First juror picked in Peterson murder trial
Judge says statements to media are admissible
From Rusty Dornin
CNN
 |  Scott Peterson is charged in the deaths of his wife and the couple's unborn son. |
|
Story Tools
|
|  VIDEO |
 CNN's Rusty Dornin on a judge's decision to allow jurors to hear Scott Peterson's media interviews.
|
|
REDWOOD CITY, California (CNN) -- A state wastewater inspector was picked Monday as the first of what will eventually be 80 people eligible to be jurors in Scott Peterson's murder trial.
Juror 4663 inspects sewage systems for San Jose. The man, who was not identified publicly, told lawyers that he has testified as an expert witness for the district attorney on pollution cases.
Asked by Peterson attorney Mark Geragos whether that relationship might lead him to side with the prosecution, the man replied that he has an open mind and that he felt he could be fair.
Twelve jurors and six alternates are to be seated.
Earlier Monday, San Mateo County Superior Court Judge Alfred Delucchi ruled that statements made by Peterson to the news media after his pregnant wife, Laci Peterson, was reported missing are admissible in his trial.
Geragos had argued that the statements would be unfairly prejudicial against his client, who is charged with murder in the deaths of his wife and the couple's unborn son.
Peterson's statements to the news media would not be offered as truth, but rather as examples of the defendant's state of mind, Delucchi said.
Geragos complained that some of the television videotapes had been edited -- "spliced and diced."
But Deputy District Attorney Rick Distaso argued that, "if the defendant is going to get up on national television and tell a whole host of lies," then the jurors should have the right to hear it.
He said the edits simply deleted portions of interviews that were not broadcast.
Geragos turned down Delucchi's request that he submit names of witnesses for the penalty phase of the trial.
"I'm not going to name witnesses for a penalty phase, because there is not going to be a penalty phase," Geragos said.
Delucchi responded that Geragos' failure to do so was at his own risk.
Geragos said in an earlier court appearance this month that he would file a motion for a change of venue, but made no apparent effort to do so Monday.
Questioning of the pool of 300 potential jurors is scheduled to last until May 6. Another 700 people have been dismissed for reasons including economic or family problems.
Delucchi said lawyers on each side would be allowed peremptory strikes of up to 20 of the qualified jurors May 13, and said opening statements would likely be set for May 17.
Peterson sat in the courtroom Monday, occasionally smiling and talking with his lawyers.
The bodies of his wife and their unborn son washed up separately on the shore of San Francisco Bay in April, near where Peterson told police he had gone fishing December 24, 2002, the day he reported his wife missing.
