Scott Peterson Verdict

The judge in the Scott Peterson double-murder trial announced Friday that jurors have reached a verdict.

Read the story:Peterson Jury to Announce Verdict Today (Post, Nov. 12)

Audio: Reading the Verdict

Judge Alfred Delucchi said the panel would read its verdict at 1 p.m. PT (4 p.m. ET) at the San Mateo County courthouse in Redwood City, Calif.

Criminal defense lawyer Jeralyn Merritt was online Friday, Nov. 12, at 4 p.m. ET to discuss the verdict.

A transcript follows.

Editor's Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions.

_____________

Jeralyn Merritt: Hi everyone. The Judge is about to read the verdict. It will be played live on audio but there will be no cameras in the courtroom.

_______________________

Jeralyn Merritt: It's time. The courtroom is filling up. There are 20 bailiffs in the courtroom. Mark Geragos may be on his way. It doesn't look like the judge will wait for him.

_______________________

Jeralyn Merritt: The Washington Post also is carrying the live audio feed. Go here.

_______________________

Jeralyn Merritt: The audio feed is on. You can hear conversation, which means the judge hasn't yet entered the courtroom.

_______________________

Jeralyn Merritt: Here we go.

_______________________

Jeralyn Merritt: False alarm, it was only a reminder to reporters to turn off their cell phones. Attorneys are in chambers right now.

_______________________

Jeralyn Merritt: Count One. First degree Murder. The jury finds Scott Peterson Guilty.

_______________________

Jeralyn Merritt: The jury finds special circumstances--Scott Peterson will face a death penalty trial.

_______________________

Jeralyn Merritt: The jury is being polled to make sure this is really their verdict. They all answer unhesitatingly yes.

_______________________

Jeralyn Merritt: As to the unborn baby, Scott Peterson was found guilty of second degree murder. No premeditation.

_______________________

Jeralyn Merritt: The penalty phase is now scheduled for the 22nd. The jury won't be sequestered. It will take less than a week. Court is over. Let's get to your questions.

_______________________

Alexandria, Va.: What do you project the appeal strategy to be for the defense team?

Jeralyn Merritt: Juror misconduct will be right up there. So will court rulings on the admission and exclusion of evidence.

_______________________

Jeralyn Merritt: The focus will now shift to saving Scott Peterson's life. The same 12 jurors will decide his fate. He will face either life in prison or the death penalty.

_______________________

Arlington, Va.: Why is Connor's only second degree?

Jeralyn Merritt: The jury had to believe that there was no premeditation or intent with respect to Connor. I agree it is very inconsistent. This will clearly be a ground for appeal.

_______________________

Portland, Ore.: Will we ever find out why the jurors were removed? Will that be cause for appeal?

Jeralyn Merritt: The first juror reportedly was dismissed for doing some kind of research on her own. Jurors are not allowed to bring extraneous material into the courtroom. They must make their decision solely based on the evidence presented.

It is not as clear why the second juror was dismissed. But it must have been a serious violation of the juror conduct rules.

_______________________

Reston, Va.: In your opinion, what was the most compelling piece of evidence presented that warranted a guilty verdict?

Jeralyn Merritt: The strongest evidence for the prosecution was the fact that the bodies were found so close to where Scott said he was fishing the day she disappeared.

_______________________

Jeralyn Merritt: Scott Peterson displayed no emotion as the verdict was read. He stared straight ahead. Mark Geragos was not present.

_______________________

washingtonpost.com: We apologize for the malfunctioning of the Live Streaming Audio Link for the verdict. We are told that it happened due to very heavy traffic on that particular link.

_______________________

Fairfax, Va.: I know it's a guess, but do you think the relatively quick verdict from the last set of jurors bodes ill for Peterson's sentence?

Jeralyn Merritt: It's not a great sign that the newly reconstituted jury came back with a murder one verdict so soon. But let's not prejudge it. Peterson is young, and this is his first offense. They may not want to sentence him to death.

_______________________

NW Washington, D.C.: In hindsight should Scot have taken the stand?

Jeralyn Merritt: No, Scott would have been a disaster on the witness stand. He had no credibility because of all his prior lies. Even though his lies were not related to the crime, they still would hurt.

_______________________

Arlington, Va.: When, if at all, will the jurors be allowed to discuss their reasoning behind their verdicts, such as the 2nd degree finding for Connor?

Jeralyn Merritt: The jury gag order should be lifted after the verdict in the sentencing phase.

_______________________

Potomac, Md.: Any idea why Geragos was not present. I would think this was an important time for him to be present! If this is unusual will this tarnish Geragos?

Jeralyn Merritt: Geragos had previously told the Judge he had another commitment today. I don't think this will tarnish him. He's still under a gag order.

_______________________

NW Washington, D.C.:

Please explain how his lawyer cannot be present for this? Isn't that outrageous.

Jeralyn Merritt: He did have his lawyer Pat Harris present. There is no duty of all lawyers to be present. Pat Harris questioned witnesses during the trial and was a major part of the defense team. Scott's rights were adequately protected.

_______________________

Washington, D.C.: Do you know if there were any plea discussions prior to this case going to court?

Jeralyn Merritt: I don't know if there were plea discussions. I doubt it, because it doesn't seem like the prosecutors would want a to give Peterson any kind of break if he admitted the killings.

_______________________

Ledroit Park, Washington, D.C.: How did the Rochas react?

Jeralyn Merritt: Sharon Rocha cried. So did Ron. Jackie Peterson is leaving the courthouse now.

_______________________

Arlington, Va.: If the jury sentences Peterson to death, does that trigger an automatic appeal? And what do you think are the chances that the guilty verdict will be overturned on appeal?

