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Scott Peterson New Trial Ruling Due Monday

The Judge in the Scott Peterson case is scheduled to rule on Scott Peterson's motion for a new trial Monday. If he denies it, Peterson will be sentenced Wednesday. If the judge affirms the jury's death sentence, he will be transferred from the county jail to San Quentin's death row, where he will wait five years before a lawyer is appointed to represent him in his first appeal.

He will have his own cell, he will be allowed outside in the prison yard for five hours a day and he will be offered three showers a week. Meals will be given at the same hours three times a day.

It will be Peterson's routine for decades to come as his case is appealed. Peterson will sit on death row for more than five years before he is appointed an attorney for his first and mandatory appeal to the California Supreme Court.

A big reason for the delays is that there are too many inmates with too few lawyers willing to volunteer for the relatively low-paying job. A condemned Peterson would join about 120 others who do not yet have lawyers.

And even when an attorney is appointed, there are no deadlines for California's high court to act. Of the 38 states with the death penalty, California moves the slowest toward executions. The most active death penalty state, Texas, has executed 23 inmates this year and 336 since 1982, when executions resumed there.

The best issue for reversing the conviction may be juror misconduct and discovery violations by the prosecution.

KTVU Fox 2 has learned that one of the discovery violations was based upon an apparent phone conversation taped between an inmate in Modesto and his brother.

"The tape has a brother outside of jail telling the brother in jail that he had heard that people had burglarized Laci and Scott's house," said attorney Michael Cardoza, who has assisted with Peterson's defense. "(It goes on) that Laci had surprised them and that there were words between the burglars and Laci and then it went from there.

The bigger issue to me is the jurors' experiment with the boat. A juror interviewed after the verdict confirmed that he and others got inside the boat to test it for buoyancy.

< Judge Issues TRO to Protect Detainees From Transfer | Will DeLay Survive? >
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  • Re: Scott Peterson New Trial Ruling Due Monday (none / 0) (#1)
    by Talkleft Visitor on Mon Mar 14, 2005 at 08:29:54 AM EST
    My prediction: NO new trial, Perterson is sentenced to DEATH and becomes an inmate at San Quentin, where his real nightmare will begin! New trial will be denied: Harmless error.

    Re: Scott Peterson New Trial Ruling Due Monday (none / 0) (#2)
    by Dadler on Mon Mar 14, 2005 at 12:00:41 PM EST
    zowe, the real nightmare would be life without parole. on death row, he'll be safely isolated. there's the rub.

    Re: Scott Peterson New Trial Ruling Due Monday (none / 0) (#3)
    by Talkleft Visitor on Thu Mar 17, 2005 at 04:41:36 PM EST
    i am glade he got death row, he is no good, he needs to pray now for his life after death, when god will judge him,