| 'Potential development' delays defense questioning of Amber Wednesday, August 18, 2004 A judge delayed Scott Peterson's murder trial until Monday, citing "a potential development in the case that has to be checked out." Although Judge Alfred Delucchi did not reveal what the new information is, it apparently relates to the testimony of Peterson's mistress, Amber Frey, whose hotly anticipated cross-examination was to begin Wednesday morning. The judge pushed back her cross-examination until Monday morning and initially said the trial would continue Thursday with three other witnesses taking the stand. But several hours later, a court official said there had been a change and court was cancelled entirely Thursday. The official offered no explanation. The trio of witnesses who were to testify included a phone company employee, who was to explain how cellphone towers were used to track Peterson's location, and prosecution investigator Steven Jacobson, who oversaw wiretaps of his phones. Delucchi, who was forced to delay the trial for two days earlier this month because of newly discovered evidence, appeared exasperated as he sent jurors home at 10 a.m. Wednesday. "I've done everything I can do to try to prevent delays, but because of the nature of the case stuff like this happens and there's really nothing I can do about it," said the veteran judge, who came out of retirement to preside over what was estimated to be a six-month trial. Frey is a key witness for prosecutors, who claim the fertilizer salesman killed his pregnant wife, Laci, in part because he wanted to pursue a relationship with her. Peterson's lead attorney, Mark Geragos, was supposed to spend Wednesday questioning Frey about her contact with Peterson and the dozens of phone calls with him she secretly recorded at the behest of police. Although Frey, 29, spent four days as a prosecution witness, for most of that time, she sat in the courtroom gallery as jurors listened to her calls. Delucchi informed jurors of the delay after a 45-minute, closed-door hearing requested by Peterson's legal team. On Monday, after another private hearing, the judge announced he had limited the questions Geragos could ask Frey about her romantic history before and after her six-week liaison with Peterson. Delucchi ruled the defense could only bring up other relationships if they were specifically mentioned in the recorded calls played for jurors. Frey had a woeful romantic track record, according to the testimony of her best friend, as well as comments she made to Peterson during the 42 calls played for jurors. During those phone conversations, however, Frey specifically mentioned only two men: the father of her 2-year-old daughter, who she said abandoned her and their child; and a married man who had a relationship with her while his wife was pregnant. She told Peterson that the rage that woman had felt toward her made it impossible for her to believe him when he said Laci Peterson knew of their affair and was not upset by it. Her history with men could be important for Geragos during cross-examination because the defense has portrayed Frey as a desperate woman who all but stalked Peterson. His lawyers argue Peterson was just trying to keep her at "emotional bay" in their conversations. Peterson and Geragos smiled and joked with each other at the defense table before court began. Frey, dressed in a slate-gray pants suit, sat in the court gallery with her lawyer, Gloria Allred, and showed no emotion as the judge told the jury about the postponement. The chance to witness the notoriously aggressive Geragos cross-examine the soft- spoken blond massage therapist drew a large crowd to the courtroom. More than 150 people participated in a lottery (audio slideshow) for the 28 seats reserved for the public. When Delucchi announced that Frey would not take the stand after all, a soft groan rose up from the gallery. As jurors collected their belongings to file out of court, some panelists exchanged quizzical looks and male juror #6, a firefighter in his 30s, frowned and shook his head. The trial is now in its 12th week. Peterson faces the death penalty if convicted of the murders of his 27-year-old wife and their unborn son. HOME INDEX LACI TRIAL ALIBI-WITNESS LIST SCOTT WIRETAPS INCONSISTENT STATEMENTS LACI'S ALBUM LACI'S FAMILY |
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