| No sequestering of Jury Thursday, February 26, 2004 The judge in the Scott Peterson trial denied two motions today by the defense, one to sequester jurors and one to have two juries -- one for the guilt phase of the trial and one for the penalty phase. In arguing for separate juries, Peterson's attorney, Mark Geragos, said, "I'm guessing that there will be 30 to 40 percent of the potential jurors against the death penalty, out of every 100 you bring in. At that rate you'll be selecting jurors from here to eternity." Geragos said that death-qualified jurors are more likely to convict, which is unfair to his client. "Forty to 45 percent are going to be eliminated for no good reason -- that reason is that they're opposed to the death penalty. By the time we're done we'll call the whole county of San Mateo." Deputy District Attorney Dave Harris countered Geragos, saying, "There is no research to back up that death-certified juries are more prone to prosecution," adding, "Counsel's impassioned speech is nice, but it's impractical." Harris said that to follow Geragos' request, the court would have to retry the guilt phase of the case in front of the second jury. "There is a strong legislative presence to a single jury, which has been upheld by the U.S. Supreme Court," Harris said. In denying the double-jury motion, Judge Alfred Delucchi agreed that there was not research to back up Geragos' contention about death-certified juries. He noted that there are 701,000 citizens in San Mateo County and felt that there would not be a problem in finding 12 jurors and six alternates who were fair and impartial. Geragos argued for a sequestered jury based on the intense media attention the case has gotten. He also noted the presence of roadside billboards about the case and said he feared that members of fringe media would try to contact jurors, and that the only way to ensure fairness would be to put them in a hotel for the duration of the trial. "I'm just trying to level the playing field," Geragos said. Referring to his client, he added, "This gentleman beside me is fighting with one hand tied behind his back." Regarding the sequestering issue, Harris argued that Delucchi would admonish jurors to avoid newspapers and television and that he would take steps to ensure that they are not tainted by media coverage of the case. In denying that motion, Delucchi told Geragos, "You have a valid concern, but if I was to tell people you can't see your loved ones for five months, you can't watch television, you can't listen to the radio, you're going to be locked away in a hotel somewhere ... it could have a negative effect on people who could get resentful that they've been locked up." Delucchi added that there was no way to protect jurors from driven reporters, who would still find ways to reach them. -------------------------------------------------------------------------------- THE PETERSON TRIAL WEDNESDAY'S HIGHLIGHTS -- A scent-sniffing dog picked up Laci Peterson's scent in a parking lot at the Berkeley Marina and followed the trail out onto a pier in San Francisco Bay, where it ended, the dog's handler testified. TODAY -- The captain in charge of the Contra Costa County sheriff's canine search-and-rescue unit is expected to take the stand. The two dog handlers who were involved in the search for Laci Peterson are both members of the volunteer canine search team. NEXT WEEK -- The parties now expect jury selection to begin March 4. JURY INSTRUCTIONS HOME INDEX LACI SCOTT EVIDENCE-NEWS ALIBI-WITNESS LIST |
| LACI & CONNER Pray For Justice |
 |
 |
|