Was Scott Peterson a Victim of Jury Misconduct?

A judge has 90 days to decide whether Peterson deserves a new trial in the slaying of his pregnant wife 20 years ago

Was Scott Peterson a Victim of Jury Misconduct?
Link video: http://nbclim-download.edgesuite.net/Prod/NBCU_LM_VMS_-_KNTV/486/83/17911517226-1080pnbcstations.mp4

Scott Peterson’s trial attorney missed an opportunity to grill a California juror who eventually helped send him to death row for murdering his pregnant wife and unborn child, his appellate lawyer conceded Thursday while arguing the former fertilizer salesman deserves a new trial because of juror misconduct.

Attorney Cliff Gardner, who alleges juror Richelle Nice was biased and lied to get on the jury that convicted Peterson in 2004, said it was a mistake not to question Nice after she indicated on a jury questionnaire that she couldn’t stick solely to evidence at trial and avoid preexisting opinions from influencing her verdict.

“Was that a mistake?” San Mateo County Superior Court Judge Anne-Christine Massullo asked. “Isn’t that what lawyers are supposed to do?”

Gardner said he thought defense lawyers believed Nice’s answer was an error on the questionnaire but agreed they should have followed up. But he said it reinforced his argument that she was gunning for Peterson.

“It seems astonishing to me,” Gardner said. “It seems absolutely consistent with the idea that she had some kind of predetermined bias in the case and she was talking about it there.”

The defense is seeking a new trial for Peterson, 49, who was convicted of first-degree murder of Laci Peterson, 27, and second-degree murder of the unborn son they were going to name Conner.

The California Supreme Court upheld Peterson’s conviction but overturned his death sentence in 2020 because some jurors were improperly dismissed over their disagreement with the death penalty despite saying they could follow the law and impose it.

Massullo was assigned to decide if juror misconduct prevented Peterson from getting a fair trial.

Peterson’s lawyers contend, among other things, that Nice sought to be on the jury because she wanted notoriety and for financial reasons. Nice, who was dubbed “Strawberry Shortcake” for her bright red hair, later co-authored a book about the case with six other jurors.

Prosecutors and lawyers for Scott Peterson will give closing arguments Thursday before a judge decides whether the convicted murderer deserves a new trial in the slaying of his pregnant wife 20 years ago. Ginger Conejero Saab reports.

The defense said she lied on the lengthy questionnaire given to prospective jurors that asked among other things whether she was a crime victim or had ever filed a lawsuit.

Nice failed to disclose during jury selection she filed a lawsuit and had sought a restraining order while pregnant in 2000, saying she “really fears for her unborn child” because of threats from her boyfriend’s ex-girlfriend. She also failed to disclose that a boyfriend beat her in 2001 while she was pregnant with another child.

Nice testified that she she may have improperly answered questions, but did so truthfully.

“I didn’t write it on the questionnaire because it never crossed my mind, ever,” she said about the restraining order. “It wasn’t done intentionally — it didn’t cross my mind.”

Gardner said there was a “chasm” between what Nice had written in legal papers and what she testified to during the hearing held over several days in February and March.

Nice testified in March that she didn’t recall a fellow juror’s account that when she joined the jury in deliberations she declared, “We should get Scott for what he did to Laci and ‘little man.’”

“It doesn’t sound like something I would say, but I have no idea,” she said. “I don’t remember this.”

Prosecutors and lawyers for convicted murderer Scott Peterson will give closing arguments in late June before a California judge decides whether Peterson deserves a new trial in the slaying of his pregnant wife 20 years ago. Stephanie Magallon reports.

Nice testified earlier that she held no bias against Peterson until after she heard the evidence that he dumped his wife’s body in San Francisco Bay on Christmas Eve 2002.

Stanislaus County prosecutors contend there was no juror misconduct and that Nice either misunderstood or misinterpreted the questionnaire.

Special Assistant District Attorney David Harris said there was no evidence Nice had a secret motive to get on the Peterson jury.

