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Law

Peterson judge sets May 7 for venue change hearing

By Ted Rowlands
CNN

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Scott Peterson

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Mark Geragos

REDWOOD CITY, California (CNN) -- A California judge on Thursday set a May 7 hearing for arguments on a change of venue in the trial of accused wife-killer Scott Peterson.

Defense Lawyer Mark Geragos said he would ask for one of three things at the hearing: for the trial to be moved to Los Angeles County; for the jury that decides the guilt phase of the trial to be separate from the one that decides the penalty phase; or to be given extra peremptory challenges.

Typically, each side is allotted 20 peremptory challenges, under which they are allowed to reject prospective jurors without giving a reason.

Geragos said that if Judge Alfred Delucchi fails to grant any of the requests, he would take the case to the state court of appeals. Geragos contends that Peterson cannot get a fair trial in Northern California, and has called for it to be moved out of the region. So far, he has failed in that bid, although the trial was moved about 80 miles, from the Petersons' hometown, Modesto, to Redwood City.

The case is currently in the voir dire stage, during which prospective jurors are interviewed. Opening statements are to begin May 17.

Last April, the remains of Laci Peterson and the fetus she was carrying washed up separately on the shore of San Francisco Bay, near where Peterson told police he had gone fishing December 24, 2002, the day his wife was reported missing. He has pleaded not guilty in their deaths.

Authorities allege Peterson killed his pregnant wife on December 23 or 24, 2002, because he was having an affair, then dumped Laci's body from a boat into the bay.

Peterson could face the death penalty or life in prison without parole if convicted.


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