Peterson trial: Cameras banned

Delucchi said that cameras might have a "chilling" effect on jurors and witnesses - a decision welcomed by both Geragos and the prosecution.

"This is about justice and justice demands that cameras not be in the courtroom," said Stanislaus County Senior Deputy District Attorney Dave Harris.

Attorneys for print and broadcast media outlets argued, however, that cameras would help make the trial public.

Lawyer Rochelle Wilcox, on behalf of numerous television stations, contended that cameras would provide public access and a catharsis for Modesto residents who've been involved in the case since Peterson's pregnant wife, Laci, disappeared on Christmas Eve 2002.

"They grieved for her and now they need to know what happens in the courtroom," Wilcox said.

Karl Olsen, representing print media, likened the courtroom spectacle to Sunday's Super Bowl which millions could not attend but viewed from the comfort of their home and from photos in newspapers - a metaphor that garnered no consideration by either Delucchi or defense attorney Mark Geragos.

"This is not the Super Bowl or some psychobabble for some perceived catharsis," Geragos said.

Geragos said cameras would add to the carnival-like atmosphere that sprung up around the case in Modesto and prompted former Judge Al Girolami to move the trial to San Mateo County. Geragos pointed out that a roving billboard was already patrolling the area, displaying a booking photo of Peterson and asking listeners of Talk 910 AM in San Francisco to voice their verdicts. A tally of votes was also displayed.

Delucchi asked the sheriff's office to keep the billboard from circling too close to the courthouse.

He also agreed that cameras, no matter how small or unobtrusive, could cause witnesses to act "antsy" which in turn will taint the impressions of the jurors.

"I'm going to deny them to ensure the orderly conduct of the trial," Delucchi said.

Sympathy for those potential jurors permeated the short proceedings, with Delucchi concerned for their privacy and the amount of daily testimony they will be expected to absorb. Delucchi said the trial will run Monday through Thursday for about five hours each day.

The possible sequestering of the jury - a move Geragos wants and prosecutors oppose - is also on the table but that decision is delayed at least one week.

Geragos asked for the one-week postponement to allow him to finish a different murder trial in Pasadena. Geragos expects that trial to last no more than seven or eight days. Peterson's 60-day cutoff for a speedy trial reached its end yesterday so the 31-year-old fertilizer salesman agreed to a limited waiver.

Calling the decision a "regrettable necessity" were the only words spoken by Peterson during the hearing which lasted less than one hour. Wearing a light gray suit, Peterson thanked the bailiffs escorting him to his chair and acknowledged family members but otherwise remained quiet during the proceedings.

Peterson could receive the death penalty if convicted of killing his wife and unborn son. The case against him has riveted the nation and fractured his relationship with his wife's family, who sat across the courtroom from the Peterson clan.

The hearing was short because of the requested delay but did allow Geragos to withdraw his motion objecting to Delucchi as judge. Delucchi was appointed after prosecutors challenged the first appointed judge, Richard Arnason of Contra Costa County. Geragos changed his mind yesterday, later calling the retired Contra Costa judge "even-handed and fair."

Geragos also hinted that San Mateo County may be little more than a "way station" if he believes that an impartial jury cannot be found here.

"There is always the issue of whether you can get a jury in a jurisdiction," he said.

Geragos is seeking a jury survey prior to the pre-trial motions, a request opposed by prosecutors.

Prosecutors have no desire to switch cities again.

"We're happy to stay here," said John Gould, spokesman for the Stanislaus County District Attorney's Office.

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.