Harris said defense attorney Mark Geragos actually tried to keep Nice in the selection process after the judge dismissed her because her employer would only pay two weeks for jury service.

After Geragos interjected to say she could serve if she was willing, the judge said Nice could stay if she wanted, Harris said. She then sat back down and eventually became an alternate juror who joined the deliberations after two original jurors were removed.

“She’s trying to leave,” Harris said. “This is not … I really want to be here because I’m gonna secretly get this guy. … If that’s the case, she’s the world’s worst spy because she’s already been excused.”

Harris said she truthfully answered questions about her ability to be fair and said she had no opinion based on pretrial publicity.

The judge has 90 days to issue a ruling.

News Related


L.A. Affairs: Teaching my blind husband to swim pushed our marriage to extraordinary depths

It took a few weeks before I was comfortable asking the visually impaired man I was dating what, if anything, he could see. We trained with the same Santa Monica-based ... Read more »

We're wasting FAR too much food - here's what one supermarket is doing about it

Following yesterday’s International Day of Awareness of Food Loss and Waste, which calls on households, businesses and the public sector to reduce its food waste, it is clearer than ever ... Read more »

Health is wealth! Here are our top 10 tips on healthy living and wellness, from skincare to supplements

As we roll into autumn, with the wild days of summer truly behind us, it’s an opportunity to take stock of ourselves – to take the time to become our ... Read more »

The King of fashion: Tweed flat caps similar to ones worn by Charles sell out at the Sandringham estate shop just two week after he took to the throne

Popular flat cap is sold on the Sandringham Estate shop and online for £49.99Caps, which are 100% wool, were sold out within days of Charles becoming KingSmall-sized flat caps have now been re-stocked and are available to buy online Read more »

Former Notre Dame player Zilly dies at 88

Former Notre Dame player Zilly dies at 88 SOUTH BEND, Ind. — John “Jack” Zilly, who played on two national championship football teams for Notre Dame in the 1940s, has ... Read more »

Maggie Haberman SCOOP: Trump Tried to Bully Officials Into Seizing Her Phone Records – And Out Her Sources

L: Spencer Platt/Getty Images Former President Donald Trump tried to get officials in his administration to seize the phone records of New York Times correspondent and author Maggie Haberman in order ... Read more »

Fact check: Magistrate judge who signed off on Mar-a-Lago search represented Epstein associates

The claim: Jeffrey Epstein’s former lawyer was the judge who signed off on the Mar-a-Lago search warrant Documents related to the search warrant for former President Donald Trump’s Mar-a-Lago estate in ... Read more »

'Frankenfoods': Why ultra-processed foods make you crave more unhealthy stuff

Scientifically designed to trigger cravings, these foods are linked to a lot of health issues. If you cook the same foods from scratch, you can lose weight. Read more »

Video: Tua Tagovailoa Appears To Get Knocked Unconscious After Being Thrown To Turf

Sam Navarro-USA TODAY Sports A terrifying situation just occurred in tonight’s Dolphins vs. Bengals game in Cincinnati. Quarterback Tua Tagovailoa appeared to get knocked unconcious after being thrown to the ... Read more »

Dining in the dark: Brussels eateries tackle energy crunch

Dining in the dark: Brussels eateries tackle energy crunch While European Union governments are still mulling over introducing a cap on gas prices, some businesses are more in a hurry ... Read more »

Mac Jones reportedly making bold claim

Mac Jones As New England Patriots quarterback Mac Jones left the field Sunday following a loss to the Baltimore Ravens, it was quite obvious he was in pain. Later, it ... Read more »

Covid infections rise 14% in a week in sign autumn wave is underway

Total Covid-19 infections in the UK have risen in the past week (Stock image) (PA Wire) The number of Covid cases has risen by 14 per cent in a week, ... Read more »

International Insider: Tales From Zurich; Netflix EMEA Restructures; RTS Competition Fierce; Mahsa Amini Protests

Deadline Good afternoon Insiders, Max Goldbart here. Our crack team of reporters and editors brought you the news from Zurich to Singapore to London this week, and I’m here to ... Read more »

