Jury Panel Selected

May 27, 2004

JUDGE:  All right.  This is the case of People vs. Peterson.  Let the record show the defendant's present with counsel.  And before we start jury selection this morning, I have -- I'm not going to entertain the motions at this time because it's not the time to do it, but there's the motions filed by Mr. Geragos, and the response has been filed by the -- by the prosecution, and I intend to address those issues after we get this jury selected.  So I'm going to point out to counsel how I've done the courtroom.  If you'll look at the potted plant, Mr. Geragos.

GERAGOS:  I was going to -- I feel a kindred soul to it.

JUDGE:  That's juror number one is going to be seated in front of the potted plant.  It's going to be one, two, three, four, five, six. 

GERAGOS:  Okay.

JUDGE:  Seven, eight, nine, ten, eleven, twelve.  Unfortunately we have to put the sixth alternate on the end because of the -- because of the constraints as to space.  And then one, two, three, four, five.  Is everybody on line with that? 

GERAGOS:  Got it. 

JUDGE:  The only other thing I want to get out of the way is can we have a stipulation now on the record that whoever is seated -- ends up being seated as first alternate will be the first one seated in the event we have to substitute a juror?  Then we'll do it two, three, four, five accordingly, rather than by lot as provided for by the penal code? 

GERAGOS:  I'll stipulate. 

D. HARRIS:  We'll stipulate to that. 

JUDGE:  You'll stipulate. 

GERAGOS:  One other issue I had for clarification, as we get to the alternates, as we bounce the alternates out, the next one comes into their seat? 

JUDGE:  Yes.  The same seat.  Yeah, we're not going to have them move down.  There would be so much confusion. 

GERAGOS:  Right. 

JUDGE:  I already addressed that with the bailiff. 

GERAGOS:  Okay. 

JUDGE:  So say, for example, alternate number four is excused, when we fill the box, that next juror will take alternate number four's seat.  That's too confusing particularly under the circumstances.  We don't have enough room to do that, so we'll do it by seat. 

If alternate number three is excused, then the next juror called will be seated in alternate number three, so you always know. 

D. HARRIS:  Does the court intend to seat the twelve first? 

JUDGE:  Seat twelve.  Pick twelve off the random list.  Put twelve in the box, okay?  And then I'm going to say fine, make some comments, then I'll say challenge for the People. 

Excuse juror number six. 

Fill the box. 

Challenge for defense. 

Excuse juror number five. 

Fill the box. 

Prosecution. 

Just go right down the line. 

GERAGOS:  What if there's a motion? 

JUDGE:  What kind of motion?  Motion for what? 

GERAGOS:  Wheeler. 

JUDGE:  Well, then you bring that issue up and then we'll deal with it in chambers. 

GERAGOS:  Okay.   

JUDGE:  Okay.  With the defendant present. 

GERAGOS:  Okay. 

DISTASO:  Judge, let me address one thing.  Regarding the motion that was filed, I don' know if that motion --

JUDGE:  What motion that was filed?  Which motion? 

DISTASO:  The -- the -- Mr. Geragos's motion and my response. 

JUDGE:  Right. 

DISTASO:  I know we're not going to deal with that yet, but I would ask that if - if this motion has not been released publicly, I would like to redact those names. 

JUDGE:  It was filed -- okay, I think the --

DISTASO:  Because I do agree with Mr. Geragos that those names -- and, you know, it was an oversight on my part, I apologize to the court, and I would ask that

those be redacted at this point. 

JUDGE:  Okay.  Is this your motion that you filed yesterday? 

GERAGOS:  I accept -- I accept Mr. Distaso's apology. 

JUDGE:  What page are you referring to, Mr ? 

DISTASO:  Oh, somewhere towards the back.  Page nine. 

JUDGE:  You mean the ones page -- line 16, 17, so forth? 

DISTASO:  Yes, your Honor.  And, actually, in the beginning of the first seven lines there's, like, eight --

JUDGE:  Page five -- four, line four, line five, line six? 

DISTASO:  Yes, your Honor. 

