Sentence Not A Sure Thing

Peterson's sentence no sure thing for either side

A legal analyst says Scott Peterson's defense team may have a slight edge in the case's sentencing phase.

Jim Hammer says defense attorney Mark Geragos can present his client's law-abiding history as a reason he should get life in prison. Prosecutors have to show the jury there are aggravating circumstances justifying the death penalty. Some examples are a bad social history or a history of criminality. Hammer says hurting the defense's case is Geragos himself. Hammer says "the same lawyer, whom the jury doesn't believe" now has to stand before them and argue for his client's life. Hammer predicts Scott Peterson won't testify in the sentencing phase, which begins November 22nd. He says the defense wouldn't want his testimony used against him if they're granted an appeal in the future.