Peterson mistrial denied

Delucchi did add, "Unfortunately, they keep happening with Detective Brocchini."

Testimony by Allen Brocchini, Modesto police's lead investigator in the disappearance of Laci Peterson, was at the heart of the mistrial request by defense attorney Mark Geragos. Citing time after time when Brocchini either left out interview information from reports or lied on the stand, Geragos asked that his client be freed. Geragos suggested Brocchini purposely made errors in hopes of having a mistrial - and another shot for he and prosecutors to find Peterson guilty of killing his wife and unborn son.

Geragos told Delucchi he was full of "child-like naiveté" to think that Brocchini did not have an ulterior motive and pointed out previous cases where his mistakes led to new trials. In particular, a 1988 robbery case was thrown out after Brocchini testified. The defendant was convicted in a second trial.

The alleged lies and errors also put Geragos in a Catch-22 because he should ask for a mistrial but worried that a new trial would give the prosecution a fresh shot, he said.

Attorneys grilled Brocchini for five days on the stand. Brocchini testified about a tip that Peterson once claimed he'd dispose of a body by duct taping a bag around the neck and sinking it in the ocean. Geragos pointed out that the caller never mentioned duct tape and Brocchini mentioned it simply, he said yesterday, "to stir the pot ... against my client."

Delucchi told attorneys they are at liberty to recall Brocchini for more testimony but suggested the jury could make up its own mind.

"It may be prudent for both sides to just leave it alone," Delucchi said.

Yesterday's hearings filled the entire morning and emphasized again how entrenched the media has become in the sensationalized case. Aside from the refusal to vacate the trial, Delucchi squashed a subpoena for pictures taken by a Modesto Bee photographer. The pictures, taken at a December 2002 vigil for the missing woman, show her husband smiling despite the grim circumstances.

"These photographs are absolutely relevant. The defendant's conduct is very important to this case," said Prosecutor Rick Distaso.

Delucchi will allow the one photo that was printed but prosecutors cannot introduce others.

Delucchi also denied a defense request for unaired footage of an interview with Good Morning America anchor Diane Sawyer. Geragos argued that the televised interview, which is admissible as evidence, is filled with false information from the early days of the investigation. Distaso countered once again that he is not trying to prove facts, just Peterson's state of mind.

Peterson, 31, is charged with two counts of first-degree murder and faces the death penalty if convicted of killing his family on or near Dec. 24, 2002. The bodies of Laci and Conner Peterson washed up on a Richmond shore the following April.

The trial resumes Monday morning.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.