Posted on 11/12/2004 5:07:03 AM PST by runningbear
Source: Peterson jury foreman wanted to be taken off panel
REDWOOD CITY, Calif. (Court TV) — The foreman dismissed from the jury deliberating murder charges against Scott Peterson Wednesday asked to be removed from the panel, a source close to the case told Court TV anchor Kimberly Guilfoyle Newsom.
"This juror wanted off the case," Guilfoyle Newsom reported Thursday.
The panelist, identified as Gregory Jackson, 46, quit the jury after his fellow jurors said they wanted another panelist to lead them, the source told Guilfoyle Newsom.
"He was removed as the foreperson and then decided he wanted off the case," Guilfoyle Newsom said.
Story continues ......
The courthouse was closed Thursday because of the Veteran's Day holiday and jurors remained in sequestration at their hotel. The panel is not permitted to discuss the case except in the jury room........
Actually, I was on one in Contra Costa for a month, and it was pretty hard core for a jury. A geologist (me) three retired cops, and a granny who had beat some guys ass and then shot him 3 times with his own gun when he tried to abduct her and her daughter, were among the chosen.
I think they get lame juries for these big cases because they need to troll out all of the actual "have a real job" people who will say pretty much anything to get off the jury. As for me, I had 2 weeks paid JD, then I worked 40 hours a week evenings and weekends after that ran out. The hardest part about sitting through the voir doir pool is not jumping up and shouting "You weasel sack of S***!" when someone ahead of you lays it on deep to get out of it!
As for stress, you must not know many people in high speed, low drag jobs in the CA area, there are times I can SEE the gray hairs sprouting! :-)
P.S., the retelling of the grandma's tale earned her a near standing O in a packed courtroom!
There must be a hell of a lot of unreleased evidence in that trial because I figured for sure they would aquit or hang. What do you think the appeals will hold with the late axing of jurors?
Justin also continued the "Disturbing" rumors about jury misconduct with #5 .....so, when Rita questioned him again as to how JF felt now, as 24 hours before the verdict he was predicting a not guilty and seemed to feel so differently about #6--JF started to get red in the face, said emotion again, etc, that he always said there was going to be a verdict. Then he went on to talk about how disturbing it is that they, the jurors were talking and thinking about book deals.
Here is where I think he is going and where MG wants to use him to do damage: JF stated absolutely they all discussed writing books etc while he was still on the case.
But of course, it was certainly fine for JF to discuss back then, but just "sinful" to hear of the final group having had thoughts of this.
At this point, Howard, the prosecution's guy stated "you just heard Justin take a nose dive." Just in looked red as a tomato, but couldn't think of a response. Rita closed out the segment. Howard finally said
LOL! Good one!
Prayers for Jessica bump. God bless and keep her.
From the infamous Mouser appeal case. Case law denying Mouser's claim that the jury acted improperly in visiting the location of where his step-daughter's body was found.-
In People v. Bogle (1995) 41 Cal.App.4th 770 (Bogle), a set of keys and a safe were introduced into evidence. The jury discovered that one of the keys on the key ring opened the safe. The appellate court concluded that the jury had not engaged in improper experimentation and that the jury’s discovery of the relationship between the key and the safe did not violate defendant’s constitutional rights. It explained that in light of the testimony presented at trial, “the jury was entitled to determine, from the evidence it was given, the character and extent of the defendant’s relationship to the safe. Trying the keys on the safe was an exercise in that pursuit, not a foray into a new field.” (Id. at p. 780.) Bogle relied in part on a Louisiana rape case, State v. Gaston (La. 1982) 412 So.2d 574. There, the victim identified defendant by a skin discoloration on his shoulder that she testified was visible because he was wearing a tank top when he accosted her. During deliberations, the jury asked and was permitted to see the defendant dressed in the tank top, which had been admitted into evidence. The reviewing court concluded that the jurors had not viewed new evidence; they “merely reexamined the evidence in a slightly different context as an aid in reaching a verdict.” (Bogle, supra, 41 Cal.App.4th at p. 781, citing State v. Gaston, supra, 412 So.2d at pp. 576-577.)
