Peterson trial adjourned to test new evidence
Defense says evidence could help accused husband
REDWOOD CITY, California (CNN) -- A judge adjourned the Scott Peterson murder trial Thursday to allow for the testing of new evidence in the case potentially helpful to Peterson. It is scheduled to resume Tuesday.
Peterson's attorney, Mark Geragos, asked for the delay, saying the new evidence -- which was not disclosed -- could potentially help Peterson's defense and that scientific testing needed to be done.
Prosecutors did not object.
Judge Alfred A. Delucchi told the jury that the trial "cannot go any further until this issue is resolved."
Peterson, 31, is on trial for the killings of his 27-year-old wife, Laci, and their unborn son. He could face the death penalty if convicted.
Prosecutors allege Peterson killed Laci in their home on or around Christmas Eve 2002, then drove to San Francisco Bay and dumped her body from his boat.
The remains of Laci Peterson and the couple's fetus washed ashore in April 2003, not far from where Peterson said he launched his boat on a fishing trip on Christmas Eve.
A source close to the case told CNN the new evidence involves an item found near one set of the remains. Another source said the prosecution told the defense about the evidence Wednesday.
Prosecutors left the courthouse without talking reporters, and Geragos' comments were brief.
"All I can tell you is, obviously, as the judge indicated, we need to follow up on it, and that's what we are going to do," Geragos said.
Legal experts said the judge's decision to halt the trial was telling.
"It's as significant as anything that can happen in a trial because truly, if this evidence is tested and is exculpatory, then the trial is going to be over," said Chuck Smith, a former homicide prosecutor.
The development came just two days after Delucchi blasted prosecutors for not sharing with defense lawyers information from a witness.
"I've had it up to here now with these violations," the judge said at the time, holding his hand up to his forehead. "I'm sick of this."
Earlier this week, a source close to the case said the much-anticipated testimony of Amber Frey, the massage therapist who was having an affair with Scott Peterson, was expected to begin next week.
