Scott Peterson Case: UPDATE
Tuesday, March 2, 2004


In two of the most crucial decisions yet in Scott Peterson's murder trial, the  judge ruled
today that jurors will hear
wiretap evidence collected by investigators and some,
but not all, of the details gathered by scent-sniffing
police dogs.

Jurors in Scott Peterson's trial will hear evidence collected by
investigators using wiretap listening devices.


Defense lawyers had argued investigators violated Peterson's attorney-client privilege
when they listened to bits of conversations with his first attorney, Kirk McAllister.


Judge Alfred A. Delucchi was unswayed by the arguments, saying investigators
followed proper procedures when monitoring the calls and any privileged
information they heard was "so minimal to be of no consequence."


Experts have said the dog-tracking evidence could be the most damaging to the defense theory
that Laci Peterson was at home Christmas Eve morning 2002 before she vanished later that
day - when Scott Peterson claims to have been fishing on San Francisco Bay.


Prosecutors say the dogs picked up Laci Peterson's scent in several places in the
days after her disappearance, including the Berkeley Marina where Peterson
claims to have launched his solo fishing trip.


Judge Alfred A. Delucchi decided to allow in only the evidence gathered by dogs at the marina.
Prosecutors also wanted to present evidence that the dogs had detected a broken trail of
scents leading from Laci Peterson's home to the warehouse where Scott Peterson
kept his boat, along the boat's rim and at the marina.


Court precedent requires corroboration of any dog-tracking evidence, Delucchi said,
adding that Scott Peterson has admitted to being at the marina and that the bodies of
his wife and unborn son
washed ashore along San Francisco Bay in April just two
miles from there. "It would be foolhardy for the court to admit this (other) evidence
because it would inject a cancer into the record," Delucchi said.


Defense lawyers likened dog tracking to witchcraft, and said the canines were unreliable.
Prosecutors have presented neither
witnesses to the killing nor a murder weapon.

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