Testimony could give Scott Peterson a new trial. Who will take the stand starting Friday?
Scott Peterson juror Richelle Nice is scheduled to take the stand Friday to testify about answers she gave on a jury questionnaire more than 17 years ago that are now the basis of claims she was biased against Peterson. If those claims are found to be true, Peterson could be granted a new trial in the deaths of his wife, Laci, and the couple’s unborn son.
The evidentiary hearing is expected to last more than a week. Peterson’s attorneys have subpoenaed witnesses including other former jurors, journalists and documentary filmmakers who spoke to Nice following Peterson’s 2004 murder convictions.
Jurors are barred from talking about a case during a trial but Nice — identified in court documents as Juror 7 — gave dozens of post-verdict interviews, co-authored a book with other jurors and exchanged letters with Peterson while he was on death row.
The prosecution moved to exclude testimony about post-verdict statements and writings by Nice saying they are irrelevant to her state of mind at the time she filled out the questionnaire.
But Judge Anne-Christine Massullo reserved ruling on the prosecution’s motion until after Nice testifies and said prosecutors could “object at the evidentiary hearing if they contest the relevance of such conduct or statement.”
“The issue is whether Juror No. 7’s non-disclosures ... amounted to juror misconduct and ‘masked substantial likelihood of actual bias,’” Massullo wrote in her order. “Thus, if (Peterson’s team) proves that Juror No. 7 committed misconduct, the Court will consider the totality of the circumstances in assessing her actual bias. This might include evidence of Juror No. 7’s post-verdict conduct.”
Nice will be the first to testify, but about a dozen others have been subpoenaed.
Parties on both sides submitted witness lists. For some of the witnesses, the attorneys gave brief explanations about what they are expected to testify to. Here is that list with information derived from court documents and Bee archives.
Johnny Dodd, journalist
A People magazine journalist who interviewed Nice in 2006 and wrote an article titled, “My Letters From Scott.” Peterson’s attorney’s say Dodd will testify to his personal knowledge of the substance of that article, including 17 letters Nice sent to Peterson while he was on death row and eight letters he wrote in return that were “obtained exclusively” by People.
Justin Falconer, dismissed Peterson juror
Falconer was a juror in the Peterson case who was replaced three weeks into the trial after he was seen talking to Laci Peterson’s brother. While the trial judge did not give a reason for the dismissal, Falconer told reporters the judge said he’d become a ‘distraction.’ But another juror later told The Bee Falconer repeatedly violated court rules by talking to other jurors about the case. Falconer at the time of his dismissal said he would have voted to acquit Peterson.
Peterson’s attorneys say Falconer will testify about conversations he had with Nice before his dismissal. They say Falconer will testify that Nice talked a lot about Laci and Conner, whom she referred to as “little man.” Attorneys say that Nice also talked to Falconer about having money problems as a result of being on the jury and that she could have been excused for financial hardship but stayed because she really wanted to be on the jury. Lastly, Peterson’s attorneys say Falconer will testify that he and Nice laughed about getting a book deal once the trial was over and which actors would play them when a movie was made about the trial.
Frank Swertlow and Lyndon Stambler, co-authors of ‘We the Jury.’
They covered parts of the trial in a rotation with other People magazine writers. After the trial, they worked with seven jurors, interviewing them to write the book ‘We the Jury.’
Peterson’s attorneys say Swertlow will testify that he interviewed Nice and obtained the statements attributed to her in the book. In one of those statements, she refers to Conner as “Little Man.” She said, “That was no fetus, that was child. Everyone heard I referred to him as ‘Little Man.’ If he could have been born, he would have survived. It’s unfair. He didn’t give that baby a chance.”
Steve Cardosi, jury foreman on Peterson trial
Greg Beratlis, juror on Peterson trial and co-author of ‘We the Jury.’
Shareen Anderson, executive producer, and Heath Orchard, cameraman for A&E Network
Anderson worked on a documentary for the Arts and Entertainment Network entitled “The Murder of Laci Peterson.” Peterson’s attorneys say Anderson and Orchard will testify about a photograph they saw on a wall at Nice’s home following an interview with her. The photograph was of a young child in pajamas. There was printing on the pajamas that read “Little-man.”
Mark Geragos, Peterson’s attorney during the 2004 trial
Craig Grogan, Stanislaus County District Attorney investigator
Grogan contacted other agencies and provided emails he received from them.
Bill Massey, a San Mateo County Senior District Attorney inspector
Massey made initial inquires to locate the current address of Nice and provided some items to Investigator Grogan.
Elliot Silver and Negad Zaky, Nice’s original attorneys
Silver had his associate, Zaky, work with Nice on the declaration submitted to the court regarding her answers on the jury questionnaire.
Nate Wandruff, Santa Clara County senior criminal investigator
Note: Which witnesses will ultimately testify will be determined by Judge Massullo. The attorneys can also decide to not call some witnesses.
This story was originally published February 22, 2022 at 8:30 AM.
