Judge Denies Elizabeth Wesson's Request

ABC Local KFSN-TV Fresno/February 2, 2006

February 2, 2006 - A judge has denied a request by the wife of Marcus Wesson to give back hundreds of items seized from the family's home in Central Fresno.

There is an automatic appeal on the way for Marcus Wesson, and some of that evidence could come back into play. But even now, the battle to get the items returned isn't over.

"Imagine if somebody came to your house, took everything you owned and basically sat it in a locker somewhere and said, 'you can't ever have this back,'" said Elizabeth Wesson's attorney Douglas Foster.

Foster says some of the things she wants back include books, videotapes, DVDs and photo albums. Wesson also wants the court to give back a bus, but Foster says it's not the huge yellow school bus seen in front of the family's home after the murders in 2004.

Yet after a short hearing, the judge denied Wesson's motion. He said the request was not specific enough and Elizabeth Wesson has not proven she's the true owner of all the items.

"We understand why in these kinds of cases-death penalty cases-the judge wants to be cautious about releasing evidence," said Foster.

Some of that evidence could get a second look as Marcus Wesson appeals his conviction and death sentence.

But Foster says Elizabeth Wesson needs some of the property back for financial reasons. "She's not a rich woman," he said. "Some she could sell and make some money out of, and some that have some family value, sentimental value."

While she tries to avoid the spotlight, Foster says he and his client will come back to court and try again. "She's doing as well as can be expected. She doesn't like all the attention on her, obviously, and she wants to put this to bed and go about living the rest of her life.

On another matter, the judge did grant a request to unseal the testimony of two doctors who were expert witnesses for the prosecution. A man who's writing a book on the case wants the information released because he says it could provide more insight into Marcus Wesson's state of mind.