Final arguments begin in Scott Peterson's bid for new trial
Scott Peterson was convicted of killing his wife Laci in 2004, but questions over a possibly biased juror has led to Peterson's defense team to push for a new trial.
Court back in session
The hearing resumed around 1:40 p.m.
Dave Harris, representing "The People," is set to speak for about an hour. Then, Peterson's attorney will speak.
BACK IN SESSION: We'll continue to hear from Dave Harris, representing "The People" in this hearing, he's got about an hour (at most) left he told the judge before lunch.
— Madisen Keavy (@madisenkeavy) August 11, 2022
Then, we'll get about a half hour from Peterson's attorney. Then it's a 90 day MAX wait for a decision.
Harris: Nice wasn't very good at filling out forms and demonstrated so, Harris said, in multiple occasions. @CBSSacramento
— Madisen Keavy (@madisenkeavy) August 11, 2022
Recess
The hearing is now in a lunch recess until 1:30 p.m.
Gardner's final words were for the court to consider the evidence in totality, now Harris uses the same phrase, to read more of Nice's answers on this jury questionnaire. @CBSSacramento
— Madisen Keavy (@madisenkeavy) August 11, 2022
We're streaming this hearing on @CBSSacramento -- Peterson is no stranger to days in court like this in San Mateo County, he was first convicted in this courthouse back in 2004. Trial was moved here originally because of "massive" publicity.https://t.co/wLDWW89K13 pic.twitter.com/1XfGxDo0Sg
— Madisen Keavy (@madisenkeavy) August 11, 2022
Defense focuses on juror Richelle Nice
Peterson's defense attorneys are focused on juror Richelle Nice.
Nice failed to disclose during the original trial's jury selection that she had sought a restraining order while pregnant in 2000.
Prosecutors say Peterson's attorneys have presented no evidence to support their assertions that he deserves a new trial that Nice had a "darker motive" to be on the jury "and was in essence a stealth juror.
Defense is focused on the inconsistencies, they say, in Nice's recollection of events in her life related to the two incidents that would relate to a crime, domestic violence.
— Madisen Keavy (@madisenkeavy) August 11, 2022
We see quotes from a 2000 restraining order vs. 2022 testimony given as part of this hearing.
The jury questionnaire is to determine if a juror is qualified to serve as a juror.
— Madisen Keavy (@madisenkeavy) August 11, 2022
Ultimately, this hearing is all about Nice's answers in that questionnaire, that they say, she did not answer truthfully and therefore, its misconduct and Peterson should get a new trial.
Court hearing starts
CBS13's Madisen Keavy is in the courtroom for Peterson's court appearance.
The court session started just after 10 a.m. Laci Peterson's family are sitting in the jury box.
Starts in on the jury misconduct, that the juror nicknamed "Strawberry Shortcake" did not disclose information during voir dire, that she had "concealed relevant facts." @CBSSacramento
— Madisen Keavy (@madisenkeavy) August 11, 2022
This is all about a juror who failed to disclose during jury selection that she 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. @CBSSacramento
— Madisen Keavy (@madisenkeavy) August 11, 2022
San Mateo County Superior Court Judge Anne-Christine Massullo: "Not everyone has the same definition of a lawsuit..."
— Madisen Keavy (@madisenkeavy) August 11, 2022
Gardner agreed.
Later on, Judge Massullo: "would it not be important then for the attorneys during the actual voir dire, to clarify..." @CBSSacramento