Posted: June 3, 2003 at 5:15 p.m.
MODESTO, Calif. (AP) -- A judge postponed ruling Tuesday whether to unseal investigation reports in the Laci Peterson murder case as a newspaper lawyer continued to argue the documents should be made public.
Stanislaus County Superior Court Judge Roger Beauchesne said he would meet in private with lawyers in the case Friday and rule by June 12.
A lawyer representing The Modesto Bee and four California newspapers asked Beauchesne to unseal eight search warrants used to gather evidence from Scott Peterson's boat and truck and from the couple's home.
The remains of Laci Peterson, 27, and her unborn son washed ashore in San Francisco Bay in April near the area where Scott Peterson said he went fishing Christmas Eve, the day he said she disappeared.
Newspaper lawyer Charity Kenyon argued there was no need for secrecy since Scott Peterson, 30, was behind bars on charges of murdering his wife and unborn son. Beauchesne had sealed the evidence before Peterson was arrested.
Search warrants and supporting documents are usually made public 10 days after they are served. Another judge has sealed an autopsy report and arrest and search warrants in the case.
Kenyon said the documents should be unsealed because they are beginning to be leaked to the news media and because the prosecution has changed course and asked the court to unseal autopsy results.
Until last week, prosecutors and defense lawyers were united in asking the court to keep the documents sealed, saying that releasing them would impair Peterson's right to a fair trial.
However, after a page of the autopsy report showing that the couple's unborn son had tape around his neck was leaked to news outlets last week, prosecutors moved to have the entire report released.
District Attorney James Brazelton said the leaks were skewed in favor of the defense and releasing the entire report would set the record straight.
"Should I make my decision this morning based on leaks in the newspaper?" Beauchesne asked.
The judge also questioned whether unsealing the documents would jeopardize further investigation of defense suggestions that a satanic cult had abducted and murdered the pregnant substitute teacher.
"The burden is on these parties to show you they're looking for a satanic cult," Kenyon said. "From the public point of view, it doesn't seem like another perpetrator is the subject of these investigations."
Beyond vowing to find whom he considers the real killer, defense lawyer Mark Geragos has begun criticizing prosecutors.
In court papers filed Monday, Geragos said prosecutors committed "grave misconduct" by eavesdropping on privileged wiretapped phone conversations between Peterson and lawyer Kirk McAllister. He said he may seek to have prosecutors removed from the case.
Investigators said they mistakenly listened to portions of three of 72 conversations between Peterson and McAllister and a private detective, but said they had not provided any of that evidence to prosecutors.
Geragos wants the court throw out wiretap evidence, or have investigators involved in the wiretapping barred from testifying. He has requested a hearing to question the wiretap investigator and the prosecutor who oversaw the procedure.
A hearing is scheduled Friday to discuss the wiretaps, including requests by numerous reporters to listen to recordings of their wiretapped conversations with Peterson.
(Copyright 2003 by The Associated Press. All Rights Reserved.)
