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Juror 5 & Brent Rocha Hearing
In Chambers: Guilt Phase June 21, 2004
DELUCCHI: All right. This is the case of People vs. Scott Peterson. And let the record show that these proceedings are taking place in chambers. The defendant is present with counsel. There's been an issue raised about some, a videotape taken of the juror number 4 with, GERAGOS: 5. DELUCCHI: 5. With Laci Peterson's brother, Brent Rocha. I have subpoenaed the tape. And this is sort of after the fact, because it's been all over the media over this weekend. I saw it. They had juror number 5's face blocked out. But it appeared to me that there was no conversation, rather it looked more like a comment. So I think I'm compelled to follow up and see whether or not there's been any juror misconduct. Now, what I intend to do is bring in Brent Rocha first and find out what he has to say about the conversation, and then bring in juror number 5 and see what his version of the events are. And if it's completely innocuous, I will caution juror number 5 to, you know, be more circumspect about who he talks to. I doubt very much that he was talking about this case. So, let's bring in Brent Rocha. DISTASO: Judge, let me go get him because he doesn't know what's going on. DELUCCHI: Tell him. And Marylin has to, D. HARRIS: I told him. DISTASO: Oh, you did tell him? DELUCCHI: Marylin, Marylin has to swear him. Tell Marylin to come in and swear him, too. (Pause in proceedings) DELUCCHI: Mr. Geragos. I just handed Mr. Geragos a letter from the media. (Mr. Brent Rocha enters chambers) DELUCCHI: Hi, Mr. Rocha. ROCHA: Good morning. DELUCCHI: We're going to pursue that issue at the security checkpoint. ROCHA: Okay. DELUCCHI: First we got to swear you. 6 Want to swear him, Marilyn, okay? ROCHA: Do I need to stand? DISTASO: Yes. CLERK: Raise your right hand. Do you solemnly state that the evidence you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God? ROCHA: Yes. CLERK: State and spell your name for the record. ROCHA: Brent Rocha, B-R-E-N-T, R-O-C-H-A. CLERK: Thank you. DELUCCHI: Okay. Mr. Rocha, I'm sure you're aware by now that there was some big tumult, some issue about an alleged, they call it a conversation, at least the media has. It looked to me more like a comment between yourself and juror number 5. ROCHA: Uh-huh. DELUCCHI: At the security checkpoint. I believe it was Wednesday morning. ROCHA: Wednesday or Thursday morning. DELUCCHI: Wednesday or Thursday. Can you tell me, just in your own words, what happened? ROCHA: Well, the gentleman, I was waiting for my items to be, come back off the conveyor belt, and he approached me off my left-hand side, and he all he said is I got in the way of your shot for the news today. That's the best of my recollection. DELUCCHI: He got in the way of your shot for the news today. ROCHA: I believe those were the words he used. DELUCCHI: Okay. Did he say anything to the words like You're going to lose today? ROCHA: No, it wasn't "lose," it was "news today." DELUCCHI: Okay. ROCHA: And it wasn't a sporting event. It wasn't regarding the case. DELUCCHI: Okay. And did you make any comment in response? ROCHA: Yeah. I said Well, at least they're not bugging you yet, with regard, referring to the media. DELUCCHI: Okay. GERAGOS: That was prophetic; "yet." ROCHA: Yeah. DELUCCHI: And that was the sum and substance of what happened? ROCHA: That's, not word for word. DELUCCHI: I understand. But you weren't talking about the case? ROCHA: No. DELUCCHI: Can you tell me again briefly what he said to you? ROCHA: Well, I'm certain he said I got in the way of your shot. DELUCCHI: I got, I got, ROCHA: In the way of your shot. DELUCCHI: in the way of, GERAGOS: Actually, what was the other thing you said? The news? ROCHA: The remaining part was For the news today. GERAGOS: Yeah, For the news today. DELUCCHI: For the news today. And my understanding was, in talking to some of the court attach‚s, is that there were a whole bunch of cameras when you guys were walking through the security checkpoint, taking your