Peyer Defense Seeks More Evidence From Prosecutors : Also Wants to Close the Hearing in Case of Strangled Student

An attorney for Craig Peyer, the California Highway Patrol Officer accused of murdering college student Cara Knott, argued Thursday that prosecutors are withholding evidence from the defense and asked a Municipal Court judge to exclude the press and public from Peyer’s preliminary hearing.

Knott’s parents, brother and two sisters sat in the courtroom during the hearing, across the aisle from Peyer, 36, and his wife, Karen.

Diane Campbell, representing Peyer, filed two motions last month with Judge Frederic L. Link, asking him to order the prosecution to turn over additional evidence to the defense and close the preliminary hearing to ensure Peyer a fair trial. Link heard oral arguments in the matter Thursday.

An irritated Deputy Dist. Atty. Thomas McArdle said prosecutors had already provided the defense with virtually all of the information and evidence in its possession, as required by law, and snapped that “we’re not going to play errand boy for the defense.”

McArdle and fellow prosecutor Joseph van Orshoven argued that, if Campbell wanted any more information about prosecution witnesses, the defense would have to hire investigators.

Campbell acknowledged that prosecutors “have had an open-file policy” but suggested that they have purposely processed evidence slowly to hamper the defense. She specifically mentioned that prosecutors have failed to provide her with lab reports and copies of physical evidence so they can be analyzed by defense investigators.

“The type of evidence we need to prepare for a preliminary hearing has not been provided,” Campbell said. “We’re only asking for information sufficient to put on a thorough preliminary hearing.”

Link agreed with prosecutors that Campbell’s request for additional information “was a little bit broad,” but he agreed to consider her request. Link especially expressed concern about Campbell’s request for extensive information about prosecution witnesses and informants in the case.

He also questioned Campbell about her request for all police records relating to police stops by law enforcement officials “within three miles of the Mercy Road off-ramp of Interstate 15 from Nov. 1, 1986, through the present.”

Campbell’s latter request asks for information about police stops that occurred almost two months before Knott’s death.

Link asked whether the defense wanted the Sheriff’s Department, San Diego police and the CHP “to do a dragnet from Nov. 1 until now?”

McArdle argued that Campbell failed to show good cause in demanding the information.

“I think the stuff you want is worthless, and I’m not going to waste my time looking for it,” McArdle said.

McArdle had said earlier that information provided by witnesses is enough to prove that Peyer killed Knott. “You add up these little bits until you surround Mr. Peyer with circumstantial evidence.”

Peyer, a 13-year CHP veteran, was arrested Jan. 15 and charged with murder in the strangluation of Knott, 20, after pulling her over the night of Dec. 27 near an isolated Interstate 15 off-ramp. Her body was thrown off a 75-foot-high bridge. Peyer is free on $1 million bail.

Link also began hearing defense arguments for a closed preliminary hearing. In an attempt to show that the case has already been subjected to widespread publicity, Campbell spent the afternoon show videotapes of television news reports about the slaying that she had subpoenaed from various stations.

Attorney Marilyn Huff, who represented the San Diego Union and Tribune, urged Link not to close the hearing so “people not attending the proceedings can have confidence that standards of fairness are being followed.”

Huff noted that Peyer’s attorneys have complained that some erroneous information has been leaked. Keeping the hearing open will ensure that the media will report factual information about the case, Huff argued.

“There is nothing inherently prejudicial about publicity. . . . There is a flaw (in the defense argument) that publicity equates to prejudice,” Huff said.

Link will continue to hear Campbell’s argument for a closed hearing today and will rule on the defense motions by next Friday.