Stranger Than Fiction

June 19, 2006 would mark the beginning of Peterson's civil trial, and the end to many desperately maintained fictions.

Caitlin Atwater, through her dedicated attorney Jay Trehy, will contend that she deserves monetary damages because Michael Peterson "did intentionally, maliciously, willfully and wantonly assault and kill" Kathleen Peterson.

Despite Kerry Sutton's objections, judicial permission for Trehy to take a deposition from Peterson has been granted. But word is, he won't have very much to say.

Unlike the combative, back-and-forth suspense of the criminal trial, the civil trial will focus on the nature and extent of Kathleen Peterson's pain and suffering.

It seems clear to me, the proceeding is going to be merciless.

After saying how much I was looking forward to it, I'm now dreading the event and the information that's going to come out. I'm sickened at this review of the horror. I'm terribly saddened for Caitlin, and for all of the family members involved.

All of them.

I am again overwhelmed by the pure evil of Michael Peterson, and by the death and devastation this one man has caused.

May 16, 2006

No word on Mr. Peterson's appeal is expected any time soon. But there is some news to report: Kerry Sutton, will represent the novelist when his civil trial begins on June 19. I wonder if she agreed to take the case prior to becoming immersed in the Duke University lacrosse scandal.

Tom Maher is set to argue the Peterson case before
the North Carolina Court of Appeals on April 18, 2006.

Hizzoner, Michael Peterson -- April 18, 2001:

"Our solution? Blow more smoke to fool ourselves. Talk nonsense.
Avoid difficult decisions. Make outlandish promises we can’t keep --
theaters, parking decks, ice skating rinks, etc. Deny reality at all costs."

"Little pieces of information about the debacle that is Durham city
government have been leaking out for quite a while but now we
have enough pieces to see the true dimensions of the disaster."

"This city is heading into the toilet."

Comfort and Joy

Our loved ones live on in our hearts.

"We were never hired to represent Mike on the civil case.
That is not our area of expertise."
-- David Rudolf about himself and Thomas Maher

"There may be someone else who might step up,
but I can't speak to who that might be right now.
So is he being hung out to dry? Probably not."
-- -- Kerry Sutton

Not a Creature was Stirring

December, 2005

Amidst the hustle and bustle of the holidays comes grim news for Camp Peterson. A date was announced for Michael's civil trial and yet no defense lawyer has stepped forward to announce that he -- OR SHE -- would take the case.

Et tu, Kerry?

Well -- with or without David Rudolf's smoke and Mahers, trial is set for June 19, 2006. The civil proceeding is expected to be an excruciating re-play of the evidence already witnessed in the criminal trial except for one, never-before-seen bit of testimony: Hizzoner won't be able to hide behind 5th amendment privileges.



The mere thought of having Michael "pool lights" Peterson on the stand is a gift that brings a delighted glow -- warm enough to last me the rest of the season.

May the merry dreams of Justice bring Comfort and Joy to all.

"For one thing, if he were ever to write a book in prison, he couldn't make any money from it . . . it shows Kathleen Peterson's life had value, and that people around her really cared about her . . . the judgment would make a statement about how the Durham community celebrates human life and abhors domestic violence."
-- Caitlin Atwater's lawyer,
Jay Trehy about the civil trial











Abuse of Discretion
Kerry Sutton Files

"I ask you to remember that one of the things that makes our country the envy of the world is a criminal justice system whose foundation lies in the premise 'innocent until proven guilty,' I remain confident that the Durham Police Department's diligent investigation will ultimately show that Kathleen Peterson's death was a dreadful accident."
-- Kerry, December 2001

"I'm not on the payroll now. If nothing, I'm a loyal person . . . I had some trouble with people in the courthouse at first, questioning my judgment because I'm Mike Peterson's friend."
-- Kerry, May 2003

"Not a single day passes when I don't think about it."
-- Kerry, October 2004

"The circumstances of these two deaths create striking similarities, but striking similarities alone are not sufficient . . . In this case, the evidence that Mr. Peterson was involved in Ms. Ratliff's death is so thin that its admission . . . was a clear abuse of discretion."
-- Kerry's 2005 brief

D.W.I.
Defending While Intoxicated

October 24, 2005

The North Carolina Academy of Trial Lawyers has submitted a brief signed by Mike Peterson's original attorney and number one admirer, Kerry Sutton, as well as a former Chief Justice of the N.C. Supreme Court.

