A judge postponed the start of Scott Peterson's defense for a week
today, saying lawyers needed to resolve unspecified problems
before the double-murder defendant can begin calling witnesses.


"I regret having to do this. I was here all ready to go, but things like this happen,"
Judge Alfred Delucchi told
jurors after a half-hour private meeting
with attorneys in chambers. He ordered the jury to return Oct. 18.


Delucchi did not specify the reason for the delay, and lawyers, who are covered by a
gag order, declined comment. Legal observers, however, said the timing led them to
believe that the judge moved the start of Peterson's case back to allow prosecutors
a chance to prepare for last-minute additions to the defense witness list.


At least one witness, concrete expert Steven Gebler, was in the court
gallery prepared to take the stand for Peterson when Delucchi made
his announcement. The judge told him to return next week as well.


"I think there were some discovery issues on the first witness," Dean Johnson,
a defense attorney and former San Mateo County prosecutor, said.


Gebler, a senior principal engineer for the Illinois-based Construction Technology
Laboratories, will likely rebut a prosecution expert who testified that Peterson made
at least one cement weight that is now unaccounted for. Prosecutors claim Peterson
used weights to sink the body of his wife, Laci, to the bottom of San Francisco Bay.


"The prosecution apparently wasn't told he was coming and
wasn't prepared to cross-examine him
," said Johnson.

Under California law, both sides are required to tell the opposition which witnesses
they intend to call 30 days before the trial begins. In practice, however, it rarely works
that way. Delays during a defense case are common because lawyers cannot
firm up witness lists until they see the evidence prosecutors present.


"The defense, unlike the prosecution, isn't done picking its witnesses when opening
statements begin
," Gail Shifman, a San Francisco criminal defense attorney, said.

If Gebler prepared a report for the defense, he would be required to
share it with prosecutors, who would have their own expert review it.


Peterson showed no reaction as Delucchi announced the delay. Dressed in a blue shirt
and green tie, he smiled at his parents as he was led out of court. In anticipation of the
start of his defense, the courtroom was packed with supporters, including his parents
and sister-in-law. Laci Peterson's mother, stepfather and aunt were also on hand.


When Delucchi informed panelists of yet another delay in the trial, one
juror rolled her eyes and several others shook their heads and smiled.


The judge told the jury that, when they return, they will hear two more weeks of testimony
before closing arguments, which he tentatively scheduled for Nov. 1 and 2. Panelists
would begin deliberating Nov. 3, a little over five months after the trial started.


The schedule aligns the climax of the trial with another contest
receiving massive media attention: the presidential election.


"It's going to be the biggest day in Las Vegas history," Johnson said.

Peterson, 31, faces the death penalty if convicted of killing his pregnant wife
and their unborn son. Prosecutors wrapped their 19-week,
174-witness case Oct. 5.


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TRIAL POSTPONED........AGAIN!
October 12, 2004
LACI & CONNER
"My heart goes out to Laci's family and friends.
I still shed tears when I think of this beautiful girl and her baby gone"

MARY * OHIO * GUESTBOOK
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