| GPS stays in February 18, 2004 Evidence from satellite tracking devices covertly placed on Scott Peterson's vehicles will be allowed at his trial on double-murder charges, a judge ruled Tuesday. But testimony from a hypnotized prosecution witness will not, Judge Alfred Delucchi also ruled in San Mateo County Superior Court, handing a victory to the defense as well. It was unclear Tuesday how much the decision to allow evidence from global positioning system devices will help the prosecution. GPS technology — used in everything from auto navigation systems and missile guidance to plowing fields and tracking animals — passed muster to be allowed in court, Delucchi ruled. "I think the generic methodology is generally accepted and fundamentally valid," Delucchi said. His decision marked the first documented California case where GPS data will be allowed as evidence. But the judge noted that defense attorney Mark Geragos raised questions about whether the devices were used properly, issues the jury will get to weigh.The defense had sought to bar tracking evidence, saying the technology is unreliable and the devices malfunctioned. Geragos spent much of Tuesday hammering Hugh Roddis, an engineer and president of Orion Electronics Ltd. The Canadian company provided tracking devices to the Modesto Police Department. Roddis, a slight, balding man with glasses and a soft British accent, seemed flustered at times when questioned about a series of glitches that resulted in bizarre readings. At one point, he repeatedly rubbed his hands through the tufts of hair on the side of his head in apparent frustration. The data largely was accurate, Roddis said, despite technical errors that included showing a vehicle moving at 19,442 mph and another in which separate components in the device simultaneously recorded no motion and a vehicle moving at 24 mph. Geragos asked him why the Federal Aviation Administration has looked at using GPS technology for landing commercial aircraft since 1997 but has yet to approve it. Roddis responded that it is a complex and lengthy process to change a system. "You don't want to crash a plane by accident," Roddis said. "Well, you don't want to kill somebody by accident either," Geragos replied. "Yes, but I don't see how that's ," Roddis said. "This is a death penalty case," Geragos shot back, drawing a swift objection from prosecutor Rick Distaso. The judge directed Distaso to disclose the location of the devices, placed in at least three vehicles that Peterson used.That information, Delucchi ruled, had to be provided to the defense, which has attempted to show that satellite antennas were improperly placed, affecting the devices' accuracy. But Delucchi indicated he would allow prosecutors to reveal the locations only to himself and the defense. Authorities say they do not want criminals to discover investigative techniques. AT A GLANCE * GPS -Authorities secretly placed devices on Scott Peterson's vehicles to keep track of their main suspect before his arrest in April. -Prosecutors: Want to show Peterson's movements, including trips to the Bay Area, where the bodies of his pregnant wife and unborn son were recovered, and to Fresno, where his girlfriend lived. -Defense attorneys: Hoped to keep the evidence out of Peterson's trial. -At issue: Whether global positioning systems technology is reliable enough to use in criminal cases. A special hearing was needed because the technology, though widespread, had not been accepted in California courts. -How it works: GPS devices rely on signals from satellites to measure distances from known objects to receivers such as those placed on Peterson's vehicles. Experts say location can be determined to within about a yard. -Outcome: Judge Alfred Delucchi agreed with prosecutors that GPS technology is commonplace and reliable. Whether Modesto police used tracking devices correctly will be left to jurors to decide. HOME INDEX LACI EVIDENCE-NEWS |
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