| Wed, Jul. 09, 2003 Judge denies Scott Peterson access to San Francisco files Scott Peterson's lawyers will not be able to view investigation files in an unsolved San Francisco murder case with similarities to the killing of Laci Peterson, a judge ruled Wednesday. Scott's lawyers wanted to know more about the killing of Evelyn Hernandez, a pregnant woman whose body was found in San Francisco Bay, in their attempt to find what they call the "real killers" of Laci Peterson. Stanislaus County Superior Court Judge Al Girolami ordered San Francisco authorities to give the autopsy report and photos to defense lawyer Mark Geragos, but nothing else. In denying release of the investigation files, Girolami said the connection between the cases was highly speculative and said the Hernandez investigation could be harmed if the contents were revealed. Hernandez, a 24-year-old single mother, disappeared in May last year with her 5-year-old son, Alex. Her torso was found on the San Francisco side of the bay on July 24 last year but the boy has never been found. Her killing received little attention in the news until her family complained about the flood of coverage in the Peterson case as the Hernandez investigation languished. San Francisco police said the two cases had no connection and that turning over confidential files to Scott's lawyer could jeopardize the case by revealing witnesses and evidence. Deputy San Francisco City Attorney Margaret Baumgartner, who fought release of the investigation files, said the Hernandez autopsy report was made public in April. She said the Hernandez family will have 10 days to appeal release of dozens of autopsy photos to Geragos. In other matters, the judge allowed prosecutors to listen to newly discovered wiretapped telephone calls made to Peterson earlier this year. The investigator who tapped Peterson's phone said he discovered 176 new calls last month that were recorded on a computer without his knowledge. He said the calls were discovered by an expert from the software company that designed the wiretap system. Geragos was able to listen to the calls to determine if any were recorded in violation of lawyer-client protections. A 29-second call between Peterson and lawyer Kirk McAllister will be deleted before prosecutors get the recordings. The defense is trying to prevent wiretap evidence from being used against Peterson and has charged prosecutors with misconduct for eavesdropping on calls between McAllister and Peterson. Geragos said most of the 175 other calls, which are in addition to 3,858 other calls that police monitored on Peterson's phones, were from reporters. "I've listened to as many of the media calls as I could stomach," he said, adding if he were among reporters who had been caught on the wiretaps, "I'd be fighting tooth and nail to keep them under protective order." Girolami said any reporters who were wiretapped talking to Peterson or leaving him a message would be able to listen to those calls later this month under a provision in the state's wiretap law. Geragos described the calls as embarrassing. An investigation by Peterson's lawyers has led them to seek links to a satanic cult, body parts found in Davis and a murder in Las Vegas. Police have criticized the attempt to connect the case with others and they claim the killer is behind bars in Modesto. The Hernandez case has some parallels with Peterson's killing because both women were due to deliver sons, their bodies were found in the bay and the fathers-to-be have been considered the primary suspects. No arrest has been made in the Hernandez case. --- HOME INDEX EVELYN HERNANDEZ LARRY KING LIVE -TRANSCRIPT WIRETAP INDEX TRIAL NEWS DEFENSE TEAM PROSECUTION SCOTT LACI |
| LACI & CONNER PRAY FOR JUSTICE |
 |
 |