Prosecutors Will Also Show Tapes In Tuite Hearing
Defense Rests Case In Preliminary Hearing
POSTED: 5:13 p.m. PST February 21, 2003
UPDATED: 5:30 p.m. PST February 21, 2003
SAN DIEGO -- Prosecutors trying to prove that a transient killed Stephanie Crowe five years ago can show hours of a videotaped interrogation of one of three boys originally charged with the girl's murder, a judge ruled Friday.
Judge Gale Kaneshiro said prosecutors from the state Attorney General's Office would be allowed to present the 10 to 12 hours of videotape in their rebuttal case in Richard Tuite's preliminary hearing.
Prosecutors said the Jan. 27-28, 1998, interrogation of Joshua Treadway will prove that statements he made in a subsequent interview with Escondido police detectives were coerced.
Kaneshiro must rule whether there is probable cause to order Tuite, 33, to stand trial for the death of the 12-year-old girl the night of Jan. 20, 1998.
Last week, the judge ruled that Tuite could present "hearsay" evidence pointing to Treadway, Aaron Houser, and Michael Crowe, the victim's brother, as the killers.
The three originally were charged with the seventh-grader's murder, but charges were dropped when a DNA test revealed Stephanie's blood on a filthy red shirt Tuite wore the night of the killing.
The case was turned over to the San Diego County Sheriff's Department and the state Attorney General's Office three years ago.
A different judge ruled in 1999 that most of the interrogation was coerced, but said some of Treadway's statements were voluntary and would have been admissible at trial.
Attorneys for Tuite played a Feb. 10, 1998, interview with Treadway in which he tells detectives how he knew of plans by Michael Crowe and Houser to kill Stephanie, but didn't think they would go through with it.
Treadway says during the interrogation that Michael Crowe hated his sister and that he and Houser came up with a plan to stab her in her bed.
On the tape, Treadway tells a detective that he went along with his friends' plan because he was afraid of Houser.
Senior Assistant Attorney General Gary Schons told the judge that she needed to view the Jan. 27-28, 1998, interview with Treadway so she could see the statements in context.
"It's like seeing half of a photo," Schons told the judge. "It just doesn't tell the whole story."
Kaneshiro said she would not rule on whether the statements were coerced, but would consider them in her final decision on a possible bindover for trial.
Tuite faces 27 years to life in prison if tried and convicted.
Previous Stories:
- February 20, 2003: Tape: Teen Admits Part In Stephanie Crowe Murder
- February 19, 2003: Will Tuite Stand Trial For Stephanie Crowe's Murder?
- February 14, 2003: Court: Tuite Can Present Evidence Against Crowe's Brother
- February 11, 2003: Tuite Preliminary Hearing On Hold
- February 10, 2003: Tuite Preliminary Hearing Continues
- February 6, 2003: 2nd Day Of Tuite Hearing Under Way
- February 5, 2003: Day 1 Of Tuite Preliminary Hearing Held
- September 19, 2002: Tuite's Preliminary Hearing Set
- August 26, 2002: Tuite Hearing May Come This Fall
- May 22, 2002: Crowe Family Wants Civil Case Sped Up
- May 16, 2002: Tuite Pleads Not Guilty To Crowe Murder
- May 16, 2002: Tuite To Be Arraigned Today
- May 15, 2002: Tuite To Be Charged With Stephanie Crowe's Murder
- May 14, 2002: Arrest Looms In 1998 Child Killing
- July 11, 2001: Crowe Murder Suspect Released From Prison
- May 30, 2001: Man Linked To Crowe Murder Back In Prison
- May 25, 2001: Man Investigated In Crowe Murder To Be Paroled
- November 28, 2000: Transient Suspected Of Escondido Murder Back Behind Bars
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