Press accounts reveal the document, submitted to the state Court of Appeals, endorses Peterson's argument that evidence about Elizabeth Ratliff's 1985 staircase murder disguised as an accident was improperly introduced into his trial about Kathleen Peterson's 2001 staircase murder disguised as an accident.

According to Kerry, the 404B evidence is irrelevant: "It's like saying to you, 'Well, I have evidence you were driving badly six years ago and here you've gotten a ticket. I'd like to throw that evidence in to make you look worse.'"

Such unfortunate statements show why -- very early on -- Kerry was replaced by David Rudolf and asked to maybe . . . donate her services on the side.

Attorney Jay Trehy says the brief lacks credibility because it was signed by Kerry who has been a "blindly loyal" personal friend to Peterson for years. "It cannot be said that this brief has the full support of all academy members," Trehy stated. "As an academy member, I certainly do not support the academy weighing in."

When asked about her obvious bias -- considering her decade of near slavish devotion to Hizzoner bordering on worship -- Kerry insisted she was just an impartial lawyer who happened to file a legal brief. "I don't deny that I am a loyal friend, but I wouldn't jeopardize my integrity by inserting personal opinions into a court matter," she swore. In case that failed to convince, Kerry noted the additional signature of His Honor, retired Justice James G. Exum Jr., "He doesn't know Mike Peterson from Adam."

Oh, that explains it.

Well, I have just one word for Kerry -- and Judge Exum -- and public defender Maher:

STAGER, STAGER, STAGER.

Not that Peterson could be made to look any worse -- but, does Judge Exum know that in 1993, Mike was stopped by police while drunkenly weaving along Chapel Hill Boulevard in his car? He registered an alcohol level of 0.11. Peterson pleaded guilty, and in exchange -- paid some fines, had his license suspended for 30 days, and got the charges reduced to "careless and reckless driving."

Five years later, in an October 9, 1998 column, an outraged Peterson railed about the horrific death of a man killed by a drunken driver and the legal system's handling of the case.

Peterson wrote: "Drunks are on the road, and they're going to kill innocent people and ruin countless lives. The message must be: zero tolerance . . . The lesson? I didn't think we needed one, but apparently we do: Don't drink and drive. DON'T, DON'T, DON'T."

When confronted in 1999 with his hypocrisy and asked why he failed to mention his own record at the time, Peterson said it never occurred to him. "I wasn't writing about myself," he protested.

Don't shoot messenger Herald-Sun August 30, 1999 Editorial Section Perhaps if certain Durham city matters had not been allowed to approach the absurd, they wouldn't appear quite so ridiculous when brought to the public's attention by concerned citizens like mayoral candidate Michael Peterson. Let us not shoot the messenger. For those who say Peterson has no specific plan to make improvements as mayor, I suggest you go back and read a few of his columns from the past several years. There is one recurrent theme that will go a long way toward repairing many of Durham's ills. That theme is accountability. Each citizen, parent, student, city employee and elected official should be held accountable for individual responsibilities and duties. In the case of city employees and officials, whether it's city credit cards, missing water or torched playground equipment, someone is responsible and should be held accountable. The time for personal accountability has come, and I think Durham is going to see a lot more of it when Mike Peterson is elected mayor. K.W. SUTTON

Michael Peterson vs. Time

"The war isn't over"
-- David Rudolf, 10/10/2003

TWO YEARS LATER

October, 2005

Paperwork for Mr. Peterson's all-important appeal was to have been filed by September 12, but defender, Thomas Maher, missed the deadline. Apparently he claimed he needed more time because the case was just too complex.

The State Court of Appeals granted Maher more time, and by pure coincidence, the new filing deadline was set for October 10. Of course, the date has special significance to this case -- October 10, 2003 was the day jurors returned a verdict declaring the novelist guilty of the first degree murder of Kathleen Hunt Atwater Peterson.

Maher's last-minute excuses are lame . . . and suspect. An hour after the verdict, he and a red-faced David Rudolf angrily vowed to launch an appeal. They've had fully two years to prepare. True, the official transcript took a while, but the entire trial was televised, videotaped and committed to film by a French production company.

Considering that their oh-so innocent client has been wasting away in a prison cell all this time, desperately waiting on a decision about his appeal, why would Camp Peterson suddenly claim things were so complex and demand yet more time?

