Juror #5 caught on tape talking
to Laci Peterson's brother

By Harriet Ryan -Court TV
Thursday,
June 17, 2004

A juror in Scott Peterson's capital murder trial was caught on
video Thursday morning talking to Laci Peterson's brother.


The brief conversation occurred immediately after the juror and Brent Rocha
passed through a metal detector as they arrived at the courthouse. A television
camera filming Rocha inadvertently captured the juror and recorded the incident.


As the two men stopped to collect cellphones and other belongings scanned
by the metal detector, the juror grinned at Rocha and made a comment.
Only two words of the sentence were audible: "—lose today."


Rocha, the slain mother-to-be's older brother, smiled and replied, "Oh yeah."

The two then walked away in different directions.

A spokeswoman for the court said Judge Alfred Delucchi and lawyers
on both sides had been informed of the exchange. They met for
about five minutes in chambers at a mid-morning coffee break.


Peter Shaplen, a producer who coordinates the pooling of video for all
the media organizations covering the trial, said the spokeswoman, Lisa
Williams, notified him that the court is planning to subpoena the videotape.


The footage was shot as part of the daily pool footage of the arrivals of lawyers, witnesses, and
the families of Peterson and his wife. Jurors use the same public court entrance. Immediately
after the cameraman shot the juror, Shaplen told news organizations that it was an accident.


"The guy walked in front of the camera," Shaplen explained. He urged them not to broadcast the
tape, saying it would be a violation of California's court rules prohibiting photographing of jurors.


JUROR #5, a white man in his 20s on disability from his job at an airport, appeared relaxed
as he waited in the jury box for court to resume. Dressed in a white T-shirt and shorts, he
joked with fellow panelists. During the first three weeks of the trial, he has stood out from
other jurors for not taking notes on testimony and acknowledging the parties in court
with a quick smile or nod of his head as he crosses the well of the court.


As he left court, Brent Rocha declined to comment.

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