Defense attorney Mark Geragos wants the penalty phase of the trial moved to a new location and decided by a different jury, because he said the present jury has been tainted by crowds cheering outside the courthouse after the verdict in the guilt phase of the trial was announced.
Geragos also said the jury has also been tainted by the fact that Judge Delucchi delayed the penalty phase of the trial for a week and de-sequestered the jury "without warning" to attorneys in the case.
In his appeal, Geragos also pointed to the dismissal of the former foreman of the jury, who served as foreman for four days before he was replaced when the jury was told to start over after another juror was dismissed.
After he was replaced as foreman, Gregory Jackson asked to be removed from the jury. In court papers, Geragos quoted the foreman as saying, "My individual ability to (weigh both sides fairly) I think has been compromised to a degree that I would never know personally whether or not I was giving the community's verdict, the popular verdict, the expected verdict — the verdict that might, I don't know, produce the best book."
Appeal Could Delay Penalty Phase
On Monday, Nov. 22, the penalty phase of the Scott Peterson trial was scheduled to begin after he was found guilty of first-degree murder in the death of his wife, Laci Peterson, and second-degree murder in the death of their unborn son Conner.After the defense requested a change of venue on Monday, Judge Delucchi denied the motion and told the jury that the penalty phase would begin Tuesday, Nov. 30, after the Thanksgiving holiday.
Geragos appealed Delucchi's ruling and a three-judge panel promptly denied the appeal Tuesday, Nov. 23. Geragos then appealed that ruling to the state Supreme Court.
Court observers believe the appeal has little chance of succeeding. Because of the massive, nationwide media coverage of the case, there is no venue where a jury could be chosen that had not been exposed to details of the trial.
