REDWOOD CITY, Calif. – Lawyers in the Scott Peterson (search) murder case continued wrangling Thursday over whether tapes of his wiretapped phone calls can be used in trial.
Investigators tapped his home and cell phones in early 2003, just after his wife Laci Peterson (search) disappeared, and wound up taping thousands of his calls.
Defense lawyer Mark Geragos (search) is arguing that all the wiretap evidence be thrown out on the grounds that attorney-client privilege was violated. Parts of Peterson's conversations with his former attorney, Kirk McAllister, were monitored.
Prosecutors are trying to convince the judge that the monitoring of Peterson's calls was done correctly.
At issue are about 76 phone calls, which were being reviewed by those involved in the proceedings Wednesday and Thursday.
Prosecutors called investigator Steven Jacobson, who testified he and others followed federal guidelines when they briefly monitored parts of 76 recorded calls.
The content of the taped calls was not discussed in open court, but lawyers joined Delucchi in his chambers to listen to them. Delucchi did not make a ruling Wednesday, so lawyers returned Thursday for more closed-door meetings.
A number of the scores of calls authorities taped were made to his extramarital girlfriend, Amber Frey (search). Frey cooperated with investigators in some of the wiretapping after she came forward early last year to disclose her relationship with Peterson.
Frey has said she had no idea that Peterson was married and a focus of the investigation into the disappearance of his wife.
The wiretaps weren't the only point of contention. Geragos has been furious with prosecutors, whom he says are withholding information from him — including details on seven people who may offer insight into how Laci Peterson was killed, Fox News has learned.
Geragos is also angry with the prosecution for dumping approximately between 700-800 pages of material on him recently, including documents showing that five drops of blood found on Peterson's fishing boat weren't human blood and hair on duct tape discovered was not Scott Peterson's hair, Fox has learned.
On Wednesday Judge Alfred Delucchi (search) scolded prosecutors for failing to turn over investigative materials to Geragos.
Peterson is charged with murdering his 8-months-pregnant wife, Laci Peterson, and their unborn son. The former fertilizer salesman could face the death penalty if convicted.
Stanislaus County authorities monitored Peterson's home and cell phones from Jan. 10-Feb. 4, 2003, Jacobson said. They bugged his cell phone again briefly from April 15-18.
It was during the latter span that the bodies of Laci Peterson and the unborn baby washed onto a San Francisco Bay shore. Days later police arrested Scott Peterson near San Diego.
Peterson has maintained his innocence in the case. He faces the death penalty if convicted.
Fox News' Catherine Donaldson-Evans, Trace Gallagher and The Associated Press contributed to this report.
Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox