PETERSON TRIAL Judge dismisses foreman, orders jury to start over

The judge offered no explanation for his decision.
LOS ANGELES TIMES
REDWOOD CITY, Calif. -- For the second time in two days, the judge in the Scott Peterson murder trial dismissed a juror Wednesday, replacing the foreman who had taken copious notes during the 51/2-month trial.
The dropped juror, who is a doctor and a lawyer, was replaced as foreman by Juror No. 6, a firefighter in his early 30s who has taken relatively few notes, legal analysts said.
An alternate, whose daughter is engaged to a man who used to work for Scott and Laci Peterson, was put on the jury.
A grim-faced San Mateo County Superior Court Judge Alfred A. Delucchi sent the panel off with a terse, "You must therefore set aside all past deliberations and begin deliberating anew."
The action was the latest in a case that has increasingly taken on a frantic, circus-like atmosphere -- and which already has become a staple of cable television and courthouse speculation.
"Excitement is bad for the prosecution," former prosecutor and trial analyst Jim Hammer said. "Prosecutors want a drama-free zone in the jury room. But there's a problem in there, and jurors are reaching outside for a solution."
The case took yet another twist late in the day, when the judge and lawyers met in chambers with the chief investigator for the San Mateo County district attorney's office, triggering speculation that further problems were imminent.
Peterson, 32, faces two counts of first-degree murder in the death of his pregnant wife, Laci, and could face the death penalty if convicted. Prosecutors, in a case built on circumstantial evidence, contend that he smothered or strangled Laci, then used his new boat to dump her body in San Francisco Bay on Christmas Eve 2002.
No explanation
Delucchi did not explain why the foreman, Juror No. 5, was taken off the panel. The man in his mid-40s originally was an alternate, who replaced the first juror who was dropped in June. On Tuesday, the judge replaced juror No. 7, Frances Gorman, who reportedly did her own research on the case. Three alternate jurors remain.
"This is very messy," said Paula Canny, a legal analyst and attorney. "The whole reason the judge sequestered this jury was so that it wouldn't be messy. Now it is the messiest jury deliberation I've seen."
The turmoil continued outside the courtroom.
A boat, a prop used by the defense, similar to the one the prosecution alleges Peterson used to dispose of Laci's body, was parked in a lot only a few blocks from the courtroom. In the boat was a headless dummy lying on the floor and clad in overalls. Attached to its arms and legs with yellow rope were cement anchors.
The boat was a reminder of an earlier dispute when jurors had visited Peterson's boat, and some of them climbed in and began rocking it, apparently testing its stability. Defense attorneys called that a violation of state law barring jurors from experimenting with evidence. Delucchi disagreed and said the jurors' actions did not favor the defense or the prosecution.
Sending a message
It was unknown who had put the boat in the parking lot, but defense lawyers were accused of trying to send some kind of cruel message.
Attorney Gloria Allred said she was concerned that word could reach the sequestered jury or Laci's relatives. Allred represented Amber Frey, Scott Peterson's girlfriend, who testified during the trial.
"I am appalled," said the attorney. "It is the height of disrespect for the victim's family to portray Laci as a dummy."
Later, locals began filling the boat with flowers and candles in a tribute to Laci and her son.
About 3:50 p.m., Delucchi called lawyers into chambers along with Bill Cody, the chief investigator for the San Mateo County district attorney's office. It was not clear why the veteran investigator was summoned by the judge.
Jurors will be sequestered today for Veterans Day. No deliberations are scheduled.