Great research,RG...With all the THs wailing about the jury changes and appeals..I heard others today saying that the judge is a careful judge and they feel confident it will not be overturned..
.I hate for the state and the Rochas to go through this again..but am confident of conviction if he gets a retrial.
APPLAUSE!
Nice find on the case law.
And what a coincidence that it's the Mouser case. ;-)
Keane saw little in the Peterson trial for a successful appeal. Trial judges have "wide discretion" to unseat jurors, he said.
"The judge would have had to have done something very arbitrary or whimsical or capricious or unjust," he said. "I didn't see any kind of error for the defense to jump on that's going to get any kind of mileage."
Whether the jury decides on death for the former fertilizer salesman, or life without the possibility of parole, will determine where Peterson may appeal, and perhaps his chance of success as well, legal scholars said.
If the jury decides against the death penalty, Peterson can appeal to a panel of the state appeals court. The state Supreme Court can then decide whether to take it up.
If he gets the death penalty, Peterson would have an automatic appeal to the California Supreme Court. That court, and federal courts, scrutinize capital cases far more closely than others. Indeed, critics blame such scrutiny for a condemned list in California that has grown to 635, the nation's longest. A few inmates have spent more than a quarter-century on death row.
"There'll be a paradoxical benefit for him if he's sentenced to death, in that he'll receive a more exacting review by the appellate courts," said Michael Mello, a Vermont Law School professor and former Florida capital public defender.
Peterson could cite various reasons to appeal conviction
Devil, where are you?
Yeah. I think you're right about Falconer being tied to the defense somehow (or David Sween). It was his release from the jury and his seemingly endless 15 minutes of fame that first cast a shadow on the prosecution. The TH ran with it because they had nothing else to talk about. He was dead wrong then and he knows less now. I think he'll be exposed as being a buffoon and the media will turn on him. Geragos' hopes hinged on Dr. Marsh, I'd say he and Falconer are in the same league.
Who is this creep Herskowitz(?), who looks and sounds like an undertaker? For whatever reason he keeps popping up everywhere. And why the sleepy Hammer? He is introduced as a former prosecutor, apparently now unemployed.
Now on talk shows there seems to be a big hassles to excuse spin his failure to bother to show up for Scott's verdict. Fieger was actually accused of "not liking Geragos" when he criticized this.
Greta tried to argue that he was needed for another trial. She sounded desperate to come up with anything. Is she a friend of Geragos? On Rita's show a blond woman with dark eyebrows kept saying that Geragos did not expect a verdict. What a stupid argument! It has long been noted by Cort TV anchors that juries often come in with a verdict on Fridays.
Who is this creep Herskowitz(?), who looks and sounds like an undertaker? For whatever reason he keeps popping up everywhere. And why the sleepy Hammer? He is introduced as a former prosecutor, apparently now unemployed.
Perfect analysis of Herskowitz. I've been trying to think of who he reminds me of, and all I can think of is the bad guy in Rocky and Bullwinkle, lol.
Yes, it is so much more important to be with your client in a criminal case than one for a death penalty verdict, don't you know?????
I cannot watch Greta (ok, I take a quick look if Feiger is on), but she was madder than a wet hen the night of the verdict. Whew, if anyone doubted before, it's clear where she stands.
Hammer appears to me to be the girl stood up for the prom...the jealousy is oozing out of every pour and honestly, second to Justin, he was really hoping for a not guilty so he could pile it on.
Has anyone given an explanation why JF keeps appearing on the shows?
Devil, you better check in...we're getting worried
RG, I just wanted to take a minute to tell you and everyone else how wonderful you are.
I an greatful to have "met" you!
Your a good guy!
I'll second that!
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