For those who followed the case, nothing about it was complex. In fact, it was horribly plain and simple: Peterson brutally beat his wife to death and left her battered corpse at the bottom of a blood-drenched staircase.

Kathleen Peterson's autopsy revealed a shocking matrix of injuries and wounds, including seven skull-deep lacerations on the back of her head and a neck fracture. As the only person who was with Mrs. Peterson the night she was killed, investigators turned to Mr. Peterson for answers, but other than to say his wife fell down the stairs, Mike had no explanation.

Juror, Paul Harrison didn't find the case to be so very complex. He told reporters, "On the first day when we voted, on one element, it was unanimous. It was not a fall. It was definitely a homicide."

The only thing complicated about Peterson's case was the intricate web of lies he and his defenders created and spent a million dollars trying to maintain. What was complex was the fictional world of blissful soulmates and horrible but purely coincidental twin homicides.

On October 10, 2003, David Rudolf defiantly remarked, "I don't think you can call a guilty verdict anything other than a defeat. But it's not a final defeat."

He was right.

In the two years since, Peterson and his apologists have suffered a series of devastating defeats -- both in and out of court -- most recently when a federal court ruled that Nortel Networks was dead wrong to award the fictional writer $384,000 in Kathleen Peterson's employment benefits.

No decision on the appeal is expected until some time in 2006. Surely Maher knows he'll have no luck appealing testimony about Peterson's male hookers and previous staircase murders, since those issues only came in to refute the defense's case of an ideal couple and an innocent accident. Time will tell. Until then, Hizzoner will remain locked in a small cage at Nash Correctional Institution.

"The benefits of an intruder theory is -- it's simpler. There's no debate over the forensics for the most part. The real problem with the intruder theory is lack of evidence that there was an intruder. An intruder would have to have a weapon with them capable of inflicting these wounds, but not a knife or a gun, and then take that weapon with them."
-- Maher

"We will seek damages awards for two reasons: We don't want anyone to forget that Kathleen Peterson's life had value, and we want to make sure that Peterson will never be able to write about and profit from his wrongdoing."
-- Jay Trehy

In what's being advertised as "a follow-up to
Jean-Xavier de Lestrade's acclaimed eight-part
documentary series The Staircase" on October 25,
the Sundance Channel is airing a
British documentary by Nick Copus about
"what has happened to the film's leading protagonists
since author Michael Peterson was found guilty of murder."

As a follow-up to their follow up, new material has
been added to the documentary debunking website:

Behind The Staircase

Hooker's Lawyer Paying High Price

Thomas Loflin, attorney for Peterson pen-pal and prostitute BRAD, pleaded guilty in September to six counts of willful failure to file North Carolina individual income tax returns for 1998 through 2003. He and wife, Ann Loflin, were sentenced to a 45-day prison term and $1,000 in criminal fines. The prison term was suspended and they were placed on probation for 24 months. Thomas Loflin was ordered to perform 100 hours of community service and must report his sentencing to the N. C. Bar Association.

Dear Kathy:

Courageous Ladies

September, 2005

Trial tracker and victim's rights activist, Kathy Monkman, known around the world wide web as simply, KatieCooLady, has long been a supporter of this site. Along with donating time and money, she has also supplied these pages with insights and inside information.

For years now, Kathy has posted, commented and unofficially reported on Peterson East, Peterson West and many trials in between, often as the single source blogging realtime news from the courthouse to various message boards. She has recently become a regular contributor to Justice Magazine, so now the world has a central place to tap into findings from the supreme court watcher. It's a good thing . . .

Kathy has just published an important article that begins with these words:

"I opened up my email box early this summer to this letter from Ann Christensen, sister of Michael Peterson."

Thank you for your courage, Ann Christensen.

http://www.justicemag.com/daily/item/1186.html

And thank you, KatieCooLady -- or perhaps we should now simply call you, Lady Justice.

"Most of my family, all except for Jack, quit communicating with me after that day. I became an outcast.

The guilty verdict came in on October 10. I was surprised, but realized that despite a million dollar defense, justice was served. If anything, it shows that the justice system really does work. Because a person is rich and white and well-spoken and cultured and intelligent and spends over a million dollars, he doesn't always get off. It is a tribute to the justice system in America."

