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Delucchi leans against change of venue
By Jason Dearen,
STAFF WRITER
Friday, April 16, 2004


After two alleged "stealth jurors" were dismissed from the Scott Peterson double-murder
trial in less than a week, Judge Alfred Delucchi said Thursday he will hear the defense
team's latest argument for moving the trial out of San Mateo County on May 7.


While Delucchi will hear the case for a change of venue, he indicated that his decision will
most likely not go in the
defense's favor. Delucchi let attorney Mark Geragos know that the
scheduled date will allow the defense a full week for an appeals court to hear the
issue before scheduled opening arguments in the trial on May 17.


Geragos' main argument for moving the trial is the existence of "stealth jurors" --
a term for people with an agenda who lie to get a
seat on the jury -- in the pool.

So far he has exposed two potential jurors suspected to have lied or omitted information.
Both have been excused, and Geragos insists more exist. "There are numerous
other stealth jurors," he said outside the Hall of Justice Thursday.


The defense will request that Delucchi grant one of three options to help offset what they
believe is a biased jury pool. One option is moving the trial. Geragos wants the case
moved to Southern California, where he says the case has received far less media attention.


Another request is to grant the defense more peremptory challenges. Each side
currently has 26, which allows them to excuse a juror for any reason.


His last idea is to seat two separate juries, one to decide Peterson's guilt or innocence and
another to determine a penalty if he's found guilty. Delucchi has denied this option once before.


Peterson is accused of murdering his wife Laci and their unborn child in 2002.
He could face the death penalty if convicted.


Delucchi also said Thursday that he wants to hear statements under oath of people who blow the
whistle on alleged stealth jurors. Both jurors who have been excused have been exposed by
people who contacted the defense. Geragos disagreed with the judge, arguing that
putting informants under scrutiny might dissuade them from coming forward.


But Delucchi had the last word.

"I'm supposed to accept (the defense's word) at face value?
I have the right to determine whether those statements are true," Delucchi said.
"I reserve the rights on any of these (informants). Who knows if they're bogus or not?"

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