Peterson Jurors Indicate Difficulty With Verdict
Monday, November 08, 2004
REDWOOD CITY, Calif. — Jurors deliberating Scott Peterson's (search) fate in his double-murder trial indicated Monday they may be unable to reach a verdict.
Judge Alfred A. Delucchi (search) summoned jurors to the courtroom Monday just an hour and half after they resumed deliberations. They got the case Wednesday afternoon and spent the weekend sequestered in a hotel after deliberating through Friday.
The judge reissued instructions to the jurors on several key points.
"The people and the defendant are entitled to the individual opinion of each juror," the judge said. "Do not hesitate to change your opinion for the purpose of reaching a verdict if you can do so.
"The attitude and conduct of jurors at all times is very important," he added. "It is rarely helpful for a juror at the beginning of deliberations to express an emphatic opinion on the case."
It was not immediately clear what exactly led to the judge's instructions, which took about five minutes.
But the case was still a long way from a hung jury.
Earlier Monday, jurors viewed the boat prosecutors claim Peterson used to dispose of his wife's body, and resumed deliberations.
After the boat viewing, defense lawyer Mark Geragos (search) sought a mistrial, claiming jurors violated the judge's order by doing "a juror experiment" when several of the panelists got inside the boat and rocked it from side to side. The judge quickly denied the motion.
As an alternative to a mistrial, Geragos asked the judge to be allowed to show jurors a videotaped experiment performed by the defense.
Peterson is charged with two counts of murder in the deaths of his wife, Laci, and the fetus she carried. Prosecutors claim Peterson killed Laci around Dec. 24, 2002, then dumped her weighted body from his small aluminum boat into San Francisco Bay. The remains of Laci Peterson (search) and the fetus were discovered a few miles from where Peterson claims to have gone fishing alone the day his wife vanished.
Defense lawyers have argued that it would have been nearly impossible for Peterson to have heaved his wife's 153-pound body over the edge of the boat without tipping.
Geragos did a videotaped experiment apparently showing the boat would have tipped, but Delucchi ruled against allowing him to show the video to jurors during the trial.
"The juror was in there. The juror was standing inside the boat, shifting back and forth," Geragos told the judge.
The judge had instructed jurors before deliberations began not to conduct any experiments.
"I didn't know they were going to jump up and down on the boat," the judge said.
"I don't want a mistrial ... I want to show my demonstration," Geragos replied.
Jurors viewed the boat and its trailer in a parking garage near the courthouse.
The judge said jurors "carefully examined the sides of the boat."
He then ruled against Geragos' motion for a mistrial or to allow jurors to view his experiment.
Given that the boat was not in the water, "they should bear that in mind in their consideration," the judge said. "I think this works both ways. It can work for the prosecution's benefit. It can work for the defense's benefit."
Jurors entered their third full day of deliberations at about 9:10 a.m. Monday. They got the case Wednesday afternoon.
The judge has decided to allow them to deliberate only Monday-Friday. Twenty-one bailiffs have been sworn in to watch over them throughout the process.
Jurors have two choices should they decide to convict Peterson — first- or second-degree. First-degree convictions, carrying the death penalty of life without parole, would mean jurors believe Peterson planned the killings in advance. Second-degree murder convictions don't require a finding of premeditation, and carry sentences of 15-years-to-life for each count.
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A juror has been dismissed
BREAKING NEWS A juror in the Scott Peterson double murder trial has been dismissed and replaced with an alternate. Details soon
More information about this later.
More information about this later.
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