Peterson penalty phase begins
REDWOOD CITY, Calif. – Scott Peterson’s life now rests in the hands of the jurors who found him guilty of murdering his pregnant wife, and who are about to hear testimony much more laden with emotion than they did during the five-month guilt phase of his trial.
The penalty phase in Peterson’s case was set to begin today, 10 days after he was found guilty of first-degree murder for killing Laci Peterson and second-degree murder for killing her fetus. Jurors will choose between a life sentence or execution.
A delay was possible because defense lawyers filed a motion last week seeking to have a new jury seated in another county to weigh the sentence. The lawyers claim San Mateo County is too prejudiced against Peterson for this jury to be impartial. The judge planned to review the motion Monday morning.
The penalty phase is like a miniature trial, absent most of the typical rules of evidence. Unlike the guilt phase of a trial, it allows jurors to hear pleas for leniency and recollections of the victim.
This phase will begin with opening statements from both sides, followed by testimony from friends and family members and closing arguments, before the jurors are once again sequestered for deliberations.
“Witnesses are pretty much allowed to say whatever they want,” said Robert Talbot, a University of San Francisco School of Law professor who has observed the trial. “Laci’s family will be talking about the impact on their lives without Laci there and not having a grandchild. The Petersons are going to attempt to show there is something of value in him that shouldn’t be destroyed by the death penalty.”
Talbot said defense lawyers also are allowed to “argue lingering doubt,” playing to jurors who may still be somewhat uncertain about the prosecution’s case.
The Peterson penalty phase will be unlike most murder trials, where the convicted person has a history of violence, anti-social behavior or a childhood marred with abuse.
No testimony is expected from one of the prosecution’s star witnesses, Peterson’s former mistress, Amber Frey. Wiretapped telephone calls between Peterson and Frey played for jurors portrayed the 32-year-old former fertilizer salesman as a habitual liar and a cad.
Speculation that Frey would be a defense witness because of her apparent opposition to the death penalty is unfounded, said Frey’s attorney, Gloria Allred.