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| Peterson penalty phase postponed until after Thanksgiving Monday, Nov 22, 2004 A judge postponed the penalty phase of Scott Peterson's trial until after Thanksgiving to allow the convicted killer's defense time to file appeals and line up witnesses. The proceeding to determine whether the Modesto fertilizer salesman will face death or life in prison without the possibility of parole for the murders of his wife and child will now begin Nov. 30. Judge Alfred Delucchi agreed to the delay after denying requests from Peterson's defense to move the penalty phase to Los Angeles and select a new jury. In making the requests, defense attorney Mark Geragos cited the boisterous public celebration that greeted his client's Nov. 12 conviction, as well as comments by the former jury foreman in which he hinted at pressure to reach a "popular verdict." Delucchi, a veteran of 22 capital cases, acknowledged that the scene of hundreds of citizens cheering the verdict on the courthouse steps was unlike anything he had seen in his career, but said it was not his place to control citizens or the media that reported on them. "People have strong feelings about this case one way or another. It's still a free country. I can't go out and stop people from expressing their views," he said. The judge said that moving a case covered obsessively by the national media to another locale would make no difference. "A change of venue is not going to change anything in this case," he said, repeating his joke that only Mars would guarantee a fresh jury pool. "There is just nowhere to send it." He added, "We are probably better off with this jury than trying to start this thing all over again." Prosecutors said they plan to call four witnesses, likely Laci Peterson's relatives, in their case and play a video of her memorial. Delucchi was to screen the video privately Monday to determine its admissibility. Peterson's legal team has apparently not determined which witnesses will testify on his behalf. Geragos said he would turn over information about the witnesses to the prosecution as required by law this week. The judge told jurors he anticipates a maximum of five days for the penalty phase. The deal also allows Geragos time to appeal Delucchi's decision not to move the trial. He said he would take the matter all the way to the state's Supreme Court if necessary. Although unsuccessful, Geragos' arguments revealed previously unknown details about the contentious seven-day deliberation that led to Peterson's conviction. The deliberations were marked by a jury room mutiny against the foreman, Gregory Jackson, a lawyer who also held a medical degree. Jackson was eventually removed from the jury, as was another panelist, Frances Gorman. In trying to persuade the judge that a new jury was necessary, Geragos disclosed that, in a closed-door hearing with Delucchi and the lawyers, Jackson "made comments ... about the popular verdict, the expected verdict, book deals ..." Geragos said Jackson also referenced threats, but then said "he didn't want to go there" and the judge made no further inquiry into his comment. The defense attorney said Gorman, who was removed for conducting her own research, "physically disintegrated or was crying at one point" and that more than one panelist reported high tension and hostility in the jury room. Prosecutor Dave Harris later said Geragos was overstating what had occurred in chambers. He said that, at the time Jackson spoke about the "popular verdict," the jurors hadn't even taken a preliminary vote on Peterson's guilt. Harris said that Jackson had asked to be excused. "We had a juror who wanted to get off the case and that's what happened," he said. Delucchi agreed, noting that, after Jackson was voted out as foreman, he told the judge deliberations were going well and retracted some of his previous comments. "I'm willing to live with the statement that the doctor made in the record that's been sealed," Delucchi said. "For excusing him, there was just cause." Peterson, dressed in a navy suit, appeared to follow the arguments intently. He whispered to lawyers Geragos and Pat Harris. When jurors were lead into court briefly Monday, only one — Juror No. 1 — looked at Peterson. The rest avoided his gaze, as they had on the day of the verdict. After Delucchi informed them of the delay, he gave them a longer-than-normal admonition about avoiding news accounts of the trial. "Do you understand the magnitude of this case?" he asked them. Several panelists nodded in reply. "I hope that will really resonate in your minds." The brief hearing was the first time Peterson appeared in court since the verdict. His father, Lee, who, like Geragos, was not on hand for the verdict, was present, as were his mother, Jackie; sister, Susan Caudillo; and sister-in-law, Janey. Laci Peterson's father, Dennis Rocha, was in court for the hearing, as were two of her friends, Lori Ellsworth and Stacey Boyers. Her mother, Sharon Rocha, who is expected to be a witness in the penalty phase, did not attend. PETERSON FAMILY HOME INDEX LACI CONNER SCOTT TRIAL VERDICT LACI'S FAMILY LACI'S ALBUM |
| By Harriet Ryan of Court TV |
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| LACI & CONNER "My Thoughts and Prays are With Everyone That Knew and Loves Them." Missy ~ Gillam, MB. Canada ~ Guestbook |
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