Talk About Peyer Trial Evidence Is Off-Limits

Municipal Court Judge Frederic L. Link on Friday ordered both sides in the murder trial of California Highway Patrol Officer Craig Peyer not to discuss evidence in the case with the press and rescheduled a preliminary hearing for April 27.

Peyer, a 13-year CHP veteran, was arrested Jan. 15 and charged with murder in the strangulation of Cara Evelyn Knott, 20, after pulling her over the night of Dec. 27 near an isolated Interstate 15 off-ramp. Knott’s body was thrown from a 75-foot-high bridge into a dry creek bed, where it was found the next morning. Peyer, 36, is free on $1-million bail.

Link, who will preside at the preliminary hearing, insisted that this is not a gag order. According to Link, the only limitation on both sides is that they not discuss the evidence in the case. A gag order prohibits them from dicussing the case at all, even in the most general terms.

Sealed Affidavit

Link said that in addition to expressing concern about leaks, both sides are worried about the number of judges who have read a 50-page affidavit that lists evidence in the case and which has been ordered sealed.

Since Peyer’s arrest, at least three judges have read the secret affidavit, which was filed by homicide investigators in support of an arrest warrant. Link said that the affidavit contains information that “both sides agree shouldn’t be there.”

“When I got the case, both sides were complaining about evidence getting to the judges,” said Link. “So, I sealed all the arrest information, and I haven’t read it. . . . When I sealed it, I told them we’re starting over. ‘If that’s what you’re worried about, I don’t want either one of you talking about the evidence until the preliminary hearing.’ ”

Making It Official

Link said that he delivered those instructions to both sides during a meeting in chambers. Since that meeting, Link said that Peyer’s wife, Karen, district attorney spokesman Steve Casey and defense attorney Diane Campbell have discussed the case with the press, and he is worried about the possibility that some evidence may be compromised in future interviews.

His ruling on Friday, Link said, only made the previous instructions official.

“Now, I’ve put it on the record, ruling from the bench . . . ,” he said.

On Friday, Link also continued until April 15 a hearing for a defense motion to close the preliminary hearing to the press and public. He began hearing oral arguments by Campbell on Thursday, but postponed the hearing in order to give television station KGTV Channel 10 time to submit videotapes relating to the case. Campbell asked for the tapes to prove that Peyer’s arrest has been the subject of widespread publicity.

The defense is using the tapes, including others obtained from KFMB-TV Channel 8 and KCST-TV Channel 39, to convince Link that Peyer’s arrest has received extensive pretrial publicity and a secret preliminary hearing is necessary to ensure a fair trial if he is bound over for trial. Link watched the KFMB and KCST tapes on Friday.