Prosecutors ordered to give phone records to Peterson defense

MODESTO, Calif. -- The judge overseeing the murder case of Scott Peterson ordered Tuesday that police records of telephone calls made between Peterson and his lawyer and investigator be turned over to his new defense attorney.

Prosecutors had not contested the release of the conversations, which they said they had not heard or seen and had ordered sealed when they realized police investigators had been listening to or recording calls.

At least two of the 69 calls between Peterson and Modesto attorney Kirk McAllister were included in the widespread monitoring that also taped Peterson's calls with reporters. Police also listened in on a call between Peterson and a private investigator.

Peterson's new attorney, Mark Geragos, said he expected to receive the police records Tuesday afternoon.

"Once we see exactly what was taped, we'll file the appropriate motions," the Los Angeles attorney said.

Peterson, 30, is accused of killing his pregnant wife, Laci Peterson, and unborn son, Conner, last Dec. 23 or 24. Stanislaus County prosecutors plan to seek the death penalty.

Peterson, arrested April 18, maintains his innocence, saying he last saw his wife when he left for a Christmas Eve fishing trip.

Stanislaus County prosecutors this month notified McAllister, private investigator Gary Ermoian and 64 other people that their conversations were intercepted from Jan. 10 to Feb. 4 under a court-ordered wiretap to gather evidence in the Peterson investigation.

Police are not supposed to listen to talks between attorneys and their clients, which are considered privileged conversations. McAllister said earlier this year he was skeptical of claims that police recording equipment was turned off when it became clear that Peterson was talking with his lawyer.

But John Goold, a chief deputy district attorney for Stanislaus County, told reporters Tuesday that prosecutors have never seen or heard anything from the Peterson-McAllister calls monitored by police.

"Our requirement is to not listen in on privileged phone calls," Goold said.

Also Tuesday, Judge Al Girolami said he was also considering a gag order on lawyers in the case to prevent leaks fueling news stories, and indicated he would wait until July to decide whether to unseal court records reporters are seeking.

Girolami said he would rule by the end of the week whether to unseal police reports and arrest warrants, as well as autopsy results of Laci Peterson and her unborn son.

But the Modesto judge told Charity Kenyon, a Sacramento lawyer representing The Modesto Bee and four other California newspapers, that he would most likely order that the documents remain impounded until a July 15 preliminary hearing, held to determine whether Peterson should go to trial.

Girolami wondered aloud, given the great amount of publicity in the case, whether 12 fair jurors could be found anywhere in California if the information was unsealed.

"The trial of the century happens quite regularly in California," Kenyon said, citing other high-profile cases including the Polly Klaas murder, the Unabomber case and the 1970s kidnapping of newspaper heiress Patricia Hearst by the Symbionese Liberation Army.