty verdict. 

DALTON:  If these facts and these witnesses, real facts, real witnesses, reports generated by the Modesto Police Department, if these things had been presented to the jury, it's my opinion it would have made a difference. 

ABRAMS:  And that Scott Peterson would not have been convicted? 

DALTON:  I totally believe that. 

ABRAMS:  You write in the book that the lead attorney Mark Geragos was really almost fired, taken off the case.  What happened? 

DALTON:  Scott Peterson felt that this thing had been solved.  Scott Peterson wanted out of custody.  Scott Peterson was the one that wanted to talk to different lawyers. 

ABRAMS:  Scott Peterson wanted to fire Mark Geragos? 

DALTON:  Petersons wanted to talk to different lawyers and they talked to different lawyers.

ABRAMS:  And it sounds from your book like it was this close to Mark Geragos getting kicked off the case. 

DALTON:  Well, he—Scott Peterson had signed a new retainer agreement with a firm.  He had signed...

ABRAMS:  To get a different lawyer? 

DALTON:  ... substitution of attorney papers for a different lawyer.  Geragos was notified of the Petersons going to this new law firm.  Geragos apparently flew up to Modesto to meet with Scott Peterson and met with him for quite a while and Peterson decided to stick with Geragos. 

ABRAMS:  You think that was a mistake? 

DALTON:  You know, I don't know.  I can't tell you. 

ABRAMS:  Mark Geragos has sued to stop this book from being published.  He's made comments about you personally and said that you really never should have written this book.  What is your response? 

DALTON:  Well, the Peterson family has been behind by efforts.  Scott Peterson has been behind by efforts.  He sent me a letter two days before Geragos filed this lawsuit expressing his gratitude.  Never once objecting to any of this.  In fact, it was just the opposite.  So, I don't know.  I can understand why Geragos wouldn't want the public to hear all of this, but Scott Peterson is on death row. 

(END VIDEOTAPE)

ABRAMS:  We have called Mark Geragos several times asking for a response to the book.  He has not returned our calls. 

Coming up, more of my exclusive interview with Matt Dalton.  That finding the real killers of Laci and Conner is what drives him.  He's doing this for Laci?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SHARON ROCHA, LACI PETERSON'S MOTHER:  I can only hope that the sound of Laci's voice begging for her life and begging for the life of her unborn child is heard over and over and over again in the mind of that person every day for the rest of his life. 

(END VIDEO CLIP)

ABRAMS:  Laci's mom, Sharon Rocha, vowing to bring the killer to justice.  In a new book, one of Peterson's former attorneys, details why he thinks Peterson is likely innocent.  In my exclusive interview, I asked him a lot of tough questions about that, and then asked about how Laci's family will react to some of what he writes in the book. 

(BEGIN VIDEOTAPE)

ABRAMS:  You say in the book, I wasn't just working as a defense attorney.  I was working for Laci, to find out who did this to her and bring the murderer to justice.  Aren't you concerned that the family of Laci Peterson is going to read that and they're going to say, the nerve, the nerve of Matt Dalton, to claim he was working for Laci. 

DALTON:  I have a lot of facts that they don't know about, and you know, I saw the body, Dan, and it had a huge effect on me, and I saw how her legs were duct taped, and I saw the condition of her body, and, you know, with everything else I have described these witnesses saying, and her legs being duct taped, classic abduction tool, I am convinced it was somebody else, and looking at her body just really, really motivated me to try to find the monsters or monster out there who was responsible for that. 

ABRAMS:  But you can see why the family would say Matt Dalton has no right to claim that he was working for Laci. 

DALTON:  Well, I sure feel that I had pulled out evidence, facts that supported my theory as to what happened, and I think that it's important that we find the real killer in the case. 

(END VIDEOTAPE)

ABRAMS:  All right.  Well, that's it for now, but coming up, what's life like for Scott Peterson on death row?  Does he still have pictures of Laci hanging up in his cell?  We'll speak to an official from San Quentin.  Up next.

(COMMERCIAL BREAK)

ABRAMS:  We have been talking about a new book in the Scott Peterson case, one of his former lawyers saying that he didn't get a fair trial, but now, the question is what is going on with Scott Peterson on death row?  Joining me now on the phone Vernell Crittendon, spokesman for San Quentin.  Vernell thanks for coming back on the program.  How is Scott Peterson holding up on death row? 

VERNELL CRITTENDON, SAN QUENTIN PRISON SPOKESMAN (via phone):  It's nice to be talking with you, Dan, and you know we have been covering Scott Peterson, now, you and I for the year he has been here and he's doing really well.  He actually went and requested to be on an exercise yard group, so we have moved him with a group of men now, actually one of them, Clarence Ray Allen, who will be coming up for execution January 17, is one of the men that now he goes out and exercises with in a small group of death row inmates. 

ABRAMS:  How do you choose which other inmates he exercises with? 

CRITTENDON:  Well there's a classification review process that the inmates go through.  He requested to go back to a committee, he, Scott Peterson, and requested to go to this particular yard group, so he's now been assigned to that yard group, and he goes out with those men and exercises and socializes every day. 

ABRAMS:  Do you know—were you able to find out, was he the one—

Mark Geragos filed a lawsuit on behalf of Peterson trying to stop this book.  Do you know if Scott Peterson had supported that lawsuit? 

CRITTENDON:  Yes, I am aware of that, but, no, I do not have information directly on...

ABRAMS:  All right.

CRITTENDON:  ... Scott's position. 

ABRAMS:  Does he still have pictures of Laci up in his cell? 

CRITTENDON:  I haven't went up there, but I did talk with the staff today in preparation for this call, and I was told, yes that he does have a photo of Laci on his back wall in his cell. 

ABRAMS:  Anything else you can tell us about the cell? 

CRITTENDON:  He is very neat and orderly, so he keeps his cell very neat.  He has lost a little bit of weight, but he still looks physically fit.  So Scott seems to be doing real well. 

ABRAMS:  Some of the tabloids were suggesting he is sort of flirting with the female guards.  Is that true? 

CRITTENDON:  He does have that flirtatious way with females, but we have no concerns at this time about Scott doing any dating. 

ABRAMS:  Yes and is he still getting an enormous amount of letters every day? 

CRITTENDON:  You know that's the one thing that has tapered off.  You know for quite a while there, he was getting in the area of 70 to 80 letters a day.  Now that's tapered off significantly, but he does still have pretty consistent mail that's coming in. 

ABRAMS:  Give us a sense—do you have any sense of how many letters? 

CRITTENDON:  Oh we're talking somewhere between 10 to 15 letters a day.

ABRAMS:  Wow.  And very quickly, any visitors? 

CRITTENDON:  Yes, he has been visiting.  He still has many of those people that have been supporting him through the court process still come up, and of course he has family that is still very much supportive of him, and he hasn't really added any new visitors...

(CROSSTALK)

CRITTENDON:  ... people that he hasn't known for a while. 

ABRAMS:  All right.  Vernell Crittendon thanks very much.  Appreciate it. 

CRITTENDON:  Dan, it was nice talking with you. 

ABRAMS:  That does it for us tonight.  Coming up next, “HARDBALL” with Chris Matthews.  I will see you tomorrow.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

END   

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