Jurors in Scott Peterson's double murder trial have told the judge they may be unable to reach a verdict.
Judge Alfred Delucchi summoned jurors to the courtroom Monday, just an hour-and-a-half after they resumed deliberations for a fourth day. He told the panel he wanted to reissue instructions to them on several key points.
"Do not hesitate to change your opinion for the purpose of reaching a verdict if you can do so," the judge said.
"The attitude and conduct of jurors at all times is very important," he added. "It is rarely helpful for a juror at the beginning of deliberations to express an emphatic opinion on the case."
The jurors listened with serious, even grim expressions before they were sent back into the jury room to deliberate.
But trial observers speculated jurors are beginning to reach a deadlock.
"They're stuck," said Jim Hammer, a former prosecutor. The judge "clearly has indications that they're beginning to hang."
Earlier Monday, the jurors got to see up close the boat prosecutors claim Peterson used to dispose of his wife's body.
The defense asked for a mistrial after the boat viewing, when lawyer Mark Geragos claimed jurors violated the judge's order by doing "a juror experiment" when several panelists got inside the boat and rocked it from side to side. The judge quickly denied the motion.
Defense lawyers have argued that it would have been nearly impossible for Peterson to have heaved his wife's 153-pound body over the edge of the boat without tipping.
As an alternative to a mistrial, Geragos asked the judge to show jurors a videotaped experiment performed by the defense apparently showing that the boat would have tipped. Delucchi denied the motion.
Given that the boat was not in the water, "they should bear that in mind in their consideration," the judge said. "I think this works both ways. It can work for the prosecution's benefit. It can work for the defense's benefit."
Peterson is charged with two counts of murder in the deaths of his wife, Laci, and the fetus she carried. Prosecutors claim Peterson killed Laci around December 24, 2002, then sunk her weighted body in the bay.
Defense lawyers claim someone else abducted Laci and killed her, then framed her husband.
The sequestered jury began deliberations Wednesday and recessed for the weekend. Jurors were monitored in a hotel where they could watch only sports and movies on television, and could use a computer without access to the Internet. They were forbidden from discussing the case.
Jurors have two choices should they decide to convict Peterson -- first- or second-degree murder. First-degree convictions, carrying the death penalty or life without parole, would mean jurors believe Peterson planned the killings in advance. Second-degree murder convictions don't require a finding of premeditation, and carry sentences of 15-years-to-life for each count.
Also Monday, the presiding judge of the courthouse ruled against media attorneys who were seeking to have cameras stationed about 40 feet down a hallway from the courtroom. Last week, Delucchi banned television and still cameras from the courtroom for the verdict, but said he would allow a live audio broadcast.
This is about the same article as your Mark..but there is one slight difference, which I will highlight.
Jurors view boat, mistrial motion denied
BRIAN SKOLOFF
Associated Press
REDWOOD CITY, Calif. - Jurors in Scott Peterson's double murder trial on Monday viewed the boat prosecutors claim Peterson used to dispose of his wife's body, and resumed deliberations.
After the boat viewing, defense lawyer Mark Geragos sought a mistrial, claiming jurors violated the judge's order by doing "a juror experiment" when several of the panelists got inside the boat and rocked it from side to side. The judge quickly denied the motion.
As an alternative to a mistrial, Geragos asked the judge to be allowed to show jurors a videotaped experiment performed by the defense.
Peterson is charged with two counts of murder in the deaths of his wife, Laci, and the fetus she carried. Prosecutors claim Peterson killed Laci around Dec. 24, 2002, then dumped her weighted body from his small aluminum boat into San Francisco Bay. The remains of Laci and the fetus were discovered a few miles from where Peterson claims to have gone fishing alone the day his wife vanished.
Defense lawyers have argued that it would have been nearly impossible for Peterson to have heaved his wife's 153-pound body over the edge of the boat without tipping.
Geragos did a videotaped experiment apparently showing the boat would have tipped, but Judge Alfred A. Delucchi ruled against allowing him to show the video to jurors during the trial.
"The juror was in there. The juror was standing inside the boat, shifting back and forth," Geragos told the judge.
the judge had instructed jurors before deliberations began not to conduct any experiments.
"I didn't know they were going to jump up and down on the boat," the judge said.
"I don't want a mistrial ... I want to show my demonstration," Geragos replied.
Jurors viewed the boat and its trailer in a parking garage near the courthouse.
The judge said jurors "carefully examined the sides of the boat."
He then ruled against Geragos' motion for a mistrial or to allow jurors to view his experiment.
Given that the boat was not in the water, "they should bear that in mind in their consideration," the judge said. "I think this works both ways. It can work for the prosecution's benefit. It can work for the defense's benefit."
Jurors entered their third full day of deliberations at about 9:10 a.m. Monday. They got the case Wednesday afternoon.
The judge has decided to allow them to deliberate only Monday-Friday. Twenty-one bailiffs have been sworn in to watch over them throughout the process.
Jurors have two choices should they decide to convict Peterson - first- or second-degree. First-degree convictions, carrying the death penalty of life without parole, would mean jurors believe Peterson planned the killings in advance. Second-degree murder convictions don't require a finding of premeditation, and carry sentences of 15-years-to-life for each count.
Of course thats just my opinion....I could be wrong. (Dennis Miller)
"You might be the toughest little whacker. . .but in my world, you're about as worrisome as a cloudy day." (Dutch Dooley)
11-08-2004 07:50 PM
