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Judge Formally Sentences Scott Peterson to Death

Aired March 16, 2005 - 13:33   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


KYRA PHILLIPS, CNN ANCHOR: If you're just tuning in to CNN, we're continuing to follow the breaking news story out of Redwood City, California. Formal sentencing to happen any moment now. But we can tell you that the judge in the Scott Peterson case has come forward and said that he will sentence Scott Peterson to die by lethal injection. He should be leaving the courtroom, headed to San Quentin this afternoon. Right now, we're hearing from family members.
David Mattingly, you got to know those family members. You even spoke to Scott Peterson back when this all began. Obviously, what we're hearing in the courtroom, a tremendous sense of betrayal that you felt, you heard, when you talk to this family two years ago.

DAVID MATTINGLY, CNN CORRESPONDENT: That's right. You have to remember, back in the early days, when Laci was first reported missing, the Rocha family supported Scott Peterson. They loved this man. They viewed Laci and Scott as a happy, loving couple, and they took Scott into their family as one of their own. It wasn't until that the evidence came up that the investigators started coming to them saying that Scott has a girlfriend, Amber Frey, that break occurred. And that sense of betrayal has now been festering for two years, and we're hearing it all come out now. All the words they wanted to say to Scott Peterson are now coming out in that courtroom, and we're hearing it is a very emotional scene, calling him every name in the book, a great many tears being shed in there by the Rocha family.

PHILLIPS: Anything specific that we can -- I know we heard From Laci Peterson's mom, Sharon Rocha. We also heard from sister, Amy Rocha, and also father, Dennis Rocha. Anything specific that stands out, something compelling that we heard just moments ago?

MATTINGLY: In the notes coming out of the courtroom, one thing that really struck me was a comment from Sharon Rocha, Laci's mother, who said, "You, Scott, are proof that evil can lurk anywhere. You murdered her. Why did you murder Laci, Scott?" That's what she's saying to him. "How dare you murder her. She was my daughter." Again, just a hint of the sense of betrayal that's being felt -- that's being expressed there in that courtroom. They've had two years to think about what they're going to say, and now it is all coming out.

PHILLIPS: David, stay with us. We want to go out to Redwood City, California, just outside the courthouse, where Chuck Smith, former prosecutor, in Redwood City standing by.

Let's talk about the next step for Scott Peterson. Once we get the formal sentencing, which I understand is going to happen any second now, Chuck. Let's talk about what happens with Scott Peterson. He leaves -- we're not going to hear from him, I understand. So he's going to get up, leave, he's going to leave -- does he head straight to San Quentin?

CHUCK SMITH, FMR. PROSECUTOR: I'm sorry, Kyra. And after he leaves, yes, he goes straight to San Quentin within the next 48 hours. So he'll be initially transported back across the street to the county jail, where he's had a private cell, and he will remain there until the sheriff's escort, drives him to San Quentin, which is about an hour north of here. He'll be processed through the processing center there, which is just an awesome monolithic, old historic building, at San Quentin. And that's where he's going to spend the rest of his life.

PHILLIPS: And when you look at California's death row right now, 640 inmates currently sit on death row, Chuck. You covered, or you worked on the Beardsley case, and for 25 years, OK -- Chuck, I -- we are just getting word that the judge has formally sentenced Scott Peterson to death. It is now -- we're just getting word inside the courtroom, the judge, straightforward, formally sentenced Scott Peterson to death. So now we've heard from family members, the judge has formally sentenced him. We were saying, will it be any moment now that he will walk outside of that courtroom, as you say, head back across the street, and then head to San Quentin?

SMITH: And this is over. And one might ask, why did the family members have this opportunity to talk? Our victims rights legislation, which we've now had for about 20 years, allows them this chance to, as you say, say their last words, speak directly to this man and tell him what they think of him, and it's just a catharsis. It's an outpouring. It's an emotional release for them, and that's why we went through this. But when the formal sentencing then came, it was very quick. It was arraignment for judgment waived, you are sentenced to death, and basically get him out of here and take him there.

PHILLIPS: Chuck Smith, stay with us.

On the line, Augie Martin, CNN producer. She was inside that courtroom. Augie, tell us what you heard and -- were you there for the formal sentencing just a few seconds ago?

AUGIE MARTIN, CNN PRODUCER: Well, Kyra, and as you said a moment, I was in the listening room, which is actually about a block and a half away from the courtroom. But in a widely expected decision, Judge Alfred Delucchi did, in fact, accept the jury's recommendation and sentence Scott Peterson to death.

PHILLIPS: Augie, you also heard family members speak, their last words to Scott Peterson -- emotional, angry. We were reading some of the exact quotes. What sticks out to you? What do you remember? Who was the most powerful, you think, as they looked Scott Peterson in the eyes and gave them those final words before he leaves.

