Scott Peterson Appeal
Scott Peterson's Case -- Open for Appeal?
Prevailing legal wisdom holds that the higher the number of jurors dismissed in favor of alternates, the greater the likelihood that the jury deliberations were tainted with error. Thus, the Scott Peterson case, although the media attention currently is focused on other pending cases now that this highly publicized trial is drawing to a close, may have justifiable grounds for an appeal upon the fact that the jury deliberations were biased, and contained extraneous information. (Hayes, 2004)
The first dismissed juror from the case, let go only four weeks into the five-month trial discussed with other jurors the fact that he believed Scott Peterson was innocent. He was then seen on a courtroom security camera joking with Laci Peterson's brother while inside the courthouse. By dismissing this man, Peterson's attorneys could argue, the judge created the perception in the jury room, however subtly, that Peterson was guilty. Even worse, the second dismissed juror, Fran Gorman, Juror 7, may have brought tainted or outside evidence into the deliberations. After all the testimony in the case had been heard, and Gorman began her participation in the jury's discussions, it was revealed that she had injected into the deliberations some of her own outside "research." Then, the foreman, the foreman recalled the substance of her "research" had been passed along to him in conversation. Not wanting deliberations to be further imperiled, the man asked to be relieved of his official duties. (Hayes, 2004)
Other potential issues that could affect the appellate court's decision to overturn the verdict are the potentially tainted or biased testimony of Peterson's lover, Amber Frye. However, jury tainting by outside information deemed to be substantial in the determination of the final decision of the assembled jury is without a doubt the most serious allegation, as, if it were proven correct, then the verdict would have to be overturned and a new trial instituted.
Works Cited
Hayes, Matt. (15 November 2004) "Jury Problems May Give Scott Peterson Grounds for Appeal." Behind the Bar. Fox News. Retrieved November 24, 2004 at http://www.foxnews.com/story/0,2933,138637,00.html