JUDGE:  Okay.  Marylin, would you call --they were going to put this on the Internet this morning. Would you call and tell them they should blank out the names.  All the names on page nine, any name on page nine is to be deleted.  If they haven't already done so, they'll do it before they put it on the Internet. Now, Jenné, let me ask you the 64 dollar -- 64000 dollar question, that sort of dates me a little bit, but has anybody said -- come in here with a letter saying Gee, I can't serve on this jury because my Aunt Suzie is going to China, or something? 

DEPUTY CARNEVALE:  No, your Honor. 

JUDGE:  Nobody has.  Thanks.  Praise the Lord that that hasn't happened and we can get started.

CLERK:  I did get a call last week. 

JUDGE:  Oh, oh.  My clerk said she got a call.  From whom? 

CLERK:  I have to look.  They were supposed to provide a letter from the employer. 

JUDGE:  Provide a letter from his employer. 

CLERK:  That he would not get paid. 

JUDGE:  That he would not get paid.  He just found that out now? 

CLERK:  Yes. 

DISTASO:  We had that one juror, Judge, who was still kind of hanging fire on that issue. 

JUDGE:  Okay.  Well, we'll see, then.  So I'll come out here, and then we'll just start this out, and we'll start seating the jurors, and then we'll start with the challenges. And we're going to excuse -- instead of -- this is for the ease of the clerk.  Instead of saying we're going to excuse juror number 205, would you do it by seat? 

D. HARRIS:  We were going to try and do it by both just to make sure that --

JUDGE:  Well, if you can do it by both --

GERAGOS:  Yeah, I think I'll try and do the same so there's no confusion. 

JUDGE:  Okay.  So you say We will excuse juror number three, juror number 27.  Okay?  So they keep track of it. But I want you -- want you to excuse the juror by seat number so I know who you're talking to, so I can keep track for myself.  Okay.  Jenné, I'll take a short recess.  You want to bring in the potential jurors.  If that gentleman has the letter, let me see it, okay? 

DEPUTY CARNEVALE:   Yes. 

JUDGE:  Okay.

(Short recess while prospective jurors enter courtroom)

CLERK:  Good morning.  Can you hear me?  It's my turn to wear the mike today.  Do you all have your numbers?  Do you all know who you are?  I'm going to call your numbers.  I'll be with you in a minute.  Attorney time. (Pause in proceedings)  

CLERK:  Good morning.  I'm going to take roll call now.  Please respond when I call your number.  Don't be shy.  Yell it out.  Make sure everybody is here. 

(Roll call by the clerk)

CLERK:  Anybody's number I missed? Good.  Thank you. 

JUDGE:  Good morning, ladies and gentlemen of the panel.  Welcome back.  And this, as you all know, is the case of People vs. Scott Peterson.  First I want to say how grateful I am.  We've got a hundred percent attendance this morning, and that's wonderful.  I'm very grateful that you're all here and are taking this case as serious as the rest of us are.  You went through the Hovey voir dire and you know how much time and effort we went through to qualify each juror, so we're very grateful that you're here this morning ready to serve on this jury.  The way we going to do this is like this.  And we're going to put twelve people in the box off a random jury list.  We're going to call you by number.  These numbers have been scrambled so they're not in any particular apple-pie order.  It's just how they came out of the computer.  We're going to put twelve people in the box and Jenné will seat you.  So where that potted plant is over there is going to be where juror number one is going to sit.  Then we're going to go one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, until we get twelve seated.  And the alternates, we had to squeeze them in here.  That's a problem with the space in the jury box.  So we have one, two, three, four, five, and poor number six is going to be on the end over there.  So we're going to fill the box, and then what happens is, once we get twelve jurors in the box, then I'm going to ask for challenges for the People.  And then the People will say, for example, We're going to excuse juror number three, number 2745.  That means you're done.  You're free to leave, and I want to thank you now for the time you've spent with us because I know how important this case is to everybody and I know how much thought and time went into your being here.  So if you are excused, you're free to go.  Then once that juror's excused, we'll call another name.  That juror will step forward and that juror will replace that juror that was excused.  We go back and forth.  We go challenge for People, challenge for the defense, challenge for the People, challenge for defense. 

