| Monday, June 14, 2004 By Brian Anderson CONTRA COSTA TIMES The judge in the Scott Peterson trial refused today to declare a mistrial after a lawyer for the former fertilizer salesman accused of killing his wife complained that prosecutors concealed information. In the most contentious day since the trial began, attorney Mark Geragos said prosecutors deliberately withheld statements from two police officers who testified that they heard Peterson mutter a swear word and throw a flashlight after they questioned him. Modesto police officers Derrick Letsinger and Matthew Spurlock said Peterson had joined them on a walk-through of his house the night his wife Laci was reported missing. Spurlock asked Peterson where he had been all day and what the man had been using for bait after Peterson said he had been fishing, Spurlock said. Peterson left the house, saying the word under his breath and tossing a flashlight to the ground, the officers testified. Neither man mentioned the incident in their reports. "I let it go the first time," Geragos said after Spurlock raised the matter as did Letsinger before him. "It's nothing but just a cheap shot -- one of a never-ending series of cheap shots by the prosecution." Geragos said state law required prosecutors to turn a defendant's statement over to his lawyers in a timely manner. Saying he had just learned of it this morning, prosecutor Rick Distaso called the defense allegation ridiculous. He also questioned whether the utterance even qualified as a statement. "It's just one word," Distaso said. Incredulous, Geragos jumped to his feet, arguing that anything Peterson said is considered a statement. "I didn't think that issue was all that big of a deal," Distaso said. "Clearly, I agree I should have told Mr. Geragos." Geragos asked Judge Alfred Delucchi to inform jurors that prosecutors deliberately withheld the information. In the absence of that, he asked for a mistrial. A few chuckles rumbled up from mostly the public seating area that has been packed with observers since the trial began June 1. Geragos turned to the audience, telling Delucchi that he could do without the comments from the "peanut gallery." He asked the judge to order the audience to keep any comments under wraps, which the judge agreed to do. But saying the testimony could aid the defense, Delucchi denied the motion for mistrial. "I don't believe this alleged violation raises to such an extent that a mistrial should be declared," he said. "The defendant's demeanor -- I think it cuts both ways. It could be beneficial to the defense." Delucchi said Peterson's remark could be used to show he was frustrated about the search for his wife. But Delucchi also cautioned prosecutors to be as forthcoming as possible with any new evidence they plan to introduce. "If there's something the officers are going to testify to I think the spirit of (the law) is to disclose that to the defense," Delucchi said. "I think you have an obligation to disclose." After the blow up, Spurlock testified that Peterson was emotional and appeared concerned when the officer first saw him searching the park for Laci on Dec. 24, 2002. But his behavior changed when questioned about his fishing trip, Spurlock said. "He just appeared more nervous and standoffish," he said. HOME INDEX LACI SCOTT TRIAL ALIBI-WITNESS LIST AUTOPSY WIRETAPS |
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| JUDGE DELUCCHI REFUSES TO GRANT A MISTRIAL OVER THE "F" WORD |
| LACI & CONNER May Justice Prevail |
| LACI & CONNER May Justice Prevail |
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