Witness List Will Remain Secret
February 9, 2004


The judge presiding over Scott Peterson's double-murder trial ordered Monday that the witness lists
and names of potential jurors remain confidential, despite protests by the media.


Judge Alfred A. Delucchi, who said he hopes to begin jury selection in about two weeks,
told attorneys at a pretrial hearing that he had "nothing against the press.
I have a responsibility here to see that Mr. Peterson gets a fair trial."


Peterson, 31, who wore a light gray suit and smiled at family members as he entered the
courtroom, said nothing during the 40-minute hearing.


Karl Olson, who represented the San Francisco Chronicle, Los Angeles Times and The Associated
Press among other media outlets, argued that "justice works best when exposed to public scrutiny."

Both prosecutors and defense attorneys disagreed.

"The media has taken great steps to place themselves in the middle of this case,"
said
prosecutor David Harris. "The media has a right to gain information,
but they don't have the right to interfere with a criminal trial."


Peterson's lawyer, Mark Geragos, said he was concerned the media would harass witnesses,
citing examples of Web sites publicizing witnesses' names, addresses and phone numbers.


"The fringe elements ... have turned this into a circus," he said, adding that two new billboards near
freeway entrances close to the courthouse display a photograph of Peterson with the question,
"Man or Monster?" Olson countered that he didn't represent the radio station sponsoring the billboards.


"The answer to that is not to cut off public access to these proceedings," Olson said.

Delucchi reassured Olson that media weren't being prohibited from court, pointing out that
34 seats in the courtroom were reserved for reporters.


He called the coverage "overwhelming," and said releasing names of jurors and
witnesses would interfere with a fair trial for Peterson.


"The press will get their witness names when they're called to testify," Delucchi said.

Prosecutors already have developed a 35-page questionnaire to screen potential jurors and
have shared it with defense attorneys. Delucchi gave lawyers sample questionnaires
and encouraged them to keep the questions short and simple.


Delucchi said the questioning of potential jurors will be open to media coverage
under the condition that names not be released.


Also Monday, Geragos filed motions asking the judge to exclude any statements
Peterson made
to the media in the days following his wife's disappearance.

"The new venue actually appears to be more hostile than Modesto," Geragos wrote, citing details
about a radio station-sponsored "billboard-on-a-truck" that solicited votes on Peterson's guilt or
innocence last week. Delucchi subsequently ordered the truck to stay away from the courthouse.


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