The jury "reccomends" Scott Peterson to Death Penalty

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#2
http://www.cnn.com/2004/LAW/12/13/peterson.case/index.html

Jury recommends death for Peterson



REDWOOD CITY, California (CNN) -- A jury recommended Monday that Scott Peterson, the former fertilizer salesman whose case grabbed national headlines, be sentenced to death for killing his wife.

The announcement of a jury decision came on the third day of jury deliberations over the sentence.

Earlier Monday, jurors asked to see autopsy photographs of Peterson's 27-year-old wife, Laci, and their unborn son, Conner.

The jury of six men and six women also asked San Mateo County Superior Court Judge Alfred Delucchi if they could see photographs of the shore of San Francisco Bay where the bodies were found separately in April 2003.

The jury requested the last known photograph of Laci Peterson, taken about a week before was reported missing on Christmas Eve 2002, and for Laci's original medical file. She was eight months pregnant at the time. (Timeline)

The jury deliberated longer in the sentencing phase -- about 11 to 11 1/2 hours -- than they did when they reached the guilty verdicts, which took just over seven hours.

The same jury that decided Peterson's sentence convicted him of first-degree murder November 12 in her death and of second-degree murder in the death of Conner. (Full story)

Peterson, 32, faced either the death penalty or life in prison without parole for killing his wife, Laci, and 15 years to life in prison in Conner's death.

During the guilt or innocence phase of the trial, jurors agreed with prosecutors' contention that Peterson strangled or smothered Laci and dumped her body into San Francisco Bay.

Jurors, who were sequestered during deliberations, had to unanimously agree on a death sentence.

At formal sentencing, set for February 25, Delucchi may override a recommendation of death and sentence Peterson to life in prison without parole, but he cannot override a decision of life in prison without parole.

The panel received the case last Thursday after instructions from Judge Delucchi and closing arguments from prosecutors and defense attorneys.

Calling Peterson "the worst kind of monster," prosecutor David Harris urged jurors Thursday to recommend that Peterson die for killing his wife.

Peterson's attorneys begged jurors to spare his life.

"Nobody feels ... that if Scott Peterson was a good golfer, that if Scott Peterson was a Cub Scout, that eases the murder of Laci and Conner," defense attorney Mark Geragos said.

"As I indicated to you, I'm not second-guessing any of your decisions. What we're saying is, that this is a life that has value."

Defense attorney Pat Harris told the jury Peterson "has a lot of good in him" and would be a good candidate to help others in prison.

"There's an opportunity to make something out of a life that has essentially gone wrong, a chance to see that others benefit from the positive part of Scott Peterson, some chance for him to do some good for the rest of his life," Harris said.

Prosecutors said the motive was Peterson's desire to live life as a freewheeling bachelor, unencumbered by a wife and child.

During the trial, jurors heard hours of taped telephone conversations between Peterson and his mistress, massage therapist Amber Frey.

During the penalty phase, Peterson's friends and relatives took the stand to plead for his life, calling him a kind person who could benefit others in prison.

Peterson's mother cried on the stand Wednesday as she begged jurors to spare her son's life.

"We would lose a whole family," Jackie Peterson testified. It "would be like they never existed ... such a waste, irreversible."

Prosecutor David Harris urged jurors to reject the argument that life in prison without parole would be worse punishment than death.

"If you have life, he gets to sit in a cell, read a book, write letters; he gets to have life," he said. "All the things that Laci and Conner would love to do, all the things that Laci's family would love to be able to share with Laci and Conner."

He noted that while others were praying for the safe return of Laci and her baby, "the man who knew where they were laughed and lied. ... He is the worst kind of monster."

California law prohibits jurors from considering the emotional effect on defendants' families when deciding on a sentence, and Delucchi instructed jurors not to allow sympathy to be a factor.

Still, CNN legal analyst Kendall Coffey said it would be difficult for jurors to ignore the level of emotion displayed by Jackie Peterson, Scott's mother, or by Sharon Rocha, Laci's mother.

"That's the law, but the jury has 12 human beings on it," said Coffey, a former U.S. attorney.

CNN's Rusty Dornin and Ted Rowlands contributed to this report.
 
#3
After the incredibly long appeals process, given California's execution rate he may very well end up dying in prison from old age awaitng the outcome of the potential death sentence.

Other than that, no other comment, I might hop on that soap box.
 
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