pictures? ROCHA: Yeah. And that's probably what happened. DELUCCHI: And that's what happened. ROCHA: Yeah. DELUCCHI: And that was the sum and substance of the discussion at all, and then went your way and he went his way, right? ROCHA: Yeah. DELUCCHI: That's all I wanted to know, Mr. Rocha. Thank you. We'll put you back outside. (Mr. Rocha exits chambers) DELUCCHI: Okay. You guys want to bring in juror number 5, please. GERAGOS: Starting to appear that the "no spin zone" apparently spun out of control. (Juror 5 enters chambers) DELUCCHI: Come on in. Hi, juror number 5. JUROR 5: Hey. I hear I'm a popular guy this week. DELUCCHI: Yeah, you are. Why don't you have a seat. We need Marylin in here. Want to swear you in. JUROR 5: Do I need to stand up? DELUCCHI: No, no, we just want to swear you. Just has to be on the record. GERAGOS: Did we lose Marylin? Where did she go? DELUCCHI: She went back in the courtroom. (The Clerk enters chambers) DELUCCHI: Marylin, you want to swear juror number 5, please. CLERK: Yes. Stand and raise your right hand. JUROR 5: See, I told you I'd have to stand. CLERK: Raise your right hand, please. Do you solemnly state that the evidence you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God? JUROR 5: I do. CLERK: State and spell your name, for the record. DELUCCHI: We don't need his name. He's juror number 5. CLERK: Okay. JUROR 5: Juror number 5, That's J-U-R-O-R, DELUCCHI: F-I-V-E. Juror number 5, you're probably aware now about, you're probably aware now about this big to-do about your meeting with Mr. Rocha, JUROR 5: Uh-huh. DELUCCHI: at the security checkpoint. That happened, what was it, Wednesday or Thursday morning? JUROR 5: Thursday. Thursday morning. DELUCCHI: Thursday morning. And I've had the opportunity to see that tape, and it looks to me like it was just a comment, not a conversation, but, wait, before I get there. Can you tell me in your own words what transpired? JUROR 5: We walked in the checkpoint. DELUCCHI: Yeah. JUROR 5: And when I had got to the other side, he was there, and he said Good morning. DELUCCHI: Uh-huh. JUROR 5: And I looked at him and I said Morning. And when I saw him, the camera was right there, and I said Ah, I'm ruining all your shots, I guess you're not going to be on the news tonight. And he said Good, and walked the other way. DELUCCHI: Okay. Did you ever say You're going to lose today? JUROR 5: No. DELUCCHI: Okay. JUROR 5: I said You're not going to be on the news today, or tonight, or one of those. DELUCCHI: Did you ever say something in, to the effect of I got in the way of your shot for the news? JUROR 5: Well, I said I'm ruining your shots. DELUCCHI: For the news. JUROR 5: Yeah. I'm ruining their shots for the news. DELUCCHI: Okay. JUROR 5: Or I said I'm ruining their shots, I guess you're not going to be on the news tonight. DELUCCHI: Something like that. JUROR 5: Yeah. And he said Good, and walked off. DELUCCHI: And he took off. And was that the nature and extent of the conversation? JUROR 5: Yeah. And you know what, since I'm here, and all the other jurors want me to say this, and I want one of y'all to get on the news to say I don't say Yo, yo, what's up, Peeps to anybody. Especially, that's the report. GERAGOS: That's what, that's what, trust me, that's what, DELUCCHI: I know. GERAGOS: this is exactly what drives me insane. There is so much inaccurate reporting about what's going on, I'm going to go on a rant today in front of them, and I want to be relieved from the protective order so that I can go outside and blast them, because this is ridiculous. DELUCCHI: Blast them in the courtroom. JUROR 5: My girlfriend wants to kick the crap out of the Court TV lady. She, apparently I walked up to him in the courtroom and said Yo, yo, peace out. DELUCCHI: You mean to Scott Peterson? JUROR 5: To Scott Peterson, yeah. GERAGOS: Which never happened. JUROR 5: And that's stupid. I mean, I have never said two words. And then the nod thing, I've greeted you, I think I've seen you, DELUCCHI: By "you" you mean, JUROR 5: Yeah, everybody has, DELUCCHI: Yeah. JUROR 5: basically