Judge Girolami facing a busy day
July 8, 2003


With prosecutors under fire over wiretaps,  Judge Girolami is scheduled to
consider what to do with up to 176 recently discovered wiretap recordings
made while authorities intercepted
Scott Peterson's calls.

A technical expert stumbled upon the recordings June 13 while examining the computerized
system used during two wiretaps on Peterson's phone, according to court documents.
He said the problem stemmed from a "peculiarity" in wireless technology.


Authorities secured the first wiretap for the fertilizer salesman's  phone 17 days
after his pregnant wife, Laci, was  reported missing on Christmas Eve.


The new calls could contain "off-hook dead air" or "pertinent, nonpertinent
and privileged information," according to documents filed by the prosecution.


Prior to the discovery, defense attorneys indicated they would seek sanctions
against prosecutors because investigators intercepted 71 other calls between
Peterson and his defense team and listened to parts of three of them.


During the  hearing, Judge Al Girolami also is slated to consider requests from
22 journalists -- including four from The Bee -- to
review their calls intercepted during
the wiretaps. Girolami earlier had ruled against journalists who had sought to
keep the recordings from either the defense or prosecution.


In addition, Girolami is scheduled to hear arguments about turning over a
San Francisco police file on the unsolved death of a pregnant woman whose
body was found in July along the waterfront in San Francisco.


Defense attorneys subpoenaed the file May 30, saying it contains information
that "directly relates to identifying the actual perpetrators in the abduction
and killing of
Laci Peterson and her unborn son."

San Francisco police so far have refused to provide it to the defense, citing the
ongoing investigation into the death of
Evelyn Hernandez, a 24-year-old
single mother who disappeared in May 2002. Like Hernandez, Laci Peterson
was about eight months pregnant when she was reported missing.


According to defense documents, prosecutors also have requested the file, and San Francisco
police provided information about the case to Modesto investigators in January.


San Francisco police maintain there is no connection between the cases,
according to documents filed urging Girolami to toss out the subpoena.


"I do not believe that there is any information in the file that could link the death of Ms. Hernandez
with the death of Laci Peterson," San Francisco police investigator Holly Pera wrote in an affidavit.


Girolami also is slated to discuss on Wednesday the status of eight sealed search warrants served
in the case. A separate superior court judge, Roger M. Beauchesne, ruled last month in a civil
case brought by newspapers, including The Bee, that the warrants should be made public today.


But the defense appealed the matter to the 5th District Court of Appeal in Fresno.

In papers filed in Fresno on Monday, both defense and prosecution attorneys urged that court
to throw out Beauchesne's ruling and have the case transferred to Girolami, who has
sealed numerous documents in the criminal case and handed down a gag order.


COURT RESULTS OF JULY 9, 2003

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