Arraignment and Sentencing

Arraignment & Sentencing

Sentencing

March 16, 2005

JUDGE: All right. Go on and arraign the defendant, please.

CLERK: Want him to stand or sit?

JUDGE: No, he can sit.

CLERK: Scott Lee Peterson, an Information was filed against you by the District Attorney of the County of Stanislaus on the 1st day of December, 2003, filed in San Mateo County on January 26, 2004, charging you with the crime of felonies, two wit: Murder, a violation of Section 187 of the California Penal Code, as charged in the first count of the Information, with one special circumstance clause pursuant to Section 190.2(a)(3) of the Penal Code; Murder, a violation of Section 187 of the California Penal Code as charged in the second count of the Information. You were regularly arraigned, and upon your arraignment you entered pleas of not guilty to the crimes charged in the Information. On February 9, 2004, the special circumstance clause pursuant to Section 190.2(a)(3) of the Penal Code of California as to the second count was stricken on the court's own motion.

You were subsequently tried by a jury and the jury rendered the following verdicts, omitting the court and cause: Verdict of the jury: 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, 2004. Signed by Foreperson number 6. We, the jury, further find the degree of murder to be that of the first degree. Dated November 12th, 2004. Signed by Foreperson number 6. We, the jury, in the above-entitled cause, find to be true the special circumstance pursuant to Penal Code Section 190.2(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 one or more crimes of murder of the first or second degree. Dated November 12th, 2004. Signed by Foreperson number 6. 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 of the Information filed herein. Dated November 12th, 2004. Signed by Foreperson number 6. We, the jury, further find the degree of murder to be that of the second degree. Dated November 12th, 2004. Signed by Foreperson number 6.

And the issue of penalty having been subsequently tried by a jury, and the jury having rendered the following verdict, omitting title of court and cause: Verdict of the jury: We, the jury, in the above-entitled cause, fix the penalty at death. Dated December 13th, 2004. Signed by Foreperson number 6. And your motion for modification of verdict having been denied, this is the day regularly set for sentence. At this time do you have any legal cause why judgment of the court should not be pronounced against you?

JUDGE: Mr. Geragos? Any legal cause?

GERAGOS: The probation report I had mentioned before.

JUDGE: I was going to get to that in just a second.

GERAGOS: Under 351.1?

JUDGE: Yes.

GERAGOS: Strike those.

JUDGE: I'm going to ask that the portion of the probation report that refers to the lie detector test, that portion be redacted from the probation report.

GERAGOS: And then I've also filed this morning a letter with Marylin that I want,

JUDGE: That may also, that may also be filed and made a part of the probation report.

GERAGOS: Thank you.

JUDGE: Is there any legal cause?

GERAGOS: No.

JUDGE: All right. All right. There being no legal cause why sentence should not be pronounced this morning, for this portion of the proceedings the court has read and considered the report of the probation officer and the letters and other reports submitted to the court in this matter, including the letter from Jackie Peterson and another letter from Lee Peterson and a letter from his employer. I'm going to order that these letters be made part of the probation report and incorporated therein by reference and be made part of the record. And probation will be denied because the defendant is ineligible for probation and, further, because of the nature and seriousness and circumstances of the crime. With respect to Count 1 of the Information, the jury having found the defendant, Scott Lee Peterson, guilty of the murder of Laci Denise Peterson, and the jury having fixed the degree of murder as that of the first degree; And the jury having further found in Count 2 the defendant, Scott Lee Peterson, guilty of the murder of Baby Conner Peterson, and the jury further having set the degree of murder as that of the second degree; And the jury further having found the special circumstance to be true, that is the defendant committed more than one murder in either the first or second degree in this proceeding; And the court further having denied the application to modify the jury verdict as to the penalty as within the meaning of Section 190.4 and 1180 of the Penal Code; And the court having further denied the motion for a new trial; And there being no legal cause why sentence should not be pronounced, it is hereby ordered, adjudged and decreed that for the offense of the murder of Laci Denise Peterson as alleged in Count 1 of the Information, and the murder of Baby Conner Peterson as alleged in Count 2 of the Information, that the defendant, Scott Lee Peterson, shall be put to death in the manner and means prescribed by law within the walls of the State Prison of San Quentin, California, in accordance with Penal Code Section 3604. Now, the defendant is entitled to 699 days actual time. He's not entitled to any good time and work time credits because, under the law, he's not entitled to that. The court's going to order a $10,000 restitution fine, not, not a fine. A $10,000 restitution to the Victim's Compensation and Governor's Claims Board, payable through the California Department of Corrections for the funeral expenses that were advanced to the family to cover the funeral expenses of the victim and her child. There will be a $5,000 restitution fund fine pursuant to 1202.4 of the Penal Code.

GERAGOS: Judge, the,

JUDGE: Yeah.

GERAGOS: the calculation on actual number of days is actually 699.

JUDGE: I can't hear you.

GERAGOS: I'm sorry, the calculation, I thought I heard you say 690, but I think it's,

JUDGE: 699.

GERAGOS: Yeah, it is. Okay.

JUDGE: 699. That's what I said. If it sounded like 690, I said 699. I think, it says 699 here. Okay. Now, Mr. Peterson, as far as the death penalty is concerned, with reference to Count 1 and Count 2 and the special circumstance, there is an automatic appeal to the State Supreme Court. Your present lawyers may or may not handle your appeal. If they do not, the Supreme Court will appoint counsel to represent you at no cost. There is an automatic appeal to the Supreme Court of the State of California. Therefore, it is hereby ordered, adjudged and decreed that the defendant be remanded to the care, custody and control of the Sheriff of San Mateo County, to be by said Sheriff delivered to the Warden of the State Prison at San Quentin, California, within ten days of the date of the judgment herein, and that the execution of this sentence is to be withheld by said Warden pending the final determination of Scott Lee Peterson's appeal in this matter, which is automatic. And said sentence is to be executed upon final determination of said appeal and that the said Scott Lee Peterson is to be held by him during said period until further order of this court. Therefore this is to command you to the Sheriff of San Mateo County as provided in said judgment, to take Scott Lee Peterson to the State Prison in San Quentin, California, to be delivered to the custody of the Warden of said prison. Now, this is to further command you, the Warden of the State Prison of San Quentin, California, to hold in your custody the defendant, Scott Lee Peterson, pending the decision of this case on appeal, and upon the judgment herein becoming final to carry into effect the judgment of said court at a time and place and a date to be herein affixed by order of this court within the state prison system at which time and place you shall then put to death Scott Lee Peterson in the manner and means prescribed by law. The reporter is ordered to have a transcript of these proceedings prepared and certified and filed with the clerk of the court.

GERAGOS: You had indicated that you wanted to set a date if there was no objection to the,

JUDGE: I already read that into the record, Mr. Geragos.

GERAGOS: All right.

JUDGE: I did that at the very beginning. Okay. I'd like to see counsel in chambers when this is over. It's got nothing to do with this case, but I would just like to see counsel. These proceedings will be adjourned.