interesting twist in the peterson case
 

the police wiretapped a few of the conversations (if not all) of the calls between Scott and his Attorney now his new attorney is claiming foul play. in my findings it is highly illegal to admit this evidence into a trial, do you think he will get a fair trial?

Did OJ get one?

He's guilty and stupid. The wire taps, while being interesting news, will not make it into court.

yes.

If it proves to be the case that the DA (not the Police) had access to any recordings between Perterson's Attorney and/or the Attorney's investigator as recorded by the Police the case will probably be dismissed.

If it proves to be the case that the Police recorded Peterson's Attorney and/or the Attorneys investigator but those recordings were not turned over to the DA...the possibility exists that the case will be dismissed.

If the Police turned off the recording as soon as Peterson's Attorney and/or the Attorneys investigator came on line then the other recordings are allowed to be used in trial if they are important to the case.

Interesting how this case is going.
:)

http://www.modbee.com/reports/laci/

well if he did make a confession on the phone (between client attorney privlidges) does the court have a right to hear these conversations? this case is going to try our judicial system pretty heavily and I would love to see their stance on the privacy laws

Nope, absolutely not. He had an expectation of privacy.

Pretty standard stuff really. I'm sure plenty of clients confess to their lawyers - doesn't mean the police can acquire that confession and use it against them.

exactly but when it comes to high profile cases the heat gets turned up a bit. i'm sure the prosecution will weasel themselves around this and ask questions that were only answered on the tapes.Of course they aren't going to admit to having recorded any substancial evidence because that would throw the case out the window

The police had a legal wire tap so anything said by Peterson that was not between him and his Attorney or the Attorney's investigator can be used in court if it is ruled to be important to the case. If the Police actually taped conversation between Peterson's Attorney or the Attorney's investigator the case is in trouble. If the Police actually taped conversation between Peterson's Attorney or the Attorney's investigator and any member of the prosecution team was privy to the recorded conversation...the case more than likely will be dismissed.

It is a felony in California to tape record a conversation between a client and his Attorney or the Attorney's agent. So if the Police did in fact record a conversation between Peterson and his Attorney or the Attorney's investigator...the Police and possibly members of the Prosecution could be charged with a felony.

Illeagle here in Florida aslo... Still happens, you just can't use it at trial.

Normally the Police and/or the Prosecutors that do something that is illegal simply testilie...and get away with it...unless there is physical proof of wrong doing involved. Such as recording a conversation between a client and his attorney...erasing it and experts then discovering that the tape had been tampered with.

Wire tap rules are odd, very good chance the police may have fucked their own case.

Well...fucking up a case is not all of that infrequent.

i'm not a lawyer but i've been hearing that without a clear cause of death and direct evidence he wont be convicted

Listening in on a call between him and his lawyer should be cause for the case to be thrown out. How can he get a fair trial if they know what he's planning to say and do? If you don't punish the police, they will continue to do that kind of stuff and we'll all be fucked.

I still think he's guilty. :)

I suspect the amount of circumstantial evidence against him will be overwhelming. They didn't have an arrest warrant in their hands before that body was found for nothing.

My bet is the tap will get thrown out, but he'll still fry.