Jeralyn Merritt: Yes, a death sentence automatically will trigger an appeal. One question is who will represent him? Will he have money left for private counsel, or will the public defender take over?

_______________________

Tucson, Ariz.: Years ago a lawyer friend told me that innocent people scream like crazy when they are charged with a crime ... guilty people get a lawyer first, then claim innocence. This observation has worked correctly for years.

Jeralyn Merritt: Interesting observation. It reminds me of the "nanny" trial of Louise Woodward, where she collapsed, sobbed and cried "I didn't do it" when the verdict was read. One of the most heart-rending moments I recall in tv trial coverage.

_______________________

Alameda, Calif.: Can jurors be compelled to say what happened during deliberations if it helps an appeal?

Jeralyn Merritt: No. What happens during deliberations is sacrosanct and stays in the jury room if they don't want to talk. Otherwise, jurors might be afraid to speak their true thoughts.

_______________________

Desde Tejas:
You said, "Jurors are not allowed to bring extraneous material into the courtroom. They must make their decision solely based on the evidence presented."

Really? This kind of goes to the "jury nullification" or "jury autonomy" ideas, about which I'm much interested and hold different opinions on different days.

Leaving aside the importation of paper documents into the jury room, can not a juror, based on previous knowledge or researching dubious evidence presented in court, form his or her own opinion, argue it in jury?

Jeralyn Merritt: No. Jurors are not allowed to research what they hear in court and bring it into their deliberations.

_______________________

Rome, Italy: Any thoughts on the defense strategy for the sentencing phase? Will Mr. Geragos participate in that phase or fade to the background?

Jeralyn Merritt: Geragos may participate, or he may use death penalty counsel. That would be the wisest choice. Death is different. Death penalty strategy is very different than guilt phase strategy.

_______________________

Boise, Idaho: At the very beginning of all of this, I remember hearing that Scott had a girlfriend in college who disappeared and was never seen again. Was there ever any resolution to this, and if not, do you think this case may be reopened in light of this verdict?

Jeralyn Merritt: Yes. That was resolved and it had nothing to do with Scott Peterson.

_______________________

Silver Spring, Md.: Why do you think this version of the jury decided so quickly?

Jeralyn Merritt: My view is that the jury based its decision based on their gut feeling as opposed to a cold review of the facts. The foreman that was discharged was an analytical type who wanted to review all of the evidence. The jury was clearly frustrated while he was in charge.

_______________________

New York, N.Y.: Who is paying the defense lawyers fees? Peterson is not as wealthy as O.J. Simpson.

Jeralyn Merritt: So far the Peterson family and friends have paid his legal fees. Whether there will be more funds for an appeal is an open question.

_______________________

Roseville, Calif.: I'd appreciate your thoughts from watching this up close: Why did he do it?

Jeralyn Merritt: The prosecution's theory changed from the beginning of the trial to the end. They floated every possible theory, from he did it to be with Amber to he wanted his bachelor life back.

I don't buy any of the motive theories.

_______________________

Chantilly, Va.: Do you think it influences the jury when a defendant doesn't take the stand in his own defense? Especially in a case with the possibility of life without parole or the death penalty?

Jeralyn Merritt: Jurors always want to hear from the defendant. But they are instructed not to consider the fact that he doesn't testify. I think they understand that. Better to have a non-testifying defendant than one whose testimony buries him. Jails are filled with people who thought they could talk their way out of the charges.

_______________________

Washington, D.C.: Do you feel that the Petersen family has been vilified in this case? I can't fathom why else his family was booed as they left the courthouse.

Jeralyn Merritt: Keep in mind that the people at the courthouse are for the most part, members of the guilt squad. Unfortunately, guilt sells in America. Innocence doesn't.

_______________________

Jeralyn Merritt: The Judge has just imposed a gag order on the families so you won't hear from either the Peterson or the Rochas.

_______________________

Washington, D.C.: How does the jury foreman get selected/appointed? Did the other jury members request that he be removed?

Jeralyn Merritt: The jury elects its foreman. If a juror violates the judge's instructions, they can call it to the attention of the Judge, which is what happened here.

_______________________

Arlington, Va.: Although I think he's probably guilty, I'm troubled by a guilty verdict where there is no direct evidence, and (I think) relatively weak circumstantial evidence. Thoughts?

Jeralyn Merritt: I am troubled by the verdict. There was almost no direct evidence tying him to the crime. But the defense didn't carry the ball at the end of the day. It didn't prove the unborn baby was alive after Laci disappeared. It didn't prove up alternative suspects into a cohesive defense.

We don't know if the Judge wouldn't allow the evidence or if Geragos just didn't have it.

_______________________

Dale City, Va.: You said you don't buy any of the prosecution's theories. Do you think Scott is guilty of murdering his wife?

Jeralyn Merritt: I don't know if he was guilty. As a lawyer, I view the case from the perspective of whether the prosecution proved it, not whether or not he did it.

_______________________

Santa Rosa, Calif.: How did Peterson afford Geragos' fees? What would you estimate his legal bill to be?

Jeralyn Merritt: It has been estimated the legal fees were a million dollars. That may have included costs and experts fees however. It is not an outrageous amount for this kind of trial.

_______________________

Washington, D.C.: What does the 2nd degree murder conviction for the unborn son Laci was carrying mean for the abortion debate?

Jeralyn Merritt: The relevance is that a federal law was passed called the "Laci and Connor Law" making it a separate crime to kill a fetus. The law defines an unborn baby as a person, and that is believed by many to have implications for abortion rights.

_______________________

Jeralyn Merritt: Unfortunately, my time is up. This has been an incredible verdict watch. Stay tuned, the penalty phase will be big and so will the appeal. Thank you all for being here with us.

_______________________