Scott Peterson’s trial attorney missed an opportunity to grill a California juror who eventually helped send him to death row for murdering his pregnant wife and unborn child, his appellate lawyer conceded Thursday while arguing the former fertilizer salesman deserves a new trial because of juror misconduct.
Attorney Cliff Gardner, who alleges juror Richelle Nice was biased and lied to get on the jury that convicted Peterson in 2004, said it was a mistake not to question Nice after she indicated on a jury questionnaire that she couldn’t stick solely to evidence at trial and avoid preexisting opinions from influencing her verdict.