Peterson trial delayed so defense can test new evidence
By Harriet Ryan
Court TV
REDWOOD CITY, California (Court TV) -- Scott Peterson's murder trial was abruptly halted Thursday 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.
"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.
Peterson's mistress, Amber Frey, is expected to take the stand then.
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."
It was unclear whether prosecutors brought forth the new evidence. 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.
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 August 23. The postponement of his testimony suggests lawyers are anticipating Frey's testimony may take two weeks.
The massage therapist began an affair with Peterson the month before his pregnant wife, Laci, went missing. She only learned he was married after the mother-to-be vanished and began cooperating with authorities.
Frey secretly tape-recorded phone calls with Peterson, and prosecutors will play those recordings during her testimony.
Her turn on the stand is the most eagerly anticipated testimony of the trial.
Court administrators conducted a special lottery to dole out seats for her testimony, and the county is installing extra loudspeakers in an overflow room with an audio feed of the court proceedings.
The judge did not mention Frey's testimony to jurors, but said, "Tuesday we will have a full plate."
Delucchi joked with jurors about the frequency of delays in the three-month-old trial.
"I had a dream last night that there was a jury rebellion," Delucchi said, prompting a roar of laughter from the jury box. "I hope it doesn't come to pass," the judge added.
The panelists heard one piece of evidence Tuesday. Prosecutor Dave Harris read a stipulation about an FBI agent's transportation of hair evidence for testing.
The judge told jurors the statement meant there was no break in the chain of evidence.
Peterson, 31, faces the death penalty if convicted of murdering his wife and unborn son.
