Toobin: Peterson jury won't be set back much
 |  CNN legal analyst Jeffrey Toobin |
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|  VIDEO |
 A jury is deliberating Scott Peterson's fate.
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NEW YORK (CNN) -- The jury in the Scott Peterson double murder trial was instructed to start new deliberations after a juror was dismissed Tuesday and an alternate named.
CNN anchor Soledad O'Brien spoke with network legal analyst Jeffrey Toobin on Wednesday about the development.
O'BRIEN: How much of a dent does this put in the deliberations? Is it a big deal or not a big deal?
TOOBIN: Well, probably not a big deal. It slows things down certainly.
The notion of starting over is kind of a legal fiction. What I think it really means is that the 11 who are already serving kind of bring the new juror up to speed and make sure she's comfortable, nothing is imposed on her. But I don't think literally they go over all their previous deliberations.
O'BRIEN: They talked about this juror who has been dismissed doing independent research, which could be anything from getting online or maybe reading a newspaper or something. Wouldn't it be fair to say then, just by chatting with the other jurors, she could have easily contaminated the other jurors?
TOOBIN: That's right. That's why the judge interviewed all 12 jurors yesterday to see if there was any taint. He seems to have done a thorough job in making sure that this problem was contained.
This really could be an appeal issue if Peterson is convicted. We talk a lot about appeal issues. Some are trivial -- you know, whether the jurors sat in the boat. That certainly is not going to get a conviction reversed. But one thing appeals courts care a lot about is the process of jury deliberation, so we can be sure this is an area that will be scrutinized carefully.
O'BRIEN: Why do you say the prosecution has dodged a tremendous bullet here?
TOOBIN: Because someone in the jury room who might lead to a hung jury would be a disaster for the prosecution. A hung jury in a case that took this long would be a victory for the defense. So anything that keeps deliberations on track, that keeps it in an orderly process, even if that means getting rid of a juror who's a problem, that is good for the prosecution because they need a verdict in this case.
O'BRIEN: How about the colorful character? I mean, it's so funny when they read descriptions [of the new juror] -- four kids and nine tattoos.
TOOBIN: Yes, you know, colorful characters, eccentric personalities tend to be, according to folklore, good for the defense. ...
On paper her colorful personality would seem to be good for the defense. But I wouldn't read too much into that.
