| Peterson trial delayed so defense can test new evidence August 5, 2004 Scott Peterson's murder trial was abruptly halted Thursday morning because of mysterious new information the defense claims is "potentially exculpatory." A lawyer for Peterson said the evidence emerged in the past 48 hours and requires scientific analysis. But sources close to the case say it was duct tape and other items found near the remains of Laci Peterson, which could undermine the prosecution's theory of how her killer disposed of her body. Modesto police, according to the sources, never tested the tape found near her torso "There is new discovery evidence which requires some investigation on both sides," Delucchi said. "This is up in limbo now, and it has to be resolved before we proceed.'' "I'm not prepared to go forward at this point with any other fact witnesses until at least the results of the testing come back," defense attorney Mark Geragos told Judge Alfred Delucchi after lawyers emerged from an hour-long closed-door meeting. The judge called jurors back into the courtroom and informed them of the "newly discovered evidence." "Because of that we've come to sort of an impasse. We can't go any further until this is resolved," Delucchi told jurors. He instructed them to return to court Tuesday morning. Outside court, attorneys, who are under a gag order, declined to characterize the evidence. "Sorry," prosecutor Rick Distaso said as he exited the courtroom. Geragos said, "I really can't comment on anything." Asked if he anticipated a busy weekend, he replied, "That's a safe bet." Based on comments made in court Thursday, Geragos hopes the tape will reveal -- either through fingerprints, DNA or trace evidence -- that someone other than Scott was the killer. Furthermore, the sources said, the other items found could contradict the prosecution's theory that Peterson was in any way involved in his wife's disappearance. The Chronicle has learned that East Bay Regional Park District police were somehow instrumental in revealing to the defense that the tape and debris found by Laci Peterson's remains were never examined by forensic experts. Delucchi exploded at Distaso and sanctioned the prosecution Tuesday for repeatedly failing to inform the defense of exculpatory information, as is required under the rules of evidence. Park police Capt. Tim Anderson said one of his officers was in the courthouse Wednesday and was warned by the judge that he was under the gag order and could not comment on the case. In open court Thursday, Geragos asked Delucchi outside the presence of the jury for a delay in the trial. He said the new evidence could be exculpatory and he wanted to have it analyzed. "I think it's imperative you do that,'' Delucchi said, agreeing to stop the trial until Tuesday. Delucchi apologized to jurors for the trial's numerous delays, joking that he even dreamed about jury unrest in his sleep. "I had a dream last night that there was a jury rebellion,'' he told the jurors, who erupted in laughter. "I hope that doesn't come to pass. Maybe this was a precognition." The trial delay came in the middle of the defense cross-examination of a police computer expert. Delucchi told the witness, Lydell Wall, not to return to court until Aug. 23. The postponement of his testimony suggests lawyers are anticipating Frey's testimony may take two weeks. PLASTIC AND DUCT TAPE BEING TESTED PLASTIC FOUND NEARBY HOME INDEX LACI SCOTT TRIAL ALIBI-WITNESS LIST DUCT TAPE INDEX SEARCH THIS WEBSITE AUTOPSY STORY BY - COURT TV - SF GATE |
| LACI & CONNER MAY THE TRUTH BE TOLD |
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