Verdict & Polling of the Jurors

 

Guilt Phase

November 12, 2004

 

JUDGE: All right. This the case of People vs. Scott Peterson. Let the record show the defendant's present with counsel, and the jury is in the jury box, along with the alternates. And, Mr. Foreperson, it's my understanding that the jury has arrived at a verdict in this case; is that correct?

FOREPERSON: We have, your Honor.

JUDGE: Would you hand the verdicts to Jenn‚, please. All right. You want to read the verdicts.

CLERK: State of California versus Scott Peterson. We, the jury, in the above-entitled cause, find the defendant, Scott Lee Peterson, guilty of the crime of murder of Laci Denise Peterson, in violation of Penal Code Section 187 A as alleged in Count 1 of the Information filed herein. Dated November 12th, year 2004, Foreperson, number 6.

JUDGE: Mr. Foreperson, is that a unanimous verdict of the jury with respect to Count 1?

FOREPERSON: It is, your Honor.

JUDGE: Read the degree.

CLERK: We, the jury, further find the degree of the murder to be that of the first degree. Dated November 12th, 2004, Foreperson, number 6.

JUDGE: And juror number 6, is that a unanimous verdict of the jury with respect to the degree?

FOREPERSON: It is, your Honor.

JUDGE: All right. Want to read Count 2, please.

CLERK: We, the jury, in the above-entitled cause find the defendant, Scott Lee Peterson, guilty of the crime of murder of Baby Conner Peterson, in violation of Penal Code Section 187 A as alleged in Count 2 in the Information filed herein. Dated November 12th, 2004. Foreperson, number 6.

JUDGE: Is that a unanimous verdict of the jury with respect to Count 2 of the Information?

FOREPERSON: It is, your Honor.

JUDGE: Want to read the degree, please.

CLERK: We, the jury, further find the degree of murder to be that of the second degree. Dated November 12th, 2004. Foreperson, number 6.

JUDGE: And, Mr. Foreperson, is that a unanimous verdict of the jury with respect to the degree?

FOREPERSON: It is, your Honor.

JUDGE: All right. Read the special circumstances.

CLERK: We, the jury, in the above-entitled cause, find to be true the special circumstance pursuant to Penal Code Section 190.2 subsections (a)(3), that the said defendant, Scott Lee Peterson, has in this case been convicted of at least one crime of murder of the first degree, and of one or more crimes of murder of the first or second degree. Dated November 12th, 2004. Foreperson number 6.

JUDGE: Is that the unanimous verdict of the jury with respect to the special circumstance?

FOREPERSON: It is, your Honor.

JUDGE: All right. Mr. Harris, do you want the jury polled as to each count and as as to the special circumstance?

Pat Harris: Yes, we do, your Honor.

JUDGE: Would you poll the jury as to Count 1, 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 as to Count 1 your true and individual verdict?

CLERK: Juror number 1?

A: Yes.

CLERK: Juror number 2?

A: Yes.

CLERK: Juror number 3?

A: Yes.

CLERK: Juror number 4?

A: Yes.

CLERK: Juror number 5?

A: Yes.

CLERK: Juror number 6?

A: Yes.

CLERK: Juror number 7?

A: Yes.

CLERK: Juror number 8?

A: Yes.

CLERK: Juror number 9?

A: Yes.

CLERK: Juror number 10?

A: Yes.

CLERK: Juror number 11?

A: Yes.

CLERK: Juror number 12?

A: Yes.

JUDGE: All right. Want to poll the jury as to the degree, please.

CLERK: Was the verdict as just read as to the degree of the said murder to be that of the first degree your true and individual verdict?

CLERK: Juror number 1?

A: Yes.

CLERK: Juror number 2?

A: Yes.

CLERK: Juror number 3?

A: Yes.

CLERK: Juror number 4?

A: Yes.

CLERK: Juror number 5?

A: Yes.

CLERK: Juror number 6?

A: Yes.

CLERK: Juror number 7?

A: Yes.

CLERK: Juror number 8?

A: Yes.

CLERK: Juror number 9?

A: Yes.

CLERK: Juror number 10?

A: Yes.

CLERK: Juror number 11?

A: Yes.

CLERK: Juror number 12?

A: Yes.

JUDGE: All right. Want to poll the jury as to Count 2, please.

