| Judge suppresses questionnaires
Wednesday, March 24, 2004 Judge Delucchi decided to keep juror questionnaires from the public in Scott Peterson's trial, saying publicity in the case has surpassed that of the Charles Manson and O.J. Simpson cases. "I think, really, this case rises to the top of the class as far as pretrial publicity," Superior Court Judge Alfred Delucchi said. He said Peterson's legal battle probably has seen more publicity "than any other case in California in recent history." The "enormity of media coverage" was at the core of Delucchi's decision to deny access to questionnaires filled out by 1,000 prospective jurors. A coalition of newspapers, including The Bee, had sought access to the questionnaires, which normally are public documents. Peterson's right to a fair trial, and jurors' right to privacy, outweigh the public's right to see the questionnaires, Delucchi ruled. The documents provide insight into potential jurors' attitudes toward Peterson, including how much they know about the case and views on the death penalty and extramarital affairs. The questionnaires also would shed light on defense assertions that many potential jurors have judged Peterson before testimony has begun. Scott has pleaded not guilty to charges he murdered his wife, Laci, and unborn son, Conner, on or just before Christmas Eve 2002. Prosecutors are seeking the death penalty. His trial was moved to San Mateo County after a Stanislaus County judge ruled that massive publicity precluded Peterson from getting a fair trial in Modesto. Peterson's attorney, Mark Geragos, has said the questionnaires would serve as a basis for a bid to move the trial a second time or to have a separate jury decide if Peterson should be executed if convicted. Geragos suggested Monday he also would use information from individual juror questioning in arguing for a second move. Karl Olson, an attorney representing the newspapers, pointed to the assertion that the questionnaires support another move as a reason they should be open. "The public, which pays for these proceedings, has a right to know whether these assertions are correct," Olson said. The newspapers' bid for access touched off an animated exchange in court Tuesday. The defense accused the media of harassing witnesses and demonizing Peterson, while prosecutors said the media are trying to insert themselves where they do not belong. "The media does not have a chair at the counsels' table," prosecutor Dave Harris said. "This is a criminal prosecution of the state of California versus the defendant." The documents should be made public at the end of the case, when the media "can't do any damage," Harris said. Geragos said releasing the questionnaires would poison the jury, with reporters tracking people to their homes or jobs. "If you're going to allow the questionnaire out so people can easily dentify who they are, then we're never going to have a fair jury in this case," Geragos said. "We can abandon any pretense of a trial and vote online." Geragos also said he was tempted to argue in favor of releasing the documents because doing so would bolster his argument that the trial should be moved again. "My wish is we won't be here anymore," Geragos said. "We'll be somewhere else, and you know where." Geragos has said he wants the trial moved to Los Angeles, the state's most populous county and the site of his law firm. That is the only suitable location -- with a massive jury pool from which to draw -- to counter the publicity, Geragos has said. Olson said Tuesday that the publicity in the Peterson case was not unique. "This is not the trial of the century," Olson said. "Unfortunately, cases like this come along every year, every six months, and you can't sacrifice public access rights, which are part of the Constitution, because of a high-profile case." Bee Managing Editor Joe Demma said a decision is expected today on whether to appeal the ruling. HOME INDEX SCOTT LACI ALIBI-WITNESS LIST EVIDENCE-NEWS WIRETAPS AMBER TRIAL NEWS |
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