Juror scrutinized over interaction
with Laci Peterson's brother

Friday, June 18, 2004

A court official has asked for a copy of video footage showing a juror in Scott Peterson's trial
speaking to Laci Peterson's brother as they passed through a courthouse metal detector.


Lt. Lisa Williams of the San Mateo County Sheriff's Office, who is in charge of handling media for
Scott Peterson's double murder trial, asked for a copy of the tape for the judge to view. Williams
was told Peter Shaplen, the pool producer hired by the television networks to supervise news
coverage of the trial, to get a subpoena for the footage. She said she would do so.


Juror No. 5, an airport screener, said to Brent Rocha on Thursday, "could lose today."
It was unclear what he meant or whether Rocha responded beyond flashing a brief smile.


The same juror has been seen almost daily giving a nod and a slight smile
to the
defense table as he passes by on the way to the jury box.

He was seen earlier this week tapping a podium as he passed by
defense lawyer Mark Geragos, who simply smiled and looked away.


It was not immediately clear whether the court would find the actions inappropriate
or whether either the defense or prosecution would challenge them.


The footage was aired on national television and several networks brought
in legal experts to speculate on its potential impact on the case.


Several said such interaction is not unusual.

"Assuming it was just social conversation, it's being blown way out of
proportion," said David Graeven of Trial Behavior Consulting


Judge Alfred A. Delucchi has instructed jurors daily not talk about the case with anyone outside
of the jury room. But his admonition does not necessarily cover conversations about other topics.


Graeven said the judge will likely question the juror about what was said
and determine whether to replace him with one of the six alternates.


"That's one of the reasons you have alternates," Graeven said.
"Will this dictate the outcome of the case? No."


A spokeswoman for prosecutors said they would not comment on the issue.
A telephone message left for prosecutors was not immediately returned Friday.


A message left for Geragos was also not immediately returned.

Court was not in session Friday.

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UPDATED 6/23/04 JUROR 5 DISMISSED