CLERK: Was the verdict as just read as to Count 2 your true and individual verdict?

CLERK: Juror number 1?

A: Yes.

CLERK: Juror number 2?

A: Yes.

CLERK: Juror number 3?

A: Yes.

CLERK: Juror number 4?

A: Yes.

CLERK: Juror number 5?

A: Yes.

CLERK: Juror number 6?

A: Yes.

CLERK: Juror number 7?

A: Yes.

CLERK: Juror number 8?

A: Yes.

CLERK: Juror number 9?

A: Yes.

CLERK: Juror number 10?

A: Yes.

CLERK: Juror number 11?

A: Yes.

CLERK: And juror number 12?

A: Yes.

JUDGE: All right. Would you poll the jury as to the degree.

CLERK: Was the verdict as just read to the degree of said murder to be that of the second degree your true and individual verdict?

CLERK: Juror number 1?

A: Yes.

CLERK: Juror number 2?

A: Yes.

CLERK: Juror number 3?

A: Yes.

CLERK: Juror number 4?

A: Yes.

CLERK: Juror number 5?

A: Yes.

CLERK: Juror number 6?

A: Yes.

CLERK: Juror number 7?

A: Yes.

CLERK: Juror number 8?

A: Yes.

CLERK: Juror number 9?

A: Yes.

CLERK: Juror number 10?

A: Yes.

CLERK: Juror number 11?

A: Yes.

CLERK: And juror number 12?

A: Yes.

JUDGE: Would you poll the jury as to the special circumstances, please.

CLERK: Was the verdict as just read as to the special circumstances your true and individual verdict?

CLERK: Juror number 1?

A: Yes.

CLERK: Juror number 2?

A: Yes.

CLERK: Juror number 3?

A: Yes.

CLERK: Juror number 4?

A: Yes.

CLERK: Juror number 5?

A: Yes.

CLERK: Juror number 6?

A: Yes.

CLERK: Juror number 7?

A: Yes.

CLERK: Juror number 8?

A: Yes.

CLERK: Juror number 9?

A: Yes.

CLERK: Juror number 10?

A: Yes.

CLERK: Juror number 11?

A: Yes.

CLERK: And juror number 12?

A: Yes.

CLERK: Your Honor, the jury has been polled, and the verdicts as to Count 1 and Count 2 and the special circumstance allegation are unanimously affirmed.

JUDGE: All right. You may enter the verdicts. Have the verdicts been entered?

CLERK: I beg your pardon?

JUDGE: Have the verdicts been entered?

CLERK: Yes.

JUDGE: The verdicts have been duly entered. All right. Ladies and gentlemen of the jury, as a result of your findings, that means we're going to have to have a penalty phase of this trial. I can tell you some information. The penalty phase of this trial will take less than a week, okay? I'm going to give you next week off because the attorneys have to get their witnesses lined up. So we're going to start the testimony in the -- in the penalty phase of this case on November the 22nd. You'll be here the 22nd, the 23rd and 24th. You'll be home on the 25th, 26th, 27th and 28th. We should finish the testimony by the 29th, and hopefully I'll get it to you on the 30th, okay? And to start your deliberations in the penalty phase. Now, obviously, because of this verdict, you're going to be the subject of much scrutiny from the media; all right? So I want to remind you again, you've got to adhere to this strictly: That you're not to discuss this case among yourselves, or with any other person, or form or express any opinions about this case. You're not to listen to, read, or watch any media reports of this trial, or discuss it with any representatives of the media or their agents. So you can go home now. This part of the trial is over. The penalty phase will start on, as I said, November the 22nd. It shouldn't take more than four days, I've been advised by counsel, so I should get this case to you, hopefully, by November the 30th; okay? And you'll be sequestered during those deliberations in the penalty phase, for the obvious reasons. All right. I want to thank you all for your diligence. You've been a very good jury. You've been here on time every day, although we've not been on time all the time, but you have been, so I really appreciate that. So we're going to be in recess now until 9:00 o'clock in the morning on November the 22nd. And I want to remind you again, don't discuss this case with anybody in the penalty phase for the four days I've been advised; okay? So thank you very much. We'll be in recess now until November the 22nd, 9:00 o'clock, right back here. If you have any problems retrieving your clothing or anything, take that up with the sheriff's department.