-- Ann Christensen

"As to the last witness who appeared before you,
this witness has committed perjury and the court
orders you to totally disregard all the testimony
of this witness."
-- Judge Hudson, Sept. 27, 2001

The Total Disregard of Saami Shaibani

Biophysicist, F.B.I. consultant, forensic physics professor and bald-faced liar, Dr. Saami Shaibani, will not be held accountable for padding his already over-stuffed resume while under oath in the Peterson trial.

"Our special prosecutions unit reviewed the entire matter and declined to pursue charges," a Justice spokesman told reporters. "After reviewing all of the information, our attorneys did not think the case would sustain a charge."

"I do not believe we are desecrating her memory."

August, 2005

The following is Clayton Peterson's published letter to Metro Magazine about their tasteless and insipid article -- The Death of Kathleen Peterson: The Owl Theory.

I must say -- I have never read anything so horrifying in my life. Michael Peterson himself couldn't pen such demented fiction. While nothing could possibly be more chilling, there's a related outrage in the news, also from the "Wishful Un-Thinking" department . . .

Maher Files Appeal

Millionaire Mike's taxpayer-funded lawyer, Thomas Maher, recently told WRAL reporters,"I was never convinced he was guilty of what he was convicted of."

I'm sure Maher's clever little linguistic slip-knot pales in comparison to the word aerobics found in his recent court filing. In the papers, Maher apparently points to several major mistakes made by prosecutors in the Peterson trial, and clarifies his intention to appeal -- and have the verdict overturned.

Maher would have better luck with Peterson's appeal if he pointed out his own major mistakes, but be that as it may, a ruling is expected by next spring.

"I've felt from the start that it's just inappropriate for
autopsy photos to be released regardless of whose they are.
I continue to feel that way. I think most people in
North Carolina would feel that way."

-- David Rudolf, 2003

READ PETERSON'S APPEAL

Obituary:
Colonel Eugene I. Peterson

Colonel Eugene I. Peterson died on July 26, 2005. He was born in San Francisco 7 July 1918 to John and Della (Mellander) Peterson, but had been a life time Nevada resident. He was raised in Golconda, NV, where his family owned and operated the Golconda Hot Springs Hotel and adjacent ranches. He returned to San Francisco with his family in 1929, attended grammar school and graduated from Galileo High School. Returning to Reno, he attended and graduated with a B. S. Degree from the University of Nevada in 1940. He was the first University of Nevada athlete to win the tennis championships in the Far Western Conference, Reno City and Nevada.

Drafted into the Army in late 1940, Eugene served until Pearl Harbor, when commissioned a Lieutenant of Infantry. He served through World War II and landed at Utah Beach during the Normandy invasion. In 1945, he was commissioned in the regular Army and served through 1972, retiring as a Colonel. He attended all senior service military schools including the Army War College. His 32 years of active service included 15 years overseas.

As an Infantry Officer through 3 wars, Eugene was awarded three Silver Stars, three Legions of Merit, 2 Purple Hearts, the Bronze Star and many other decorations and commendations. In 1975, he became the Senior Assistant General Manager of Stone Mountain Park, Atlanta, GA, where he served until 1984, when he returned to Reno. He has resided in Reno since and has served as President of the Sierra Nevada Chapter, Retired Officers Association, was a member of the Knights of Columbus, BPOE and several community associations.

Eugene was preceded in death by his wife Eleanor June 20, 2002. He is survived by his sons; Michael Peterson, Durham, NC, William (Suellen Fulstone) Peterson, Reno and John (Lynda) Peterson, Las Vegas, NV, daughter, Ann (John) Christensen, Mill Valley, CA, 10 grandchildren and 2 great grandchildren. Funeral Services will be held at 9:30 am on Monday, August 1, 2005 at Walton Funeral Home, 875 West Second Street in Reno. Interment with full military honors by the United States Army will follow at 11:30 am at Veterans Cemetery in Fernley, NV. Memorial Contributions are suggested to the American Cancer Society, 6490 S. McCarran Blvd., Suite 40, Reno, NV 89509-6125.

SEE FREDA RUN

July, 23, 2005

"I've been thinking about this for a number of weeks since my resignation from the D.A.'s office and I just decided it's the right thing to do," former Assistant District Attorney Freda Black said Friday announcing her candidacy for Durham County District Attorney.

Ms. Black's opponent will be Michael . . . Nifong.

