Juror 5 dismissed

 

Guilt Phase

June 23, 2004

 

JUDGE: All right. This is the case of People versus Scott Peterson. Let the record show the defendant is present with counsel. And the jury is in the jury box, along with the alternates. Before I invite any comments from Mr. Geragos, ladies and gentlemen of the jury, one juror has been excused. You are not to speculate as to the reason why that juror has been excused. You have all been questioned individually by the Court, and I want to reaffirm, and to strike home, or emphasize as much as I can, that you are not to listen to, read, or watch any media reports of this trial, nor discuss it with any representatives of the media or their agents. You are not to discuss this case among yourselves or with any other person, or form or express any opinions about this case. Now, you have to scrupulously observe that admonition. If you don't, it could lead to serious consequences with respect to this trial. So I have to rely on your integrity to follow the Court's instruction. It's not being given to you just in a flippant manner. It's very important. And I think this last experience should be -- should make everybody aware of how important this particular issue is. So what we're going to do now, we're going to seat the first alternate as Juror Number 5. First alternate will now be Juror Number 5. Mr. Geragos, do you want to address the Court, make your record?

GERAGOS: Yes, I do, judge. I would like to move for mistrial. I believe that the media has insinuated themselves into this case in a way that is unprecedented. I do not believe that the jurors should be called out. I don't believe the jurors should be called names on TV. I don't believe that the jurors should be interrogated or cross examined. I think it's an outrage. I have got a client who is on trial for his life. But these people have given up their life. They shouldn't have to be subjected to this. I think it's an outrage, what's going on in this case. I think the media has insinuated themselves into this case in a way that is unconscionable. I object in the strongest terms and move for mistrial.

JUDGE: All right. The motion for mistrial is denied. I think that the media is here, we have to live with the media. They do what they do, we have to do what we have to do. So that's the way it is.

GERAGOS: The problem is, is that the media is choosing off jurors, and I think that's outrageous.