it's smile and nod. I don't walk up and, DELUCCHI: Yeah. No, I'm aware of that. When you, when you file in, I'm still here waiting for, JUROR 5: Yeah. DELUCCHI: all the jurors to take their places. Then when you're all seated, I come out. JUROR 5: Yeah. DELUCCHI: So I don't see what's going on in the courtroom. I also understand it's human nature. JUROR 5: Yeah. GERAGOS: But I also, I also want, for the record the, there's a report in the Modesto Bee that says that he came up to me and whispered at the podium in my ear. Did that ever happen? JUROR 5: And put my arm or touched him or something. My girlfriend told me that. And the other thing, too, and it's not just me and this is not the only time this has happened; there's actually a picture somewhere of me with Amy underneath my arm and Brent on this side of me, talking to juror number 6. And what happened was we were walking through the front door and Amy snuck in under my arm, and what, Brent was on this side and actually spoke to juror number 6 and said Oh, you're part of the jury. The cameras are right here, and he said Oh, you're part of the jury. And 6 said Yeah, don't tell anybody, and he goes Don't worry, I won't. That was on TV. And so this isn't the first time. We've been on elevators together, we've been in bathrooms together, we've been in the hallway together. DELUCCHI: Okay. You've never discussed the case with anybody? JUROR 5: No. No, not at all. DELUCCHI: Okay. Now, here's what we're going to do today. I'm going to have to caution the jury out there not to make, I understand it's human nature; we've been together now for, JUROR 5: It's crazy. DELUCCHI: three weeks. You're looking forward to a long time here. Even when the jury files by, they'll see me, say Good morning, Judge. That's fine. e 11 Some certain civility is necessary. And also, you know, it's the human nature to acknowledge somebody if you see them all day long. I mean that's, that happens. The point is you haven't discussed the case with anybody? JUROR 5: No. DELUCCHI: And I just want to caution you again, that even if you see somebody like Brent Rocha, just don't say anything. And I'm going to, when I go out there this morning, I'm going to remind this jury that, even though they may consider it to be an innocuous comment, so we don't get into a lot of problems, just to avoid even, even, even seeing the lawyers, you know, just, you can nod your head or something, but don't, don't have any conversation with them. 2 You haven't done anything wrong out there, any juror misconduct, so I wouldn't worry about that. JUROR 5: Mm-hmm. But one of y'all got to get out there, I don't say Yo, yo, Peeps. That's just, DELUCCHI: Well, this is going to be public record, so this will come out that you didn't say that; okay? Okay. And as far as you're concerned, you're still fair and impartial in this case? JUROR 5: Yeah. DELUCCHI: You haven't been influenced one way or the other? You're still waiting to hear the evidence before you make up your mind? Is that a fair assessment of your position? JUROR 5: Yeah. GERAGOS: Can I ask a couple of questions? DELUCCHI: Yeah, go ahead. GERAGOS: There's been so much publicity over the weekend about this supposed incident, and I assume, based on what you're telling me, your girlfriend obviously has heard about it. JUROR 5: Yeah. Not just her. GERAGOS: Okay. And I assume that your friends and family are aware of it? JUROR 5: Yeah. GERAGOS: Okay. And it's because they basically described your, where you worked and everything else, so everybody understands who you are? JUROR 5: Well, the, what it was, too, was apparently, like, when they showed it nationally, they fuzzed my face out. DELUCCHI: Yes. JUROR 5: But when, if you continue watching, they follow him, and then you see me walk behind him and I'm not fuzzed out. And so when they were thinking Was that (name redacted)?, when they saw me walk behind, they went That's him. I'm sorry. That's not my name. I'm juror number 5. DELUCCHI: That's right. JUROR 5: But, you know, just that; and then, yeah, the, the Court TV lady