Peterson Incapable of Murder, Jury Told

REDWOOD CITY, Calif. —  Two witnesses in the penalty phase of the Scott Peterson trial Monday bluntly told jurors who had convicted him of double murder that he was incapable of such a crime.

They were among 14 defense witnesses called Monday who said they could not reconcile their recollections of a kind and hardworking young man with an individual capable of killing his wife and unborn child.

Criminal trial analysts suggested that their reminiscences of the defendant were designed to appeal to possible lingering doubt in jurors’ minds, given that prosecutors had presented a largely circumstantial case.

When asked by a defense attorney what she thought about the jury being asked by prosecutors to recommend a death sentence, Peterson’s cousin, Carrie Archer, muttered, “It doesn’t seem right. It doesn’t seem fair.”

A family friend, Sandra Bertram, said, “I do not believe he is guilty of this crime. I don’t believe he could have done this.... The child I saw daily, he could not have done this.”

More defense testimony is scheduled for today and Wednesday, with jurors expected to begin deliberating on a recommended sentence, which could include death, on Thursday.

Peterson, 32, was convicted last month of killing his wife, Laci, and her fetus.

Some court observers said that having the witnesses challenge the jury’s decision could backfire. “A huge mistake,” said Redwood City defense attorney Dean Johnson.

Johnson also was puzzled by the defense strategy of having witness after witness portray Peterson as flawless. “I thought I had walked into a canonization hearing, not a penalty phase in a murder trial,” Johnson said.

Trial analyst Bob Massi agreed, adding that the defense team, led by Mark Geragos, had seemingly failed to sufficiently prepare the witnesses, or research the hot-button issues that might sway some jurors.

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Times staff writer Jesus Sanchez in Los Angeles contributed to this report.