After having seen The Staircase, the gripping documentary television series about the Michael Peterson murder, I had a few questions–mostly along the lines of “how could they have possibly found this man guilty?” Then, I did some research online and learned that The Staircase is generally understood as a very biased perspective of the trial, possibly because the filmmakers were only given access to the defense, but also because they slanted the coverage that way.
So I decided to seek out a more balanced account of the trial. I got Written in Blood by Dianne Fanning. Fanning’s book was associated with Capote’s In Cold Blood, a gripping novelization of the trial, because they were nominated for the same award. Alas, while Capote sought a sense of the entire event, including trying to understand the actions and motives of the killers, Fanning wrote a less even-handed work. If The Staircase slanted toward the defense and suffered from a dearth of input from the prosecution and its sympathizers, Written in Blood slanted the other direction, offering only the prosecution’s perspective. A few thoughts:
* My first thought about the book was to feel pretty duped by The Staircase. Fanning describes a number of incontrovertible facts that should have been included in The Staircase. Bloody footprints that had been cleaned up were discovered with luminol after the fact. Kathleen’s blood was so dry the medical personnel didn’t get any on their uniforms. Todd Peterson kept violating police instructions to remain silent and off the phone. Somebody went online that first night and deleted a bunch of stuff from Peterson’s computer. The Staircase told us that the police found stuff on the computer, but they left out the fact that it had been deleted after Kathleen’s death. These deceptions by omission make the whole documentary suspect.
* At the same time, Fanning’s writing seethes with hatred for Peterson and his family. Instead of presenting the trial and facts on their own merits, she infuses her writing with caustic remarks about the defense team’s facial expressions and looks during the trial. I wonder if she got an extra dollar each time she used the word smirk.
* She also slants events in a very biased way. In particular, there are moments of the trial, featured in The Staircase, that Fanning paints in the most positive light possible. For instance, at one point prosecuting attorney Hardin tries to make hay with an expert witness who had written “Keep up the good work” in the inscription he’d written when giving his book to a prosecution expert. The expert protested that courtesy dictated he say something nice in the inscription, and that it wasn’t an endorsement of the officer as a forensic expert. Fanning ignores this reasonable explanation to suggest that Hardin had won the exchange. The visual record in The Staircase makes it quite clear that he did not.
* The most blatant example of Fanning’s slanted writing came when the D.A. called forth an expert witness who used false credentials. Rudolf produced a letter from the physics department chair of Temple University because this guy kept passing himself off as being affiliated with the university, when in fact he was not affiliated in any way. Fanning writes:
Then [Judge:] Hudson struck the testimony of Dr. Saami Shaibani, telling the jury that the witness had perjured himself in relating his credentials to the court. With that, the court day ended. Many jurors were frustrated, and uncomfortable as well. The public flaying of the witness by Rudolf was a distasteful sight to see. They found the testimony of Dr. Shaibani to be full of common sense and practical information that they could readily understand. They had wanted to consider it in their deliberations. Now they could not.
Investigator Art Holland bore the onerous chore of taking Dr. Shaibani to the airport. Holland was not convinced that Shaibani had perjured himself. None of it made sense. What he did see with clarity was a man destroyed, a career ruined. He wondered if this destruction was justified or Dr. Shaibani was just another victim of Michael Peterson. (353)
What? Rather than express some outrage or indignation or surprise that the prosecution had produced an expert witness–a person whose entire reason for being in court comes from their credentials–who had no credentials, she suggests that Rudolf was wrong to attack the man. She also does not follow up on the story or fact with the chair of the department.
* I thought Fanning did raise a good point in mentioning the fact that Rudolf did not introduce any testimony about where the alternate blowpoke was found. As a juror, I would have had to wonder about where that came from.
* To be fair, Fanning did include a huge amount of information — far more than The Staircase did. The volume of facts included in the early sections of the book are by far the most useful. As the book goes on and Fanning’s own opinion slants the presentation of events more and more, it becomes less satisfying.
So in the end, I’m still pretty unsatisfied. I tend to think that Peterson did kill Kathleen, but probably in a fit of rage after a fight. I also think the prosecution won by playing on the conservative attitudes of the jury, rather than the facts of the murder. Despite Fanning’s disdain for the attacks on the crime scene preservation, the lack of skull fractures on Kathleen, and the revelation of the blow poke, Rudolf did raise many points that cast serious doubts on the prosecution’s case. I wish the book had been more even handed, with less editorializing in descriptions of peoples’ actions.