Posted on 10/28/2004 5:31:18 AM PDT by runningbear
Jurors may be told to consider lesser charges against Scott Peterson
REDWOOD CITY, Calif. — Jurors weighing first-degree murder charges against Scott Peterson will likely have the option of finding the fertilizer salesman guilty of second-degree murder, greatly increasing the chances of conviction in the eyes of legal experts.
Judge Alfred Delucchi has scheduled a conference with lawyers for Friday to finalize the charges presented to the panel, but lawyers who have followed the case say rulings by the state's Supreme Court leave the veteran capital trial judge little choice but to add the lower count to the verdict form.
Even if Peterson's defense opposes the second-degree charge — which they are expected to do — the judge is to give jurors that choice if he feels there is "substantial" evidence that could support such a conviction.
"The judge would be derelict in his duty if he didn't instruct on both first and second-degree murder," said former San Mateo County prosecutor Dean Johnson. "Both crimes are clearly supported by the evidence."
Story......
Also, hate to promote CBS, but 48 HOURS is having a documentary on Saturday, Oct 30th on the Laci Peterson murder.
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No witnesses take stand during prosecutors' rebuttal in Peterson trial
REDWOOD CITY, Calif. — Testimony in Scott Peterson's murder trial ended with a whimper Wednesday after the final witnesses were replaced at the last minute by brief summaries read to the jury by the judge.
Prosecutors had planned to call seven or eight people to the stand to rebut the defense's case, which wrapped up Tuesday, but after an hour-long closed door hearing with lawyers, Judge Alfred Delucchi told jurors they would instead hear four stipulations.
"You'll be glad to know that in this space of time the attorneys have gotten together and stipulated to all the testimony this afternoon," he said.
He did not explain his decision.
Story continues ........
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No rebuttal witnesses called in Peterson case
Attorneys on both sides of the Scott Peterson double-murder trial decided it wasn't necessary to put on rebuttal cases today.
The prosecution was expected to put on several witnesses, after which defense attorney Mark Geragos could have called his own rebuttal witnesses to the stand. But the attorneys reached an agreement with the judge in chambers to simply tell the jury the substance of what one witness was going to say had he taken the stand. They also agreed to admit certain pieces of evidence into the record, making them available to jurors if they have questions once deliberations are underway.
The brief court session, which began about 1:35 p.m., was finished within 10 minutes......
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Defendant's mother, brother denounce analyst, prosecutor
AS TRIAL WINDS TO A CLOSE, STRESS SHOWS IN RELATIVES
The last day of Scott Peterson's double-murder trial before closing arguments ended quietly inside the courtroom Wednesday when both sides decided against presenting rebuttal witnesses. But outside the Redwood City courthouse, Peterson's mother and brother spoke out in anger and frustration.
His mother, Jackie Peterson, referred to a legal commentator as ``swine,'' and his brother, John Peterson, accused the prosecutor of dirty tricks.
The strain of the five-month trial, in which family members are under a gag order and legal commentators rule the airwaves, is taking its toll. Closing arguments begin Monday. By Wednesday, the jury is expected to begin deliberating whether they believe Scott Peterson killed his pregnant wife, Laci, and their unborn child.
Jackie Peterson -- who had taken the stand earlier this week in her son's defense -- appeared ready to take on the legal commentator who suggested she lied on the stand earlier this week to protect her son........
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Jurors sigh in relief -- no more witnesses
Prosecution waives rebuttal -- closing arguments Monday
Testimony in Scott Peterson's double-murder trial came to an anticlimactic close Wednesday when prosecutors opted not to offer a rebuttal case.
After Peterson's lawyer Mark Geragos rested Tuesday, prosecutors promised to call eight more witnesses, who were expected to rebut evidence and testimony offered during the brief defense case.
But after the two sides met for an hour Wednesday afternoon, Judge Alfred Delucchi said no new witnesses would be called beyond the 180 who have already taken the stand. Jurors smiled in relief.
"If the prosecution takes the position that there was no important evidence in the defense case, then they should not dignify the defense case by presenting rebuttal evidence,'' said Chuck Smith, a former prosecutor who has been following ........
