Peterson defense may target jurors

REDWOOD CITY, Calif. - The jury that convicted Scott Peterson saw a man with two faces: in public, a loving father-to-be with a steady job and home; and in private, a cheating husband who yearned for bachelorhood and was willing to kill for it.

Convicted Friday of murdering his pregnant wife and her fetus, Peterson must now present a unified image on two fronts - he must convince jurors that his life is worth sparing while arguing to the courts that he was wrongly convicted.

Some experts said he might have a chance to win an appeal, given the dismissal of two jurors during deliberations. After his sentencing, defense investigators are likely to interview panelists, looking for signs of misconduct.

"These jurors are about to go under the microscope," said Loyola Law School professor Laurie Levenson.

Peterson faces life in prison or the death penalty for the first-degree murder of his wife, Laci, and second-degree murder of the fetus.

While the first part of the trial focused on evidence, the penalty phase, beginning Nov. 22, will be laced with raw emotion as rules of evidence that prohibit inflaming jurors are cast aside.

Testimony is expected from Laci Peterson's mother, Sharon Rocha, who will testify about losing a 27-year-old daughter and the grandson she was waiting for.

"She's going to get up there and she's going to break down. Her voice is going to crack," said Daniel Horowitz, a criminal defense attorney and regular trial observer.

Peterson is unlikely to take the stand and beg for mercy - doing that would require him to admit to the murders, and throw away any chance of arguing his innocence. Instead, testimony will likely include pleas from his parents to spare his life.

Jury consultant Ed Bronson said Peterson's defense attorney, Mark Geragos, will try to tap any lingering doubt over whether Peterson was a calculating killer. The defense is expected to remind jurors that the 32-year-old former fertilizer salesman has no criminal record or history of violence.

"Are you so sure that you are willing to kill this man?" Bronson said.

But even if jurors unanimously vote for death, Peterson might not be executed for decades, if ever. Only 10 executions have been carried out since California brought back capital punishment in 1978.

"You're more likely to die of natural causes on death row than be executed," Levenson said.

On appeal, Peterson's attorneys will likely focus on two key issues during deliberations, said former San Francisco prosecutor and trial observer Jim Hammer.

"The biggest issue is juror removals," Hammer said. "Kicking someone off the jury is one of the riskiest things you can do in a trial. . . . Two jurors in two days? I've never heard of that ... before."

The second point of appeal is the viewing of the boat prosecutors allege Peterson used to dump his wife's body into San Francisco Bay.

World and national headlines

© 2006 • All Rights Reserved • St. Petersburg Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 Contact the Times | Privacy Policy Standard of Accuracy | Terms, Conditions & Copyright