PURE-T-GENIUS

June, 2005

Whoever it was that took Freda Black's parking space should be promptly given his walking papers. Rumor has it -- the loss of that secure parking spot in the courthouse basement prompted Senior Assistant District Attorney Freda Black to resign after 14 years.

That's not surprising. The woman is a genius, and therefore a flight risk. Freda Black is simply not to be toyed with.

The loss of so superior a legal personality in the Durham DA's office is huge and everyone in George Bush's America should know it. There is no other attorney who can compare to Freda Black.

To quote her is to love her.

"And you need to keep in mind, we're not dealing with the average individual over here. We're dealing with a fictional writer. Some people even say he's a good fictional writer. He is a person who knows how to create a fictional plot -- and in this case, he has tried to create one. He tried to sell it to the EMS workers… didn't work -- not ultimately -- he tried to sell it to the firemen, he tried to sell it to Corporal McDowell, to Connie Mack Bullock, to Pascal, to Art Holland. He tried to sell it to his family… and in this courtroom, he's tried to sell it to you -- a fictional plot."

It just doesn't get any better than that. You can search high and low but you will not find a finer prosecutor than Freda Black -- anywhere.

Mike "Pool Lights" Peterson had calculated the tough time he'd get from detractors down at the Durham police station, but obviously, he never counted on attorney Black's ferocious frontal attack. As the perfect, no-nonsense antidote to Peterson's poisonous fiction, she was beyond Hizzoner's worst nightmare.

"Michael says that Kathleen is his soulmate. His lawyer told you that, yesterday. Did he honor her? Did he keep her? Did he forsake all others? And was he faithful only unto her? You all know the answers to those questions. The answer to every one of those questions -- is no."

Over at the Durham law offices of Clayton, Myrick, McClanahan and Coulter there's a parking space with Freda Black's name on it. But nothing about that sad fact prevents Freda from running for the office of District Attorney down the road.

"If you had a piece of junk like this in your house wouldn't you just throw it away? Granted, apparently that garage was filthy, but wouldn't you just throw it away? We don't really know what this is. You've been given no information about who found it -- it surely wasn't the photographer -- when it was found -- why it was there? . . . So I argue to you that defense exhibit 280A is just a piece of nothing"

"Obviously she's been of great benefit
to the office for a great period of time.
I can't say I'm terribly surprised."
-- Michael Nifong,
unsurprised interim replacement for former DA Hardin

Along with Jim Hardin, another Triangle prosecutor, Orange-Chatham DA Carl Fox, also ascended to a judgeship.

The Smoking Son

Low Down on High-Profile Attorney's Son

Police log
April 04, 2005

A 17-year-old East Chapel Hill High School student was arrested at 5 p.m. Friday and charged with possession of marijuana and drug paraphernalia, Chapel Hill police reports state. According to reports, Aaron Lucas Roskin Rudolf, of 209 Old Franklin Grove, was stopped for driving a four-wheel vehicle on an OWASA sewer right-of-way on Pinehurst Drive near Burning Tree Drive.

Officers smelled a strong odor of marijuana in the car, and Rudolf admitted to smoking the substance earlier that day, reports state. A search of the car revealed four partially burned marijuana cigarettes in the ashtray and a brown bottle used to store the drug, reports state.

A passenger in the car, 17-year-old Ashley Richards, was cited for marijuana possession after two partially burned marijuana cigarettes were found in her purse.

Rudolf was taken to Orange County Jail to be released to a responsible adult. He is scheduled to appear April 25 in Orange County District Criminal Court in Hillsborough.

All Rise for the Honorable
Judge Jim Hardin!

In April of 2005, North Carolina Governor Mike Easley's office announced that Jim Hardin would become a Superior Court judge.

People in North Carolina and all over the country applauded news of Jim Hardin's ascent. Mr. Hardin -- who currently serves as Acting Staff Judge Advocate for the 108th Division of the United States Army Reserve, holding the rank of Lt. Colonel -- has honored us all.

Mike Easley announced: "Jim Hardin's nearly two decades as a prosecutor has prepared him to accept the responsibilities of a Special Superior Court Judge. I am confident that he will bring the same commitment and dedication that was displayed during his 11-year tenure as District Attorney to this judgeship."

"In America, justice is very, very expensive."
-- indigent millionaire, Michael Peterson





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