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Developments Wednesday in the Scott Peterson case
WHAT'S NEXT:
Evidentiary hearings are set for Thursday, out of the jury's presence ..........
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(CBS/AP) Scott Peterson's lawyer wrapped up his case without calling his client to testify, instead relying on experts and family members to show why the former fertilizer salesman didn't kill his pregnant wife, Laci.
After the abrupt end of the defense case, Scott Peterson's family left the courtroom expressing confidence, reports CBS News Correspondent John Blackstone.
Asked if he felt good about the job done by the defense attorneys, brother John Peterson replied, "Absolutely, and the truth will set Scott free."
Mark Geragos questioned the last of 14 witnesses Tuesday, the sixth day of testimony for the defense.
But Geragos did not fulfill his opening-arguments pledge to prove that Peterson did not kill his pregnant wife Laci.
"Mark Geragos made some promises in his opening statement — the baby was born alive. Not one wit of evidence about that. He would turn ........
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After 5 long months, 174 prosecution witnesses and 14 defense witnesses, testimony in the Scott Peterson murder trial has officially ended. Both sides were expected to present rebuttal witnesses today, but surprisingly did not. The judge called-in the jury for only 10 minutes today and told them the "attorneys have gotten together and stipulated all of the testimony, so that precludes the necessity of calling-in any witnesses." Basically, the judge decided to sum-up what the witnesses were supposed to testify to. The jury looked shocked. They were expecting to hear more witnesses today. But deep inside, they are probably relieved the testimony is over. The judge said they could go home for the rest of the week and wouldn't have to be back until Monday for closing arguments. .........
PINGING........Wednesday's news for today's....
PINGING........Wednesday's news for today's....
PINGING........Wednesday's news for today's....
Mark me down for a conviction. No way that jury doesn't convict him, and in short order too.
Just takes one juror. Call me cynical, but I think there will be one.
Slam dunk if Second Degree is a "lesser included."
Hung jury, 10/2 for conviction, if only First Degree is available.
Yeah sure they oppose it...they should consider it a gift...the gift of life in prison. Far more than Snotty gave to Laci and Conner.
Thanks for all your pings RB...and you do it all soo early, I have trouble opening my can of COKE at this hour ! Geragross's all or nothing tactic was his last attempt at challenging the Jury and now they should feel free to give this loser LIFE w/o having the burden on their minds since Scott managed to do all this undercover with no witnesses
Did anyone catch Cyril Wecht's (sp?) appearance on Greta last night? He was foaming at the mouth that prosecutors did not prove their case and that their medical expert could not conclude if Connor was born alive. Frankly on cross his conclusions may have been dismissed as well and perhaps that's why he wasn't called. In any event I was surprised to see a potential witness, undoubtedly under the gag order, go on national TV to fight for the defense.
Aww Vel, I can feel the love!!
But your talking like your going somewhere...ping me along....please!!!
was this the broad hanging all over Geragross as he was walking from the court ? She makes me ill, just climbing all over that freak with Jackie Peterson in front, looked like a rerun of Animal House w/ real animals !
"Gloria made it clear right after Wecht's rant that it was highly inappropriate for a member of the Defense team to take his gag off before the end of the trial."
His behavior last night turned my stomach. IMO he is "testifying" on tv hoping that it filters down to the jury before they are sequestered. We'll probably see him yakking all weekend on tv until or unless the judge shuts him down. Questions on cross: Isn't it true Dr. Wecht that babies have very soft malleable bones in the head? Isn't it true that the baby's skull would likely be gelatinous after decomposing in the bay?
That be the chickadee!! Kills me what some women would do to get ahead of the game.
Here is Wecht's rant/meltdown.
http://board2.courttv.com/showthread.php?s=&threadid=174777
they outta get a room !!!! Mrs Geragross can use that little episode in HER divorce lol
I think Aphrodite is just gaga for Geragos and has some 'undercover' information. ~wink, wink~
Not going anywhere, Jackie.
Just felt like giving everyone here some {{hugs}}. ;-)
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