apparently is the bad one. She's really ripping into me good about, I don't know. DISTASO: Actually, I'm sorry. Before we go 20 on, I'm watching the transcript. His name is in there. Can we delete that? DELUCCHI: Yeah, we'll have that omitted. Leave that out. GERAGOS: Is there, do you feel any pressure one way or another because of the, because of this heat? JUROR 5: No, not at all. I just think it's a joke. An absolute joke. GERAGOS: And do you, my fear, obviously, and I think theirs as well, we don't want to get into a situation where the media, you know, I mean they've totally manipulated this situation already. JUROR 5: Yeah, they have. GERAGOS: Is there, are you able to, I mean when your friends and family come up and talk to you about it, are you able to tell them, Look I just can't, JUROR 5: Yeah. I spent the whole weekend going Shut up, you know, Don't worry about it, and in the end it will all come out. But I've enjoyed listening to the stories. DELUCCHI: Okay. JUROR 5: They've kind of, you know, not given me full-blown, but I guess the big thing that everybody is mad about is the Court TV lady. Apparently she's not too cool on me, so, the Yo, yo, peace out. DELUCCHI: And you deny ever saying anything like that? JUROR 5: Ask anybody. I think if I walked in the courtroom and said Yo, yo, peace out, and gave him a high five, or whatever they said I did, I think they'd notice. GERAGOS: I think Distaso, JUROR 5: Yeah, I would be tackled in the room and tossed out; but that never happened. DELUCCHI: Okay. Well, this is going to be public record, so they'll know what your position is, okay? So we're going to put you back in the jury room. You haven't done anything wrong, as far as I can tell. Okay. We'll let you go back into the jury room with the others. JUROR 5: Thanks. Can I address the media when I walk in there? DELUCCHI: No, no, you can't. Remember what I told you, now, you can't talk to anybody. (Juror exits chambers) DELUCCHI: Okay. All right. DISTASO: I don't know, Judge, should we, is there a way to get them to come in a different entrance or something? GERAGOS: I'm, DELUCCHI: I've already, GERAGOS: Can we go over, I want to address Forcum with you now, and I don't know if, I, I, I'm serious, I don't want to do another thing until I address Forcum. DELUCCHI: The sheriff's department has to be part of this because they're the ones in charge of bringing these, they've had a real, I can tell you, because I've tried to get the jury a little more insulated, but it's been very difficult. GERAGOS: I think we need to address Forcum, and I think I need to talk to Forcum. DELUCCHI: All right. That will, that will end, end the proceedings in this, for this hearing right now. I'm not going to order this portion sealed. All right. (Pause in proceedings) DELUCCHI: All right. The record should reflect now that this is part two of these proceedings, that the defendant is present with counsel, and Mr. Geragos is going to be requesting a, GERAGOS: I'm going to be requesting an informal meeting, or if he wants it on the record, with the presiding judge, Judge Forcum, regarding a proposed decorum order regarding the media, DELUCCHI: Insinuating themselves. GERAGOS: insinuating themselves into this case. And I'm going to waive my client's appearance. He's sitting here right now; he's got no problem with that. I don't know that he's entitled to be present on a decorum order issue. DELUCCHI: Well, let's get a waiver on, GERAGOS: Nevertheless, Mr. Peterson, you understand what I've just said? DEFENDANT: I understand what's going on. I'll waive my presence. GERAGOS: You'll waive your presence? DEFENDANT: No problem. GERAGOS: All right. May I be excused temporarily? DELUCCHI: All right. So why don't you go, and I suggest you take the DAs with you and you can, D. HARRIS: We're going. DELUCCHI: talk with Judge Forcum about a possible decorum order, and then we'll wait until we hear. I assume he's available this morning because it's, now it's 25 minutes to 10:00 and we haven't even started yet. GERAGOS: I'll report again. Thank you. (Recess taken) |