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Scott Peterson Motions Hearing Wednesday

Bump and Update: The Judge ruled for Geragos and ordered the DA's to return Peterson's truck and $15,000 that had been seized from him. The gag order stays in place. Trial date has been set for January 26. A change of venue motion is in the works.

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12/2 9:40 pm

Cable news networks will head back to Modesto Wednesday for the latest in the saga of Scott Peterson, accused of killing his pregnant wife, Laci. Peterson will plead not guilty to the charges, and several motions will be heard.

The most salacious of the motions promises to be the state's argument as to why Scott Peterson's pickup truck should not be returned to him. The DA will argue that Scott's blood is inside it. From this, and some cement-like material found in the bed of the truck, they deduce that Scott killed Laci in the house, cut his hand during the killing, put her body in the truck, drove it to his warehouse where he weighed the body down with cement anchors, then drove the body to and dumped it in the bay.

If it were Laci's blood in the truck, we might be more impressed. Combined with the paucity of physical evidence adduced so far, and the state's failure to produce a murder weapon, crime scene or cause of death, we say this adds up to zip.

In other case news, Amber Frey is pregnant and Scott is not the father. The lucky guy is Amber's former boss - a 43 year old chiropractor.

Attorney Mark Geragos made news on his own today when a federal judge in Rhode Island ruled in his favor and against the S.E.C. in a fee dispute involving one of Geragos' clients. The S.E.C. had tried to have Geragos held in contempt of court for violating a freeze order because he accepted fees in the form of a credit card advance.

U.S. District Judge Mary M. Lisi agreed, writing in her decision: "A credit card does not fit within the definition of an asset because it is something used to obtain items of value, rather than having any intrinsic value of its own."

Geragos said, "One would have hoped the SEC knew the difference between an asset and a debit." Also, SEC officials in an unrelated Texas case acknowledged a distinction between credit cards and other assets -- suggesting they should have known better than to go after Geragos, Lisi wrote.

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