Uber for Flying: 10 Best Private Jet Apps

Successful couple making a toast with champagne glasses while having canapes aboard a private airplane Not too long ago, the concept of booking a car service on demand, via a ... Read more »

Jordan Henderson Praises €150m-Rated Liverpool Target

Jordan Henderson Praises €150m-Rated Liverpool Target Most viewers of England’s 3-3 draw against Germany in Monday’s Nation’s League clash would have made the astute observation that Jude Bellingham is the ... Read more »

Now THAT'S a clearance sale! Descendants of de Rothschild family will make £1million by selling off country mansion's exquisite contents including £60,000 table and £30,000 silver figures to clear way for interior revamp

The de Rothschilds are estimated to be one of the richest families in world, worth an incredible £450billion  Descendants of the family are set to cash in £1million by selling off the country mansion's incredible contentsThe immensely wealthy bankers rose to prominence as a family in Frankfurt, Germany during the 1970sThe most valuable item, the Rothschild Raffaelli mosaic table, is set to fetch £60,000 at the October 5 auction Read more »

New York Film Festival returns with Anne Hathaway, Adam Driver and Cate Blanchett movies

The Big Apple is ready for the big screen. The 60th edition of the New York Film Festival arrives Friday with a lineup including many movies made by New Yorkers ... Read more »

Through a Mexican grandfather's story, the WWII-era Bracero program becomes living history

Iliana Sosa’s family lives on both sides of the U.S.-Mexico border. She remembers her grandfather, Julián Moreno, taking 13-hour bus rides every month from Durango in northwest Mexico to El Paso, Texas, ... Read more »

ACS (Independent) exploring the use of artificial intelligence to invigilate exams

SINGAPORE – Anglo-Chinese School (Independent) is exploring the possibility of using artificial intelligence (AI) for invigilation during examinations. It will be able to detect irregular behaviour among students and help ... Read more »

California school system halts football team carrying police flag, dividing community

The Saugas High School players had run onto the field with the ‘Thin Blue Line’ flag in support of law enforcement School leaders intervening in which flags a high school ... Read more »

Prince Harry and Meghan Markle ‘want to stall’ Netflix series to make edits after Queen’s death

and have reportedly asked to delay the release of their series until next year in the wake of the ’s death. The Duke, 38, and Duchess, 41, of Sussex have ... Read more »

Hurricane Ian shifts east increasing wind, rain dangers for central North Carolina | LIVE COVERAGE

The projected path of Hurricane Ian has shifted east, bringing central North Carolina back into the cone of uncertainty. Ultimately what this means is we will likely see slightly stronger ... Read more »

Night porter who smashed up hotel in £94,000 rampage to teach 'bullying' owners a lesson after claiming they ordered him to charge NHS workers £1 to use lunch plates during Covid won't have to pay them a penny in compensation

Edward Woods, 50, went berserk while on duty at Larkfield Priory hotel in Kent Smashed 21 windows, six doors, two fridges, oven, table and three beer pumps He said he was angry about being 'bullied' and his frustration had built up  Woods was given suspended 16-month jail term and must pay £250 in costs Read more »

Christopher Nkunku undergoes Chelsea medical ahead of possible 2023 transfer

Chelsea have explored a move for Christopher Nkunku | ANP/GettyImages RB Leipzig forward Christopher Nkunku underwent a medical with Chelsea officials in August, 90min can confirm, but a future transfer ... Read more »

Kylie Jenner oozes confidence as she dons a pair of white briefs and a tank top while debuting her new short locks at the Loewe show during Paris Fashion Week

Kylie Jenner oozed confidence on Friday as she attended the Loewe Spring Summer collection show during Paris Fashion Week. The makeup mogul, 25, stood out as she donned a pair of ... Read more »

The Times podcast: The rise, fall and rise of Lula

Listen to this episode of The Times: Brazilians are heading to the polls on Sunday to choose between two very different candidates: current president Jair Bolsonaro and a former one, ... Read more »

