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Posted on 10/11/2003 7:57:29 AM PDT by at bay
Scott Peterson's defense team will ask a judge to postpone his much- anticipated preliminary hearing, sources close to the case said Friday. Peterson's lead attorney, Mark Geragos, was looking to push back the Oct. 20 hearing because a Los Angeles murder trial in which he represents one of the defendants is behind schedule, sources said.
After two weeks of testimony, prosecutors in that case still have five to seven more witnesses to call before the defense can begin, said Darrell Mavis, the Los Angeles County deputy district attorney prosecuting the case.
"We've qualified the jury through Oct. 31, and that's what we're sticking by," Mavis said Friday.
A formal motion to delay Peterson's double-murder hearing had not been filed as of Friday in Stanislaus County Superior Court.
Court Executive Officer Michael Tozzi said there was a "strong likelihood" a request to reschedule will be made at a procedural hearing Friday.
The defense is seeking to push the hearing to Oct. 27, a source said.
Modesto attorney Kirk McAllister, part of the Peterson defense team, said Friday that a gag order in the case prevented him from commenting. Geragos could not be reached.
It was unclear how Judge Al Girolami would rule on a request to delay the hearing, where prosecutors are expected to lay out some of their evidence against the 30-year-old fertilizer salesman.
Peterson is charged with two counts of murder in the deaths of his wife, Laci, and the couple's son, Conner. Laci Peterson was almost eight months pregnant at the time prosecutors contend she was killed.
Girolami previously had said a Sept. 9 date for the preliminary hearing was "set in stone." After pushing that to Oct. 20, the judge said, "It will be highly unlikely that it will be continued again."
But a defense request could be difficult to turn down because of delays in the Los Angeles murder trial of Karen Terteryan, 21, and Rafael Gevorgyan, 18, alleged members of an Armenian gang.
Prosecutors contend that Terteryan and Gevorgyan fatally beat and stabbed a high school senior, Raul Aguirre, when he intervened in a fight between the defendants and his friend.
Geragos represents Terteryan, who faces life in prison without parole if convicted. Gevorgyan faces a possible term of 25 years to life.
The trial was delayed two days because a sickout by Los Angeles County sheriff's deputies engaged in contract negotiations left the court without bailiffs....
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