June 24
CALIFORNIA:
Ex-Scott Peterson juror: Prosecution has failed so far
A juror dismissed from the Scott Peterson murder trial criticized the
prosecution's case on Thursday, saying there had been no good explanation
of how or why Peterson would have killed his pregnant wife.
Justin Falconer, replaced Wednesday by an alternate, told reporters
outside the courtroom that he would have found Peterson not guilty.
"He'd be innocent, because the prosecution hasn't given us any reason to
believe otherwise so far," the 28-year-old airport screener said.
He said Thursday that he did not believe the prosecution's arguments that
Peterson was motivated by an affair with massage therapist Amber Frey or
by financial concerns to kill his wife, Laci.
"I can't imagine a person uprooting their life for 4 dates," he told CBS'
The Early Show, adding, "Laci was worth a lot more money alive than she
was dead."
And while the defense has not yet presented any witnesses, Falconer said
those called by prosecutor Rick Distaso had scored as many points for the
defense as for the prosecution.
"It really makes you wonder why he's calling the people that he's calling
right now," Falconer told ABC's Good Morning America.
The 11 other jurors each were questioned privately by Judge Alfred A.
Delucchi on Wednesday.
After Falconer was dismissed, defense attorney Mark Geragos called for a
mistrial, saying the media had tainted the trial. Delucchi denied the
request.
"I've got a client who is on trial for his life," Geragos said, "I think
it's an outrage what is going on in this case."
Delucchi didn't specify why Falconer was dismissed, but the juror said the
deciding factor was his televised exchange with Laci Peterson's brother,
Brent Rocha. A video camera recorded Falconer and Rocha joking inside the
courthouse last week.
Falconer admitted discussing media coverage of that incident with his
girlfriend, and said the other jurors had become aware of the controversy.
"I was being hounded, and it was around the other jurors," he told CBS.
"So I understand why I'm not in the jury."
Prosecutors allege Peterson, 31, murdered Laci in their Modesto home on or
around Dec. 24, 2002, and that an affair was his alleged motive. They
charge he then dumped Laci Peterson's body into San Francisco Bay, using a
cover story that he went fishing.
The defense asserts someone abducted Laci Peterson, then framed her
husband after hearing his widely publicized alibi.
Falconer said Geragos has effectively punched holes in the prosecution's
case.
"He's doing a really good job. He's going after the prosecution's theories
very well," Falconer said.
He told NBC's Today show that Peterson's apparent double alibi he told
investigators he was fishing, but others that he was playing golf did not
cast doubt on his story.
"It could have been he was just confused. It could have been he wasn't
thinking straight," Falconer said.
After Falconer was dismissed, Geragos launched a caustic cross-examination
of Detective Allen Brocchini, even getting the detective to admit he had
made a mistake.
Peterson told police he and Laci had been watching a Martha Stewart show
that referenced meringue on the morning he left for his fishing trip. In
their opening statements, prosecutors said there was no mention of
meringue on the Martha Stewart show that aired on Dec. 24 only on Dec. 23,
implying Peterson had lied.
In his own opening remarks, however, Geragos showed that meringue was
mentioned on both the Dec. 23 and Dec. 24 shows.
On Wednesday, he pointed to Brocchini's police report where the detective
noted that no meringue was mentioned on the Dec. 24 show.
"That's what I wrote," Brocchini said. "But I was wrong."
Brocchini was due back on the witness stand Thursday for a 3rd day.
(source: Associated Press)