KPRC 2 Investigates years-long HOA debate over security guard gate

Plans for new community build changed, homeowner upset Read more »

Hurricane Ian victims in Florida qualify for tax relief, IRS says

Florida was still being impacted by the storm early Friday Read more »

EXCLUSIVE: 'My family are going through a tough period': Fern Britton's best friend reveals her marriage is over as she breaks her silence over pictures of herself kissing TV star's ex Phil Vickery and admits her children are 'very upset'

Fern Britton's best friend, who was seen passionately kissing her pal's ex-husband Phil Vickery, has revealed that her marriage is over - and she has moved out of the family homeBreaking her silence, Lorraine Stanton, 58, said her family are going through a tough period and said she has moved out of the home she shared with her husband Simon and their two kidsMs Stanton refused to reveal where she now lives or when she exactly moved out of the marital home and also said she did not want to speak in detail about the picturesOn Wednesday, photographs obtained by The Sun showed TV chef Phil, 61, passionately kissing Lorraine, who is close pals with former This Morning presenter Fern, 65  Read more »

Nicholas Latifi disappointed to be leaving Williams - but 'understands decision'

Nicholas Latifi, who will leave Williams at the end of this season, is disappointed to be leaving the team and admitted he would love to carry on with his Formula 1 career. Read more »

After Slamming Florida, Hurricane Ian Causes Thousands of Flight Cancellations and Heads Northeast

Although powerful Hurricane Ian moved out of Florida Thursday, more than two million residents are without power, and some airports in areas hardest hit by the Category 4 storm remain ... Read more »

Work for a horrible boss? You could end up being just as bad - as hostile behaviour at the top of an organisation has a trickle-down effect, study shows

Hostile behaviour from bosses leads to workers adopting similar behaviourIncludes inappropriate language, sexual harassment, outbursts, and humiliationThis can lead to a toxic atmosphere of insecurity and exhaustion in workplace Read more »

EXCLUSIVE: Olivia Bowen admits she feels 'alien' in her postpartum body and admits her husband Alex has been a 'punching bag' as raging hormones made her cry up to eight times a day

Latest news and updates on all of your favourite Love Island contestants Read more »

Mills, thrills, and the Boys from Brazil: the World Cup is heading to South America this winter

I have a friend who went to Disney World when he was younger. One day, in the happiest place on EarthTM, he and his family were chowing down on some ... Read more »

Li'l Marco's big loan: The tale of a senator, his private-equity pal and an inexplicable appointment

Marco Rubio Sen. Marco Rubio (R-FL) answers questions from members of the press outside the White House during a news conference September 15, 2022 in Washington, DC. Win McNamee/Getty Images ... Read more »

Mariners Close in on Playoff Berth, Beat Rangers in 11 on Thursday

Getty Images Mitch Haniger and Jarred Kelenic both homered twice, J.P. Crawford singled home the winning run in the 11th inning and the Seattle Mariners closed in on their first ... Read more »

Endorsement: Will Rollins for Congress

The 41st Congressional District has been solidly Republican for decades, but California’s newly drawn lines reshaped the district into one where registered Democrats now marginally outnumber Republicans. The race has ... Read more »

22 dividend stocks screened for quality and safety

22 dividend stocks screened for quality and safety DEEP DIVE Now that the S&P 500 has hit a new closing low for 2022, it is a good time to rerun ... Read more »

What Happened To Alexander Calvert After Supernatural Ended?

Jon Kopaloff/Getty Images The CW’s “Supernatural” reached the end of its eventful 15 seasons in 2020. Over the years, brothers Sam (Jared Padalecki) and Dean Winchester (Jensen Ackles) faced off ... Read more »

Footage shows moment dog is rescued after spending over 26 hours down an old mining shaft in Cornwall

A was rescued by volunteers after spending over 26 hours down an old mining shaft. Suka, a Terrier, went missing on Sunday while out for a walk with her owner ... Read more »
Breaking thailand news, thai news, thailand news Verified News Story Network