Posted on 03/15/2004 5:37:18 AM PST by runningbear
I think it's all in the leg work ...whatcha think ?
Posted 3/16/2004 9:37 PM
Valued bond between client, lawyer eroding
By Jonathan Turley
While lawyers often are valued for such canine-like attributes as aggression, persistence and even viciousness, loyalty is their most essential attribute. With confidentiality, it represents a type of legal Hippocratic oath: that we will do no harm to our clients.
Two disturbing trends that reduce confidentiality guarantees have surfaced recently: a rise in the number of exceptions to attorney-client confidentiality and an increase in lawyers discussing cases at the expense of their former clients.
The latest example came this month in the case of Scott Peterson, who is on trial for the murder of his wife, Laci, and their unborn child. Judge Alfred Delucchi ruled that the prosecution could use audiotapes that police secretly recorded of Peterson speaking with his first attorney before he was charged. Peterson sought to have these tapes excluded as a violation of his attorney-client privilege, but Delucchi ruled that the content essentially was inconsequential.
Many Americans, no doubt, are eager to hear the tapes and gain glimpses of Peterson in his most unguarded moments. But the rapid loss of confidentiality in attorney-client discussions should concern us far more than what Peterson said to his lawyer. If people — or companies — are worried that their conversations might be used against them, they will lose trust in our government.
The attorney-client privilege, which goes back to the days of Elizabethan England, encourages clients to speak honestly with their lawyers so the attorneys can give legal advice and stop the clients who are contemplating questionable acts. But if the confidentiality of citizens' conversations with their attorneys can be subject to case-by-case waivers — as Peterson's has been — Americans never will really know what will happen to the information they provide to their lawyers. That possibility naturally will encourage clients to be less candid. For lawyers, the loss of guarantees of confidentiality creates a real possibility that their representation could harm a client. In the Peterson case, the lawyer actually became a tool of the police by lowering his client's defenses after giving him what turned out to be a false assumption of confidentiality.
Laci Peterson Case Information
Laci Peterson Case Information
A Summary of the People, the Events, and the Places and the Things That Define the Laci Peterson Investigation and the Case of the Century: The People of the State of California v. Scott Lee Peterson
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Two-thirds of jurors have been excused
Article Last Updated: Friday, March 12, 2004 - 3:43:20 AM PST
Two-thirds of jurors have been excused
By Jason Dearen, STAFF WRITER
REDWOOD CITY -- After the first week of jury selection in the Scott Peterson double-murder trial, about two-thirds of people called as prospective jurors have been excused for financial or other hardships.
"We finished the first wave. We've got through 1,000 jurors. About two-thirds of those have been excused right off the bat for various reasons," said defense attorney Mark Geragos outside the Hall of Justice on Thursday.
The large number of excused jurors -- 404 out of 600 were dismissed in the first three days alone -- highlights the laborious process involved in finding 12 people who can afford to sit in court for six months, not to mention the difficult task of identifying people who have not already formed strong opinions about the high-profile case.
"(Now), the prosecution and defense will cull out those who make the grade and those who don't," Geragos said. Attorneys have next week off to examine the questionnaires of those jurors who have not been excused on hardships.
Starting March 22, the remaining jurors will be questioned individually by the judge and attorneys on both sides. The first question they will be asked is if they would be able to sentence Peterson to death if he is found guilty.
In addition to the high number of excused jurors, Geragos said this week that his review of the questionnaires shows a high prejudgment rate -- the number of jurors in the pool biased against his client. Geragos said he plans to file a motion next week seeking a change of venue or other remedies to the problem.
"The message was clear up front this was going to be a tough jury selection," said Paul Lisnek, a Chicago-based jury consultant. "People don't want to be tied up for six months."
But Judge Alfred Delucchi is still confident a jury can be seated in San Mateo County and has indicated he will call as many people as needed to find 12 jurors and six alternates. "This is a difficult case, granted. But I'm sure it can be handled by the people of San Mateo County," he said during his introductory comments to prospective jurors.
Peterson, 31, faces the death penalty for allegedly murdering .....
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318 potential jurors remain -- 683 have been excused
State Supreme Court refuses to allow TV in court
Chronicle Staff Report
Thursday, March 18, 2004
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The potential jury pool in the Scott Peterson murder trial has been whittled down to 318, court officials announced Wednesday.
Judge Alfred Delucchi expects to seat a jury of 12 and six alternates from that group.
Exactly 1,000 San Mateo County residents appeared in the Redwood City courtroom between March 4 and 11. After filling out lengthy questionnaires, 683 were excused from service, citing such things as financial hardship, child care or health issues.
Case to resume Monday
On Monday, the case is expected to resume when lawyers from the two sides begin questioning potential jurors individually. The grilling is expected to include questions about whether they could vote to impose the death penalty, their views on Peterson and how closely they've followed the highly publicized case.
Peterson, 31, is charged with murdering his 27-year-old wife, Laci, and the fetus she was carrying. He could face the death penalty if convicted.
In another arena, the state Supreme Court turned down a request Wednesday by Court TV and other cable and broadcast networks to allow cameras into the trial.
The networks appealed a Feb. 2 decision by Judge Alfred Delucchi to exclude television and still photo coverage. Delucchi said cameras would make jurors and witnesses "antsy'' and would interfere with the orderly conduct of the trial. The prosecution and defense both opposed camera coverage.
Court papers
In papers filed with the state's high court, attorneys for the networks said that Delucchi's concerns were unfounded and that his decision .......
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Ping others to view too! Been busy at work, and just haven't read or heard much on the trial coverage... Getting tuff to find news on this case until maybe once it starts..
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