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Falconer: 'It was blown out of proportion'


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Former juror Justin Falconer
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(CNN) -- The judge in the Scott Peterson murder trial removed juror Justin Falconer from the case Wednesday, after he was seen making comments to the brother of Laci Peterson.

Falconer joined CNN anchor Heidi Collins from Redwood City, California, to discuss what happened.

COLLINS: Let me ask you this, based on what you have said earlier today and what you have seen in the Scott Peterson case, you say that there's no way that you would have convicted Scott Peterson. Why do you think the prosecution's case is so weak?

FALCONER: It's still really early in the case. And what information I have gotten from testimony and from the evidence presented you can't possibly have convicted him on that. That's what I'm basing that on. I didn't get to see everything else and, you know, I wish I could have, but I'm not getting that opportunity. So -- but from what I have gotten so far there's no way you could convict him.

COLLINS: Do you think the rest of the jury would agree with you on that?

FALCONER: I don't know. I can't comment on what they are thinking and just because I don't know.

COLLINS: All right. If you don't think that Scott Peterson committed these murders who did?

FALCONER: I don't know. I honestly don't know. If it wasn't him, then you know obviously somebody else did it. But nothing was ever presented, at least not yet, that was concrete enough to sit there and say, yes, he did it. So...

COLLINS: Surely you are aware of the defense's theory that a transient may have killed Laci Peterson, a transient in the neighborhood, I should say. Your thoughts on that?

FALCONER: Well, I mean, it's possible. You know, it gets into the who done it if Scott didn't. I don't know. But, you know, the prosecution has it on their table that they need to show us, or show me, anyway, at the time, how he did it, and how he managed to do it. Honestly, I'm not worried about who did it, at this point, I just want to know if he did it the way the prosecution says he did and I wasn't -- so far I wasn't getting that.

COLLINS: Well, let's talk about the issue of talking to family members here now for a moment. You were told by the judge that you were not supposed to have any contact whatsoever with anyone involved in the case. Why did you talk with Laci Peterson's brother?

FALCONER: Well, that was after -- the original instructions were, you know, not to talk about the case to anybody. And we didn't talk about the case, we exchanged pleasantries in the morning and then went on our way. That was it.

COLLINS: What were those pleasantries?

FALCONER: There was a news camera sitting right next to us and I had commented that I was in the shot and that he wasn't going to be on the news tonight, because I was ruining the shot for the cameraman. And so it was a news comment. Had nothing to do with lose.

COLLINS: Do you see why even an innocent comment like that could be seen as inappropriate in a case like this?

FALCONER: I do now, especially with this much media coverage. You know, it was blown out of proportion, I understand that now. It's a small place. We see each other every single day. We're eating lunch across from each other.

We're seeing each other in the courtroom, in the hallways, in the elevators, in the bathrooms -- It's hard not to acknowledge them there. When someone says good morning, you say good morning back. Maybe have a good day or something.

It's just very difficult to do when you are in such close quarters.


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