Peyer’s Attorney May Seek Venue Change

The attorney for California Highway Patrol Officer Craig Alan Peyer, who is accused of murdering a San Diego State University student, said Wednesday that extensive pretrial publicity will make it necessary for his client to be tried in another county to ensure a fair trial.

Defense attorney Robert L. Grimes made the comment outside the courtroom after Peyer pleaded not guilty to a charge of murdering Cara Evelyn Knott, 20.

“It seems that a change of venue will be necessary in this case because of the publicity. . . . The odds are against us in getting a fair trial in this county,” Grimes said. But he added that “it would be difficult wherever we try this case” because the killing and Peyer’s arrest have been widely publicized throughout the state.

Grimes said he hopes that a venue change will not be necessary, but he doubts that Peyer can be tried before an impartial jury in San Diego County.

Municipal Court Judge Herbert J. Exarhos scheduled a preliminary hearing Feb. 24 for Peyer. If Peyer is bound over for trial after the hearing, it is expected that Grimes will argue for a change of venue then.

Meanwhile, Exarhos, citing the serious nature of the charge against Peyer, 36, turned down a defense request to release him on $100,000 bail and ordered him held on $500,000 bail. Peyer will return to court Tuesday for a bail review hearing.

Exarhos also granted a defense motion to keep secret a 50-page declaration signed by a homicide investigator to justify Peyer’s arrest.

Peyer, a 13-year Highway Patrol veteran described by CHP officials as having “a clean record,” is the second CHP officer ever charged with committing murder while on duty. Knott was strangled and her body thrown off a bridge into a creekbed off Interstate 15 on the night of Dec. 27. Her body was found by a relative the next morning after an all-night search by family members.

Grimes was appointed to defend Peyer after Exarhos found that the officer’s limited assets made him eligible for court-appointed counsel. Attorney John Phillips also appeared on Peyer’s behalf and told Exarhos that Peyer’s family is unable to raise the necessary funds for an adequate defense.

Phillips argued that Peyer’s “exemplary record” as a CHP officer made him eligible for release on $100,000 bail. Furthermore, he said that Peyer deserved a low bail because he did not flee, even though he was aware early in the case that he was a prime suspect in Knott’s killing. Peyer knew he was going to be arrested at least eight hours before police arrived at his house but did not attempt to evade arrest, Phillips said.

Phillips painted a picture of naivete by Peyer, who volunteered to talk to police investigators without exercising his right to consult an attorney first. According to Phillips, San Diego police homicide investigators contacted Peyer several times, and he voluntarily went to San Diego police headquarters “on several occasions” for questioning.

“During this period of time, Craig never asked for an attorney,” said Phillips. He said that Peyer did not contact him until Jan. 12, seven days after homicide investigators told Peyer that he was a suspect and four days after CHP officials put him on administrative leave.

Peyer contacted him only after “friends told him that if he was a suspect he should hire an attorney,” Phillips said.

The warrant for Peyer’s arrest was supported by a 50-page declaration signed by homicide investigator Paul Olson. Exarhos granted a defense request to keep the document sealed, although Deputy Dist. Atty. Joseph Van Orshoven said that prosecutors would not object if it were made public.

“We ask that the affidavit remain sealed,” Grimes said. “On the one hand, the affidavit would demonstrate that the so-called facts that have been leaked to the press are not supported by evidence. And on the other hand, it contains speculation that is misleading. . . . Some statements represented (to the media) as facts in this case are simply not true.”

In ordering the document sealed, Exarhos said it contains “largely hearsay statements” by Olson and several “theories and conclusions” by Olson that would not be admissible as evidence at a trial.

Peyer, who wore a blue jail uniform at his first hearing last week, was dressed Wednesday in a cream-colored civilian shirt and tan slacks. Unlike last week, when he appeared somber and unshaven, Peyer was smiling and shaven at Wednesday’s arraignment. He answered “Yes, Your Honor,” when Exarhos asked him if he waived his right to have a bail review hearing within five days.

Outside the courtroom, Karen Peyer told reporters that she was very proud of her husband and expressed faith in his innocence.

“I’m very proud of him. . . . God willing, through the court system he will be vindicated,” she said.

Peyer’s father, Harold Peyer, said that he, too, expects that his son will be vindicated.