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Peterson Seeks New Jury for Penalty Phase
Yahoo! News ^ | BRIAN SKOLOFF, Associated Press

Posted on 11/18/2004 6:30:31 AM PST by Tarpaulin

REDWOOD CITY, Calif. - Scott Peterson (news - web sites)'s attorney wants a new jury in a different county to decide whether the former fertilizer salesman gets the death penalty or life in prison without parole for killing his wife and the fetus she carried.

Defense lawyer Mark Geragos made the request in a motion filed Wednesday in San Mateo County Superior Court. The details will not be made public until after Judge Alfred A. Delucchi reviews the file before the scheduled start of the penalty phase Monday morning, which could now be delayed.

The motion marks the second time Geragos has sought to have two juries seated for the trial, one for the guilt phase and one to determine the penalty.

In the first request, filed in February, Geragos contended that "the vast adverse publicity, the abnormally high prejudging of guilt and the strong statistical showings that a death-qualified jury tilts in the favor of the prosecution" supported his request.

The judge denied that motion and let the trial move forward with just one jury.

Peterson, 32, was convicted Friday of first-degree murder in the death of Laci Peterson (news - web sites) and of second-degree murder in the death of the fetus. Laci Peterson vanished just before Christmas 2002; her remains and that of the male fetus turned up on the shore of San Francisco Bay four months later.

The case was moved from Modesto after a judge there found Peterson couldn't get a fair trial in the couple's hometown. Redwood City, where the five-month trial was held, is 90 miles away.

The jurors who convicted Peterson on Friday were sequestered during deliberations but were sent home pending the start of the penalty phase.

If the judge turns aside the defense request for a separate penalty phase jury, the old panel will resume next week by hearing testimony on exacerbating and mitigating factors to be weighed to determine punishment. The penalty phase is expected to take several days, and jurors are to be sequestered once again during deliberations.


TOPICS: Crime/Corruption
KEYWORDS: 2avoidchildsupport; conner; deathpenaltytime; getarope; laci; lacipeterson; sonkiller; wifekiller

1 posted on 11/18/2004 6:30:31 AM PST by Tarpaulin
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To: Tarpaulin

This thing's got 'retrial' written all over it, with the number of jurers that were kicked off/left. I read where the prosecution's juror selection expert said he felt 'vindicated' when Peterson was finally found guilty. I seriously doubt he'll ever be hired by another prosecution team.


2 posted on 11/18/2004 6:35:29 AM PST by xJones
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To: Tarpaulin
Why not move the penalty phase to the NJ Supreme Court?

He'll walk free!!!

Is there no end to the nonsense from Gerragos!

3 posted on 11/18/2004 6:42:18 AM PST by OldFriend (PRAY FOR POWERS EQUAL TO THE TASKS)
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To: Tarpaulin
For heaven's sake! If the defense is allowed a whole new jury to determine the penalty faze, this could take a month or more to seat a new jury.

Why shouldn't this jury who found Snott guilty, be allowed to follow through with the penalty. Garagos is getting ridiculous IMHO.

4 posted on 11/18/2004 6:49:04 AM PST by SheLion (God bless and protect our troops. I love them one and all!)
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To: Tarpaulin; runningbear; Howlin
This off topic, but is the grandmother that Laci was to inherit from dead?
5 posted on 11/18/2004 9:55:06 AM PST by iconoclast (Conservative, not partisan)
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