Verdict & Polling of the Jurors

 

Penalty Phase

December 13, 2004

 

JUDGE: 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?

FOREPERSON: We have, your Honor.

JUDGE: Would you hand the verdict to Jenne, please? Read the verdict.

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: Number 6, is that unanimous verdict of the jury with respect to the penalty phase?

FOREPERSON: It is, your Honor.

JUDGE: All right. Mr. Geragos, do you want the jury polled?

GERAGOS: Yes, please.

JUDGE: Would you poll the jury, please?

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.

CLERK: Juror Number 2?

JUROR: Yes.

CLERK: Juror Number 3?

JUROR: Yes.

CLERK: Juror Number 4?

JUROR: Yes.

CLERK: Juror Number 5?

JUROR: Yes.

CLERK: Juror Number 6?

JUROR: Yes.

CLERK: Juror Number 7?

JUROR: Yes.

CLERK: Juror Number 8?

JUROR: Yes.

CLERK: Juror Number 9?

JUROR: Yes.

CLERK: Juror Number 10?

JUROR: Yes.

CLERK: Juror Number 11?

JUROR: Yes.

CLERK: Juror Number 12?

JUROR: Yes.

CLERK: Your Honor, the jury has been polled and the verdict is unanimously affirmed.

JUDGE: You may enter the verdicts or the verdict. Verdict has been entered?

CLERK: It has.