There are a finite number of challenges.  So the jury that will be selected will be selected after both sides either pass or they've used up their finite number of challenges.  So that will be the twelve jurors that will be trying this case.  And then we're going to have six alternate selected in case of an emergency.  People get in automobile accidents, whatever.  And it will be done the same way.  You'll be seated in the box, in the seat number one.  If you are excused you're free to go, and then the next juror that's called will be in seat number one until we get all six alternates seated, and then that will be the jury that will try the case, okay?  So what I'm going to ask the clerk, Marylin, to do now is to fill the box.  And as your name is called, if you will please step forward, and Jenné will direct you to a seat in the jury box, okay?

(Seating of the jurors and the alternates)

JUDGE:  Okay.  That's the jury. Okay.  There you are.  You're it.  Okay.  Like I said, that's why I don't have any hair because of trying to pick juries in cases like this. So here we are, and you're it for the duration. Like I said, unless you're dead, you're in; okay?  So those of you in the audience, I want to thank you very much for your patience and your time.  I know this hasn't been easy for anybody.  I know it's an imposition on your time to come down here for the length of time that you were here, but as I told you before, we cannot get these cases resolved unless we have the jurors like yourself, these 18 people in the box, to decide this case.  So those of you in the audience, I want to thank you, and you are excused.  Thank you very much. 

(Prospective jurors exit courtroom)

JUDGE:  All right.  Now, ladies and gentlemen, you are the jury now, and I just want to give you a few comments before we begin.  The trial, as I indicated, will start Tuesday morning at 9:00 o'clock.  The reason why we're starting at 9:00 is I've been told that if you -- if you're not here by 9:00 it's almost impossible to park around here.  So we're going to start at 9:00.  Our hours will be 9:00 till 12:00. There will be a recess for about 15 minutes around 11:00 o'clock to give you a break. We'll start up again probably -- depending on, you know, the availability of witnesses, I'm going to shoot for 1:30.  We'll have a recess around 3:00 for ten, 15 minutes, and around 4:00 o'clock each day we're going to call it a day.  For the reasons I already explained to you.  If I haven't, I'll tell you again that by 4:00 o'clock you will have had it up to here, I think, sitting here all day long.  And then you can get home, get in your car and get home before all the traffic starts, okay? 

Now, I want to readmonish you again, and this is very important, and you all know why.  I don't want to beat that to death, but I want to readmonish you again.  You're not to discuss this case amongst yourselves or with any other person, or form or express any opinion about this case.  You're 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.  And that's very important because now you're in -- you're in the -- you're like a deer in the headlights because they'll zero in on who you are now, so you've got to strictly adhere by that admonition.  Now, what I'm going to do is I'm going to have you -- because you don't know what you're supposed to do now.  I'm going to let you go now with Mike and Jenné, and they're going to bring you to the jury room that you're going to be using while you're deliberating in this case and where you're going to convene every morning.  And then they're going to show you where you're all supposed to meet, and then you'll be escorted down to the jury room, which is just down the hall here.  And each recess, when you're excused for the recess, you'll go into that jury room, and there's a toilet and water in there, and that's where you'll be ensconced during the day until I excuse you at night, okay?  And you're free to go home, you're free to separate at lunch time, just remember that admonition, okay? So, see you Tuesday morning.  I have some other issues I have to deal with this morning that have come up, so we'll see you all Tuesday morning at 9:00 o'clock with opening statements.  And at that time I'll have more to tell you and I'll preinstruct you on some of the law that's going to be applicable in this case, and we'll get the case started with opening statements, all right?  So we'll see you then Monday at 9:00 o'clock. 

THE JURORS: Tuesday? 

JUDGE:  Tuesday.  Tuesday.  Losing it already.  June 1st.  Monday's a holiday.  Tuesday 9:00 o'clock.  And just go with Jenné and Mike and they'll show you. 

DEPUTY CARNEVALE:  Everyone can come single file this way, please. 

 (Jurors and alternates exit courtroom)