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“[Graybill] said he entered the area around 1030 to 1045 in the morning. He said he couldn’t remember anything unusual from 516 Covena, but remembered the gate was open at 523 Covena. He said usually the dog barks at him from behind the gate. On 12-24-02 the gate was open and he did not see tor hear the dog at 523 Covena.”
So the note clearly records a discussion that is specifically about the 24th since it gives the time frame at which Graybill arrived in the vicinity of 523 Covena. It's hard to see how such a specific reference could be a mistake but I guess they will have to order a new trial and then call both the officer and Graybill to go over it. Maybe Graybill will agree he was talking about a different occasion altogether although why he would be doing that in the given circumstances is a complete mystery.
No one is questioning Graybill, the appeal is hammering Geragos for not asking him if the gate was open.
Even Graybill said " nobody asked me in court if the gate was open.
I have. I've given my interpretations of Graybill's testimony and why I believe it supports that McKenzie did not bark that day because the gate was NOT open.
My post #1077
Graybill said that the dog always barked, not just when he was outside of the gate.
I did watch most of the latest A&E episode and it was interesting to see the Peterson house (haven't seen a picture of it since it was big news many years ago). The gate encompasses the front yard. If you think a dog who is protective of his or her yard would only bark at the mailman when the gate was open and would be silent if it was closed you probably aren't too familiar with dog behavior.
It was also interesting to see the airport district of Modesto. Modesto has some seriously frightening areas.
Last edited by MissTerri; 09-20-2017 at 11:55 AM..
“Personally, in my opinion, this television series on A&E is not a search for the truth,” John Goold, a spokesman for the Stanislaus County District Attorney’s Office, tells PEOPLE.
“It’s called the ‘Arts and Entertainment’ channel for a reason,” Goold says. “Not the ‘Truth’ channel.”
why would burglars kidnap a pregnant lady?? If they did try Laci would scream and fight. It seems like every neighbor saw her walking by but nobody saw or heard a kidnapping?? I don't think she would even go confront them if she saw something suspicious wouldn't she call the police? She's not some marvel super hero that can take on 3 men while being 7 months pregnant. If she was kidnapped why no ransom note? Why didn't they kill her right away and dump the body. People think they kept her alive a week then dumped her in the bay because Scott was there... that has never been done in history. People are bending over backwards and twisting things to try a fit a plausible scenario but to me it's putting a square block in a round hole.
I thought it was interesting on the A&E show that Scotts dad said when he visits him Scott doesn't want to talk about the case. People that are innocent are always trying to find a way to get a retrial. Just made me wonder....
Why would anyone kidnap anyone? I don't know but it happens, even to pregnant women. Sometimes people do scream and fight when they are confronted with a violent or dangerous person and sometimes they are so scared that they clam up and just cooperate. Maybe she didn't confront them. Maybe they just thought she had witnessed something and decided that was enough. Why do you think there would be a ransom note in this type of situation??? Maybe they did kill her right away? Maybe they kept her? Maybe it wasn't even the burglars but someone else?
The many sightings as well as the mailman's account that the gate was open and the dog was not barking at him on the day that Laci disappeared after Servas put the dog inside leaves a lot of room to doubt that Scott could have been the killer.
Why would anyone kidnap anyone? I don't know but it happens, even to pregnant women. Sometimes people do scream and fight when they are confronted with a violent or dangerous person and sometimes they are so scared that they clam up and just cooperate. Maybe she didn't confront them. Maybe they just thought she had witnessed something and decided that was enough. Why do you think there would be a ransom note in this type of situation??? Maybe they did kill her right away? Maybe they kept her? Maybe it wasn't even the burglars but someone else?
The many sightings as well as the mailman's account that the gate was open and the dog was not barking at him on the day that Laci disappeared after Servas put the dog inside leaves a lot of room to doubt that Scott could have been the killer.
that's a lot of "maybes". Do you realize how rare kidnappings are?? Name one pregnant lady that has been kidnapped in the USA.
On December 27, 2002, Graybill was interviewed Officer M. Callahan and Detective Skultety of the Modesto Police Department. According to Callahan’s handwritten police report, Graybill stated the following in response to the officer’s question “what he remembered from December 24, 2002 when he delivered mail in this area”:
……………“[Graybill] said he entered the area around 1030 to 1045 in the morning. He said he couldn’t remember anything unusual from 516 Covena, but remembered the gate was open at 523 Covena. He said usually the dog barks at him from behind the gate. On 12-24-02 the gate was open and he did not see or hear the dog at 523 Covena.” (See Exh. 3 at HCP-00008.)
More text from the habeas document:
Graybill was the Petersons’ postman, and he delivered mail to the Peterson home between 10:35 and 10:50 a.m. on December 24, 2002. (Exhibit 2 [Declaration of Russell Graybill] at HCP-000005-06; Exhibit 19 [Russell Graybill’s Delivery Record].) Graybill knew the Petersons’ dog, McKenzi, and explained to police (and has recently declared) that McKenzi would bark at him no matter where on the property the dog happened to be. (Exhibit 3 [Statement of Russell Graybill] at HCP-000008.) Whether the dog was in the front or back yards, or even inside the house, McKenzi would bark at Graybill. (Exh. 2 at HCP-000005.)
In response to a lot of random speculation in your post.
The only part that really matters is that the mailman's notation that the gate was open and the dog did not bark gives credence to the many sightings of Laci and her dog walking on the day that she disappeared. If true, it's not possible that Scott was on his way to the Bay to dispose of her body during that same time period.
If Karen Servas returned the dog to the yard at 10:18, closed the gate and left and the mailman shows up 20 minutes or so later and the gate is open and there is no dog in the yard then what could that mean? Considering Laci was seen walking this dog during this time period, it probably means that people really did see Laci and the dog.
In his notes that were missed while scanning and not presented to the jury he does. Plus the gate was open that day so don't you think Mackenzie would have come out to protect the yard as per his usual behavior?
that's a lot of "maybes". Do you realize how rare kidnappings are?? Name one pregnant lady that has been kidnapped in the USA.
I believe he's guilty but this whole case that put Scott in jail is based on maybe's.
Between 1999-2002 within a hundred mile radius of Modesto, 7 pregnant women went missing. Two have been found, Laci Peterson and Evelyn Hernandez, she was found in the SanFran Bay in August 2002.
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