Judge seals witness, jury names

Delucchi specifically told the courtroom full of reporters he is not against the press. Rather, he said his actions are an attempt to maintain normalcy amid the media circus that has sprung up around the 31-year-old fertilizer salesman's trial. Delucchi's decisions will help prevent Peterson's legal team from claiming the jury pool is already tainted and keep jurors from fearing retribution. It will also keep reporters from being subpoenaed to refute what witnesses might say in interviews, he said.

"The defendant's rights to a fair trial outweighs the media's rights," Delucchi said, adding that witness names will be made public at the time they are called to the stand.

Both defense attorneys and prosecutors agreed they wanted both lists kept confidential. Attorney Karl Olson, representing multiple print outlets, argued that disclosing the names helps keeps the jury impartial and the process fair.

"An anonymous jury is not the answer. Justice works best when it's exposed to the light of public scrutiny," Olson said.

Prosecutor Dave Harris said there would be no need to keep witness lists confidential if the media has a whole would exercise discretion and not "place themselves in the middle of this case."

In a case where the media is pouncing on every detail, Harris said preliminary hearing witnesses were harassed by journalists in Stanislaus County.

"The media has a right to gain information but they don't have the right to interfere in a criminal trial," Harris said.

Defense attorney Mark Geragos agreed, pointing out once again a roving billboard with his client's face on it. The billboard, sponsored by a San Francisco radio station, was ordered by Delucchi last week to remain a specific distance from the Redwood City courthouse but could still be spotted yesterday in the vicinity. The billboard - and two erected off of Highway 101 - shows Peterson's face and the tagline "Man or monster?" It asks listeners to vote on whether he is guilty of murdering his pregnant wife Laci and the couple's unborn son.

Geragos also cited examples of other murder cases he's handled in which Web sites were created about each juror. He said some sites specifically listed personal information such as home addresses.

Delucchi emphasized he had nothing against the media but that his respect for Peterson's right to a fair trial must outweigh access. If a witness tells a reporter something that differs with his or her court testimony, the journalist could be called to the stand to refute the information. If that happens, the trial could drag on even longer than its projected time frame, Delucchi said.

Delucchi also raised concern for the jury, noting that their privacy should be ensured as well.

The jury's well-being appears to be a common theme for Delucchi, who tackled similar issues in Peterson's first hearing last Monday. Delucchi asked that a jury questionnaire used to weed out those ineligible to serve not exceed 45 to 50 pages because it is "too much for them to sort."

Prosecutor Rick Distaso submitted a draft survey of about 35 pages to Geragos and the two sides are expected to continue formalizing the questionnaire. Delucchi also offered templates he's used in his previous death penalty cases.

Up to 250 jurors per day are expected to be called and Delucchi asked that any who claim hardship be excused that same day. Delucchi hopes to begin jury selection in about two weeks.

Geragos wants two jury panels to be chosen, one for the guilt phase and another for a potential penalty phase. Delucchi is expected to rule on that motion Wednesday morning as well as a request to sequester the jury during the six-month trial.

Following that, Delucchi will begin hearing pre-trial motions on evidence Wednesday starting with global positioning system data collected on Peterson. Although GPS is a common practice by police departments, Delucchi wants to hold a hearing on its admissibility first.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.