MODESTO, Calif. -- The judge in the Laci Peterson murder case reaffirmed his gag order Thursday, but refused to hold contempt proceedings against the Stanislaus County district attorney for speaking publicly about the case.
Judge Al Girolami also sealed a search warrant for Scott Peterson's cellular phone records and postponed a preliminary hearing until September, at which time he will hear testimony to determine whether Peterson will stand trial on two counts of murder in the deaths of his wife, Laci Peterson, and their unborn son.
The judge rejected claims by defense lawyer Mark Geragos that District Attorney James Brazelton breached ethical lines when he said he would seek an open preliminary hearing to show the public the evidence amassed against Peterson.
Geragos said Brazelton violated the court's gag order when he told The Modesto Bee that he chose not to seek a grand jury indictment in favor of the preliminary hearing so he could dispel rumors and "open some eyes."
The remarks did not rise to an "extremely egregious or prejudicial" level, Girolami said. At most the comments would result in a fine and the judge said he didn't want to take up the matter before the trial, which could be more than a year away.
Geragos also lost an attempt to have the lawyer for his client's former mistress found in contempt for repeatedly appearing on television talk shows to discuss the case.
Girolami said the gag order did not apply to attorney Gloria Allred, who represents Amber Frey, the massage therapist Peterson was romantically involved with before his wife vanished.
Bolstered by the ruling, Allred amplified her rhetoric outside the courthouse, calling it a "pathetic loss" for Geragos.
"I think Mr. Geragos knows if he wants war with me, he gets it," she said. "I'm not the shy type."
Geragos had asked the judge to lift the gag order because he can't respond to rumors or evidence leaked in the case.
The judge has barred lawyers, witnesses and investigators from speaking about the case to prevent evidence leaks and gossip that could make it difficult to find fair jurors.
Peterson, 30, a former fertilizer salesman, has pleaded innocent to two counts of murder and could face the death penalty if convicted. He was arrested after the remains of his wife and unborn son washed ashore in San Francisco Bay in April near where he said he was fishing Christmas Eve when she vanished.
Girolami added a search warrant of Peterson's phone records to about a dozen other court records that have been sealed, including autopsy results, wiretap applications and other police records.
The court records are sealed from the public but available to lawyers.
Girolami set the preliminary hearing for Sept. 9 after prosecutors said witnesses were not available when it was originally scheduled next month. Defense lawyers agreed to the change.
If the hearing is open to the public, it will be the first time evidence in the case has been discussed in open court. The judge will hear arguments Aug. 14 on whether to close the courtroom.
Girolami set an Aug. 15 hearing to consider a defense challenge to wiretaps used to eavesdrop on Peterson's phone conversations.
The defense claims investigators improperly listened to protected lawyer-client discussions and wants the evidence thrown out and prosecutors kicked off the case.
Brazelton's office said snippets of a couple privileged conversations were overheard inadvertently and they would not be used as evidence.
Reporters whose phone interviews and messages for Peterson were also captured on the wiretaps are seeking to listen to those conversations. That hearing is scheduled July 9.
Copyright 2007 by KTVU.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Scott Peterson Speaks At His Hearing 
