Prosecutors in Scott Peterson's trial rush to find students who faked data Wed Jan 14, 4:57 PM ET By HARRIET RYAN, Court TV MODESTO, Calif. (Court TV) — Prosecutors in the Scott Peterson case have issued a subpoena for a professor's computer, class roster and other records in a mad-dash effort to identify college students who fabricated data in a survey used in court.A judge cited the study in his decision last Thursday to move the Peterson's double-murder trial to another county.Deputy District Attorney Dave Harris said during a court hearing Wednesday that his office is racing to get sworn statements from the students before Jan. 20, when the judge is expected to select the new site for the capital trial.Prosecutors, who bitterly opposed moving the trial from Modesto, presumably will ask Superior Court Judge Al Girolami to reconsider his decision in light of the flawed survey. The students' poll indicated 70 percent of Stanislaus County residents had already made up their mind about Peterson's guilt, a significantly higher percentage than in other areas of the state.The phony results were first reported in the Modesto Bee. Nine of the 65 students gave interviews to the paper on the condition of anonymity, saying they made up data for a 10-county telephone poll because they were busy studying for finals and could not afford the cost of the long-distance calls.The criminal justice professor who supervised the study, Stephen Schoenthaler of California State University Stanislaus, attended Wednesday's hearing and said through a lawyer that he would not hand over the material until ordered by Girolami to do so.Schoenthaler's lawyer, Ernie Spokes, said the professor was hesitant to submit the raw data and other information because he was wary of violating state educational code concerning student privacy. He also said the professor was awaiting results of the university's internal investigation."He is devastated," Spokes said, adding that the professor was stunned that his criminal justice students — aspiring to careers in law enforcement — would lie in a class project.Spokes said Schoenthaler was trying to determine how many of the 1,175 people targeted for the poll the students actually called. "He's called some of them, he's still in the process."Schoenthaler was ordered to return to court Jan. 20. On that date, lawyers and the judge are scheduled to choose between four courthouses approved by the state Administrative Office of the Courts as appropriate venue changes. They are San Mateo, Santa Clara, Alameda and Orange counties.The flap over the phony survey overshadowed a judge's refusal Wednesday to dismiss charges against Peterson. Defense lawyers had asked a second judge to review Girolami's November ruling that there was enough evidence to hold the 31-year-old for trial in the killing of his wife, Laci, and unborn child.