SAN DIEGO -- A judge has put the Richard Tuite preliminary hearing on hold to allow prosecutors to challenge whether the defense can present evidence implicating Stephanie Crowe's brother and two of his friends in her murder.

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Testimony Focused On Time Frame, Motive

Superior Court Judge Gale Kaneshiro ruled Monday that under the California Constitution, the defense can rebut prosecution evidence that points to Tuite as the person who stabbed the 12-year-old girl the night of Jan. 20, 1998, or early the next morning.

The judge ruled that attorney Brad Patton can call as a witness an Escondido police detective who investigated the case shortly after the murder.

Senior Assistant Attorney General Gary Schons argued that only the prosecution is entitled to present such "hearsay" evidence from a qualified police officer under Proposition 115.

Kaneshiro gave Schons the option -- which he accepted -- of filing a writ with the 4th District Court of Appeal Tuesday seeking to overturn the judge's decision. She put the hearing on hold until Feb. 19.

Three teens -- Joshua Treadway, Aaron Houser and the victim's brother, Michael -- were arrested and charged shortly after the murder.

Treadway and Michael Crowe gave police detailed confessions about the trio's plot to kill the girl, but a judge ruled most of them were coerced and inadmissible at trial.

Patton said he plans to introduce part of Treadway's confession that was deemed to have been obtained legally.

Tuite, 33, was seen in the area of the Crowe residence the night of Jan. 20, 1998. Her body was found in her bedroom by family members the next morning.

Tuite was questioned at Escondido Police headquarters later on Jan. 21, 1998. His clothes were taken and he was allowed to leave.

When Tuite's filthy red sweatshirt was retested and came back positive for the victim's blood, charges against the three teenagers were dismissed.

DNA expert Jennifer Mihalovich testified Friday that the blood found on Tuite's shirt almost certainly belongs to the victim.

She also testified that the blood stains were "splatter-type" stains, not smears.

Tuite's attorneys claim their client's shirt could have been contaminated by a tripod that authorities had at the crime scene and that was later at the lab where the shirt was tested.

Patton said there was no evidence putting Tuite in the Crowe residence the night of the murder.

The preliminary hearing is to determine if there is enough evidence for Tuite to stand trial.

The defendant, who has a history of drug abuse and mostly nonviolent crimes, faces 27 years to life in prison if convicted.