The same jury that convicted Scott Peterson of killing his wife and their unborn fetus will still decide Peterson´s fate.
Judge Alfred Deluchhi turned down motions by defense attorney Mark Geragos asking for a new jury, and seeking to move the penalty phase of the trial to a different county.
Geragos had argued that a different jury was needed because the outcome would be tainted.
He cited the ousting of two jurors during deliberations and the cheering by a crowd of more than one thousand people when the verdict was read.
In denying the defense motions, Delucchi called the case — quote — “a problem without a solution.”
He also pushed back the start of the penalty phase until November 30th.