Peterson judge to hear new change of venue motion
From Chuck Afflerbach
CNN
REDWOOD CITY, California (CNN) -- The judge in Scott Peterson's murder trial will delay jury selection to consider a new motion for a change of venue from Peterson's attorney.
Attorney Mark Geragos asked for the high-profile trial to be moved again because jury questionnaires show a large percentage of potential jurors have "prejudged" the guilt of his client.
"I need to bring to the court's attention the prejudgment rate, which I believe is at a level that the Supreme Court said the court needs to take some action," Geragos said.
Judge Alfred Delucchi scheduled oral arguments on the motion for March 22 and said he will rule from the bench.
If Delucchi does not agree that there needs to be a change of venue, said Geragos, he should reconsider a defense request that there be two separate juries in the Peterson trial -- one to decide Peterson's guilt or innocence and another to decide his punishment if the verdict is guilty.
If Delucchi rules against both those motions, said Geragos, he should grant the defense extra jury challenges "to compensate for the high level of prejudgment."
Geragos also asked for more time for the defense to go over the lengthy questionnaires being filled out by prospective jurors. Delucchi granted that request.
Delucchi also said next week's scheduled individual interviews with potential jurors will have to be postponed. Those interviews had been scheduled for March 17-18. They will be delayed to allow the defense and prosecution to file arguments over the change of venue motion.
Geragos said of the first 100 potential jurors to fill out questionnaires, 61 were dismissed because of their responses.
Delucchi has said he believes an impartial jury can be found in San Mateo County. He said the court will need to qualify 70 jurors for the pool to accommodate 20 pre-emptory challenges for each. The goal, he said, is to choose 12 jurors and six alternates.
The judge also mentioned he had received a letter from a group of news organizations, including CNN, telling him that the news organizations will appeal his decision to deny putting a camera in the courtroom for the trial.
Peterson, 31, is charged with two counts of murder in the deaths of his wife, Laci, and their unborn son. The former fertilizer salesman has pleaded not guilty.
His trial has already been moved once, from Modesto to Redwood City, because of fears that an impartial jury could not be found in his hometown.
