Monday, 13 Dec 2004
Exhibits the Jury requested to see
Judge Delucchi: For the record, to identify as Court Exhibit 51 the ex parte hearing that took place on December 2nd that was already sealed. And, just for the record, the following items of evidence have been requested by the jury: People's 96-A through E, 102-A through B, 103-A through B and 104. 261-D, number 14 and number 63. And they have been sent in to the jury room for their perusal, copies of these. Jury has resumed their deliberations. So just see what happens.
Judge Delucchi: This is the case of People versus Scott Peterson. Let the record show that these proceedings are taking place out of the presence of the jury. The defendant is present with counsel. As everybody in this courtroom is aware now, the jury has returned a verdict. When we excused you this morning about 11:30, we asked the media to leave the courtroom, because the jury usually eats their lunch in here. And about five minutes after the media left, I got a note from the jury that they had, indeed, arrived at a verdict. They wanted the jury verdicts. So we sent in the jury verdicts. We continued the case until 1:30 in order to receive the verdict.
Now, I know everybody is in a hurry out there to get this on the wire, whatever you got to do. But once the verdict is read, it's not over, because I still have to charge the jury, give them some instructions, compliment the jury, and so forth. So I don't want anybody to get up and try to leave. Because if you do, you are going to be in trouble. You are going to wait here until I leave the bench, okay? Because this has to be done in an orderly fashion. So I'm going to bring the jury in. I'm going to get the verdict. We'll read the verdict, whatever it is, and then I have to give the post-verdict jury admonition and another couple orders. Just so you will know, those jurors who want to talk to the media, they will be taken to another building. I think you all aware that's going to be, so you can go over there. And those jurors that want to talk to you will be available for you. The prosecution will remain in this courtroom, and Mr. Geragos and Mr. Harris will be in the courtroom next door if they are inclined to talk to anybody. So that's the way it's going to be. So I'm going to ask everybody, respectfully, to please remain seated until I leave the bench. Okay?
All right, bring the jury in. All right. This is the case of People versus Scott Peterson. Let the record show the defendant is present with counsel. The jury is in the jury box along with the alternates. Mr. Foreperson, has the jury arrived at a verdict with respect to the penalty phase in this case?
The Foreperson: We have, your Honor.
Judge Delucchi: Would you hand the verdict to Jenne, please? Read the verdict.
The Clerk: People of the State of California versus Scott Peterson. We the jury in the above entitled cause fix the penalty at death. Dated December 13th, 2004. Foreperson, Number 6.
Judge Delucchi: Number 6, is that unanimous verdict of the jury with respect to the penalty phase?
The Foreperson: It is, your Honor.
Judge Delucchi: All right. Mr. Geragos, do you want the jury polled?
Mark Geragos: Yes, please.
Judge Delucchi: Would you poll the jury, please?
The Clerk: Ladies and gentlemen of the jury, please answer yes or no as I call your juror number as seated
and ask the following question: Was the verdict as just read your true and individual verdict? Juror Number 1?
Juror: Yes.
The Clerk: Juror Number 2?
Juror: Yes.
The Clerk: Juror Number 3?
Juror: Yes.
The Clerk: Juror Number 4?
Juror: Yes.
The Clerk: Juror Number 5?
Juror: Yes.
The Clerk: Juror Number 6?
Juror: Yes.
The Clerk: Juror Number 7?
Juror: Yes.
The Clerk: Juror Number 8?
JUROR: Yes.
The Clerk: Juror Number 9?
JUROR: Yes.
The Clerk: Juror Number 10?
Juror: Yes.
The Clerk: Juror Number 11?
Juror: Yes.
The Clerk: Juror Number 12?
Juror: Yes.
The Clerk: Your Honor, the jury has been polled and the verdict is unanimously affirmed.
Judge Delucchi: You may enter the verdicts or the verdict. Verdict has been entered?
The Clerk: It has.
Jude
Delucchi's Discharge Instructions to the Jury
Judge Delucchi:
All right. Ladies and gentlemen of the
jury, on behalf of myself and the other judges on this bench -- sort of hoarse
here today -- I want to thank you very much for serving as trial jurors in this
case. I know what a difficult job this has been. You have been here for a long
time. You have heard a lot of evidence. You have heard the arguments of the
attorneys, and you know how difficult the decision is we asked you to make in a
case like had. We bring out of the community. You come in here cold turkey. We
run voir dire by you. We select you, and then we put you through this ordeal.
You were very diligent. There was never nobody got sick. Everybody was here on
time. I just can't believe how well you performed. I know it's a hard decision
for you to make. It's hard for me. It's hard for you. It's hard for the lawyers.
It's hard for the families. But it's something that you saw, and this is the way
you saw it, and this is the way it is. Okay? Now, I have an admonition for you
before you leave. Members and alternate members of the jury, you have now
completed your service as jurors in this case. On behalf of the Superior Court,
I want to thank you for your giving your time and efforts to the administration
of justice in this community.
You have the absolute right to either discuss or not to discuss the jury deliberations or verdict with anyone. However, be advised that, one, following discharge of the jury, the defendant, or his or her attorney or representative, or the prosecutor, or his or her representative, may discuss the jury deliberations or verdict with any member of the jury, provided that the juror consents to the discussion, and that the discussion occurs at a reasonable time the and place.
Two, any unreasonable contact with a juror by a defendant or his or her attorney, representative, or by the prosecutor, or his or her representative, without the juror's consent, must be immediately reported to me, the trial judge. Any violation of what I have just told you will be considered a violation of a lawful court order, and shall be subject to reasonable monetary sanctions. I have already sealed all the jury information, home address, your telephone number, all that has been sealed, will remain sealed pending review of this case by the Supreme Court.
There is one other thing I want to tell you about here. You are free to talk to the media if you are so inclined. And we have made arrangements if you want to. We'll take you go to a place. Jenne will make arrangements for you to talk to the media. Those of that don't want to talk will be returned to the hotel so you can go about your business, okay? Now, as you know, this case has engendered a great deal of interest by the public and, therefore, the media. If you are interested in speaking with the media, please advise the bailiff Jenne. The bailiff will take you to a room where the media will be present, and you may respond to questions.
Now, we are going to give you a handout. If you choose to speak with the media, you need to be aware of the following. Penal Code Section 1152 states that within 90 days of discharge, jurors shall not request, accept, agree to accept, or discuss with any person receiving or accepting any payment or benefit in consideration for supplying any information concerning the trial. And that juror shall promptly report to the Court any incidents within their knowledge involving an attempt by any person to improperly influence any member of the jury. Those include things like limousine rides to and from interviews, for example, gift baskets, food items, satchels shirts, transportation, including air and hotel accommodations and vacations. So for 90 days you can't accept any monetary benefit as a result of your service as a juror. After 90 days you can do whatever you want, okay?
Like I said, you can talk to the media today if you want to. You are not compelled to do so unless you want to. Okay? So I want to thank you all very much. And you are excused now. Thank you. Okay. When you leave then I'll leave the bench.