Peterson Wiretap Evidence Allowed at Trial

Wiretap evidence and some information gathered by scent-sniffing dogs can be considered by the jury in the Scott Peterson double-murder trial, the judge hearing the case ruled Tuesday.

Defense attorney Mark Geragos wanted all 3,000 recorded phone calls thrown out, alleging that police breached Peterson’s attorney-client privilege when they listened to his conversations.

Judge Alfred Delucchi, who had spent several days in chambers listening to the disputed wiretap evidence, said, “The court is of the opinion no misconduct occurred.”

Peterson, 31, a fertilizer salesman from Modesto, could face the death penalty for allegedly killing his wife, Laci, and their unborn son in December 2002.

The defense also asked the judge to exclude all dog-tracking evidence that police say incriminates Peterson in his wife’s death.

Geragos argued that there was no independent corroboration that the dogs trailed Laci Peterson’s scent.

Delucchi said the jury could hear only testimony by a dog handler who says her dog picked up Laci Peterson’s scent at the Berkeley Marina, near where her body washed up on the San Francisco Bay shoreline. In addition, he said Scott Peterson had admitted going to the marina about the time his wife disappeared.

“Now we have independent evidence corroborating” Laci Peterson’s trail, he said.

But Delucchi was uncomfortable about admitting into evidence two other trails allegedly left by Laci Peterson in Modesto.

“Dog-tracking evidence at its best is iffy,” Delucchi said, adding “you can’t cross-examine a dog.”

Pretrial hearings began a month ago in Redwood City, where the trial was moved because of extensive publicity in Modesto. Jury selection is scheduled to begin Thursday.