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| Judge blasts Peterson prosecutors, strikes witness testimony August 4, 2004 The judge presiding over Scott Peterson's murder trial angrily rebuked prosecutors Tuesday for repeated violations of the evidence rules and as punishment ordered jurors to disregard entirely the testimony of a state witness. "I've had it. This has been a constant refrain in this case. This is going to have to stop," Judge Alfred Delucchi shouted at prosecutors after learning they had failed to share evidence with the defense about a witness who had just testified. The woman, Lissa McElroy, had described strange behavior by Scott several days after his pregnant wife, Laci, went missing. McElroy, a friend of his mother-in-law, said that when she tried to help him select snapshots of the missing woman for the press, Peterson picked inappropriate photographs, including one in which Laci was drinking alcohol and another in which a man was exposing his buttocks to the camera. During cross-examination, McElroy mentioned that a prosecution investigator had her look through several family albums Monday night, but she had not been able to find the photos in question. "I did not see them in what they showed me," McElroy said. Defense lawyer Mark Geragos, who had been watching his co-counsel Pat Harris, question the witness jumped to his feet and demanded an immediate hearing outside the jury's presence. After the jurors were hustled out of court, Geragos railed against prosecutors for not informing him that McElroy was not able to identify the photos. Evidence rules based on the landmark 1963 U.S. Supreme Court decision Brady v. Maryland require prosecutors to turn over to the defense all evidence that is favorable to the accused. The judge has warned prosecutors Rick Distaso and Dave Harris several times during the three-month trial about failing to meet this obligation. Early in the case, prosecutors did not inform the defense that two police officers would testify that Scott cursed and threw a flashlight when confronted about his alibi for his wife's death. Distaso maintained he did not know about the episode because the officers did not put it in their reports. In another instance, a detective testifying about sex offenders and parolees that police interrogated after the crime came to court with a report listing the individuals questioned. The defense was never provided with the report. The judge suspended the detective's testimony for several days to allow the defense time to review the document. Geragos, who has complained bitterly about each episode, said that without the probing questions of his co-counsel, the defense would never have known there was doubt about the existence of the photos. "How many times am I going to get discovery by cross-examination?" Geragos complained. Delucchi, a former prosecutor who came out of retirement to preside over the trial, his 23rd capital case, needed little prodding from the defense attorney before blasting prosecutors. Without giving Distaso a chance to speak, he raised his hand to his forehead and cried, "I've had it up to here with these violations." "Hold on, hold on," Distaso shouted back. "Don't tell me to hold on," the judge snapped, banging his hand on the bench. "I'm about to impose some sanctions." When Distaso tried to speak again, the judge cut him off and said he wanted the answer to only one question: Had the deputy district attorney known that McElroy could not identify the photos when he called her to the witness stand? Distaso said he did. "I have no excuse for it," he conceded. The judge said he was going to strike McElroy's testimony. Distaso pleaded with him to reconsider. Delucchi looked away from the prosecutor in disgust and then told him, "There comes a point where I just lose my patience and this is that point. So, you can just sit down now and be quiet." As a bailiff led jurors back into the courtroom, the judge muttered, "Enough's enough," and then tersely informed the panel that they should disregard McElroy's testimony because of a violation by prosecutors. Jurors paused for a minute and then some began crossing out lines in their notebooks. Others simply opened to a new page. Peterson showed no emotion as the judge dressed down the prosecutors, but his parents appeared buoyed as they left court. The scathing reprimand capped a day of testimony focusing on inappropriate behavior by Scott after the Dec. 24, 2002, disappearance of his 27-year-old pregnant wife, Laci. HOME INDEX LACI SCOTT TRIAL ALIBI-WITNESS LIST |
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| LACI, CONNER and FAMILY "This is just to let you know that the world still thinks about her and Conner" Amber Vernon ~ Nevada ~ Guestbook |