SAN DIEGO -- A state appeals panel Friday cleared the way for a man accused in the 1998 stabbing death of a 12-year-old girl to present evidence to implicate her brother and two of his teenage friends in the killing.

Richard Tuite's preliminary hearing to determine if his case is sent on for trial was on hold pending the ruling by the three-judge 4th District Court of Appeal panel. Tuite is accused of killing Stephanie Crowe on Jan. 20, 1998.

On Monday, Superior Court Judge Gale Kaneshiro ruled that under the California Constitution the defense could rebut prosecution evidence that points to Tuite as the person who stabbed the child.

The judge had 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 had argued that only the prosecution is entitled to present "hearsay" evidence from a qualified police officer, under Proposition 115.

Kaneshiro gave Schons time to appeal her decision, but his writ was denied without comment by justices Gilbert Nares, Judith L. Haller and Judith McConnell. The preliminary hearing will resume on Wednesday.

Teens Michael Crowe, Joshua Treadway and Aaron Houser were arrested and charged shortly after the murder.

Treadway and the victim's brother gave police detailed confessions about the trio's plot to kill the girl, but a judge ruled most of that was coerced and inadmissible at trial.

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

Tuite, seen in the area of the Crowe residence the night of the killing, was questioned at Escondido police headquarters the next day. His clothes were taken and he was allowed to leave.

When his filthy red sweatshirt was retested and came back positive for the victim's blood, charges against the boys were dropped.

DNA expert Jennifer Mihalovich testified last week that the blood found on Tuite's shirt almost certainly belongs to the girl.

Tuite's attorneys claim their client's shirt could have been "contaminated" with her blood by coming in contact with a tripod authorities had at the crime scene, and that was later at the lab where the shirt was tested.

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