Scott Peterson - Trial

Trial

Peterson had been represented before his arraignment by Kirk McAllister, a veteran criminal defense attorney from Modesto, California. Peterson told Judge Nancy Ashley at arraignment that he could not afford a private attorney.

Chief Deputy Public Defender Kent Faulkner was also assigned to the case. Peterson later indicated that he could afford a private attorney Mark Geragos, who had done other high-profile criminal defense work. A judge moved Peterson's trial from Modesto to Redwood City, California on January 20, 2004, due to increasing hostility toward Peterson in the Modesto area.

The trial, the People of the State of California v. Scott Peterson, began in June 2004 and was followed closely by the media. The lead prosecutor was Rick Distaso. Geragos led Peterson's defense.

Prosecution witness Amber Frey engaged her own attorney, Gloria Allred, to represent her interests. Allred was not bound by the gag order imposed on those involved in the trial. Although she maintained that her client had no opinion about whether Peterson was guilty, Allred was openly sympathetic to the prosecution. She appeared frequently on television news programs during the trial. Allred played a key role in keeping many facts about her client's past from the public eye.

Peterson's defense lawyers based their case on the lack of direct evidence and played down the significance of circumstantial evidence. They suggested that the fetal remains were of a full-term infant and theorized that someone kidnapped Laci, held her until she gave birth, and then dumped both bodies in the bay. The prosecution's medical experts proved that the baby was not full term and died at the same time as his mother. Geragos suggested that a Satanic cult kidnapped the pregnant woman. He also claimed that Peterson was "a cad" for cheating on his pregnant wife but not a murderer.

One juror was removed early in the trial due to misconduct and was replaced, this on a complaint by CourtTV. A videotape showed the juror and Brent Rocha, Laci Peterson's older brother, speaking as they passed one another in the courthouse. Jury foreman and attorney Gregory Jackson later requested his own removal during jury deliberations, most likely because his fellow jurors wanted to replace him as foreman. Geragos told reporters that Jackson had mentioned threats he received when he requested to be removed from the jury. Jackson was also replaced by an alternate. On November 12 the reconstituted jury convicted Peterson of first-degree murder with special circumstances for killing Laci and second-degree murder for killing the fetus she carried. The penalty phase of the trial began on November 30 and concluded December 13 when, at 1:50 P.M. PST, the twelve-person jury recommended a death sentence for Peterson.

Members of the jury stated in later press appearances that they felt that Peterson's demeanor – specifically, his lack of emotion and the phone calls to Amber Frey in the days following Laci's disappearance – indicated he was guilty. They based their verdict on "hundreds of small 'puzzle pieces' of circumstantial evidence that came out during the trial, from the location of Laci Peterson's body to the myriad of lies her husband told after her disappearance." They also decided on the death penalty because they felt Peterson betrayed his responsibility to protect his wife and son.