Logo
 
 
Updated Feb. 10, 2003, 7:27 p.m. ET

Dispute over boys' confessions delays Crowe hearing

SAN DIEGO — A hearing to determine whether prosecutors have enough evidence to try Richard Tuite for the murder of Stephanie Crowe was halted abruptly Monday after lawyers sparred over a videotape of someone else's confession.

Defense lawyer Brad Patton told Judge Gale Kaneshiro that he intends to play a three-and-a-half-hour videotaped statement obtained Feb. 10, 1998, by Escondido police. On the tape, then-15-year-old Joshua Treadway, confessed that he stood lookout as Stephanie, 12, was stabbed to death by Aaron Hauser and Michael Crowe, Stephanie's 14-year-old brother.

Tuite, 34, was not charged with Stephanie's murder until drops of the girl's blood were discovered on a shirt he was wearing the night of the killing, Jan. 20, 1998. When the evidence surfaced, the charges against the three teens were dismissed. The blood is the main physical evidence against Tuite, but prosecutors also presented circumstantial evidence placing him in the neighborhood the night of the murder.

Kaneshiro ruled Monday that, to rebut the prosecution's probable cause case, Tuite has a right under California's constitution to present evidence that the boys killed Stephanie. Recognizing that her decision would have wide-ranging implications, including an extension of the hearing for weeks, Kaneshiro invited prosecutors to request a recess of the hearing until they can get a ruling from the appeals court.

Prosecutor Gary Schons said the attorney general's office will make a request to the appeals court Tuesday, but he noted that only in very rare cases will the court grant a stay in a probable cause hearing already under way. If the court agrees to consider the issues, a decision could be reached by week's end.

"We're disappointed with the judge's ruling, but we obviously respect it," Schons said. He told the judge that if the defense is allowed to delve into Treadway's confession — a statement that Treadway has since disavowed as a product of police coercion — prosecutors will be forced to call experts to testify about police interrogation of minors. He warned that the hearing could extend into April if the defense ultimately prevails.

The prosecution also plans to call Treadway to testify during the hearing if the videotaped confession is permitted.

The judge granted a stay of the hearing until Feb. 19.  

 


Full coverage


 
Detective: Wild-eyed drifter seen by many night of girl's murder


advertisement
 

 

Contact us
©2007 Turner Entertainment Digital Network, Inc. A Time Warner Company. All Rights Reserved.
CourtTV.com is a part of the Turner Entertainment New Media Network.
Terms & Privacy Guidelines