| 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. HOME INDEX LACI SCOTT ALIBI-WITNESS LIST WIRETAPS AUTOPSY ATTORNEYS CEMENT INDEX DUCT TAPE |
| 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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