MARTIN: Well, the most emotional address to the court was probably from Laci's mother, Sharon Rocha, who actually burst into tears at the end, but had some very strong words for Scott Peterson. At one point, Scott's father, Lee Peterson, actually shouted out to Laci Peterson's brother, Brent Rocha, that he was a liar, and Lee Peterson then exited the court.

But Amy -- Laci's sister, Amy, her brother, Brent, and her mother, Sharon Rocha, in addition to her father, Dennis Rocha, and her stepfather, Ron Grant, all spoke on her behalf to the court.

PHILLIPS: Augie, I'm also getting word the judge fined Scott Peterson $10,000 for funeral expenses, is that right?

MARTIN: I cannot tell you anything about that. I had to leave the listening room in order to call you. That may have occurred after I left.

PHILLIPS: I'm looking actually at the blackberry, David Mattingly's blackberry here. We got word that it did, it just now happened. You were not in the listening room. The judge fining Peterson $10,000 for Laci's funeral expenses.

Augie, stay with us.

Rusty Dornin, now, I'm told, live outside the courtroom. So much happening, Rusty, just hearing what family members had to say. Now we're hearing that Laci Peterson's family, in addition to Scott Peterson's family, even getting into it there for a moment, in the courtroom, as a lot of heated -- I guess a lot of very blunt statements were being made, specifically by Laci Peterson's father.

RUSTY DORNIN, CNN CORRESPONDENT: Yes, just to clear it up, too, it wasn't really -- that $10,000 is not really a fine. It's restitution, victim restitution that they place on Scott Peterson for those funeral expenses.

But yes, very emotional in that courtroom this afternoon. When the judge said that it was a callous, uncaring, heartless crime, that he was going to go with the death sentence. Right after that, Brent Rocha, Laci's brother, got up on the stand, he told Scott Peterson, you don't understand yourself -- and at that moment, Scott's father, Lee Peterson, jumped up and began yelling that he was a liar. The bailiffs had to remove his father from the courtroom. His father was followed shortly thereafter by his mother, Jackie Peterson who apparently decided she did not want to hear Laci's family say the things about Scott that they were saying.

Brent Rocha went on to say that he even considered buying a gun, he was so angry at Scott Peterson. Brent was followed by Laci Peterson's sister Amy, her father, Dennis Rocha, her stepfather, and of course Sharon Rocha, who always gives very gut-wrenching testimony about her daughter, calling Scott Peterson a coward and a murderer.

But just moments ago, Judge Alfred Delucchi, no surprise, did formally sentence Scott Peterson to die by lethal injection -- Kyra.

PHILLIPS: What's the maneuvering behind not having Scott Peterson talk?

DORNIN: Well, if -- you know, he's maintained his innocence all along. If he's going to continue to go through the appeal process, you know, better perhaps that he doesn't go -- certainly, he wasn't going to apologize if he's maintaining his innocence. So, you know, they decided, look, there's nothing at this point they can do about that. There's nothing -- they're not going to change the judge's mind. This judge had a long history -- I mean, he's had more than 20 death penalty cases and he's never reversed a jury's decision. So certainly, the defense knows that. Knows that there's -- is not going to change the judge's mind. So they perhaps decided it just wasn't going to be worth it to have Scott Peterson take the stand, since he wasn't going to apologize.

PHILLIPS: Rusty Dornin, outside the courthouse. Chuck Smith, former prosecutor, in Redwood City, outside the courthouse. Thank you so much. David Mattingly, real quickly, before we head to break -- now that Scott Peterson will be heading to San Quentin, you brought the point up this guy, in a way, is going to become quite a famous inmate and could be quite a target.

MATTINGLY: That's right, the celebrity inmate. And it's going to be an adjustment for everyone there. They're going to be making sure they protect him so some other inmate doesn't try to make a name for himself and attack him. There's also preparing for a great deal of public response. A lot of letters they're expecting to Scott Peterson from people wanting to establish a friendship with him. So this is going to be very long, drawn-out thing there at San Quentin. Scott Peterson, very much their celebrity prisoner of the moment.

PHILLIPS: David Mattingly, thanks so much. If you're just tuning in, Scott Peterson, formally sentenced to die. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: And we continue our breaking news coverage as the judge in the Scott Peterson trial sentences Scott Peterson formally to die by lethal injection. He'll be headed to San Quentin not long from now. Ted Rowlands was inside the courtroom for all the drama within the past hour or so. He's with us now live. Ted, give us a play-by- play.

TED ROWLANDS, CNN CORRESPONDENT: Well, I tell you what, Kyra, it was very, very emotional. And I'm sure you have a sense of that on some of the transmissions that were coming out of the courtroom. There were a lot of tears on the prosecution side. Laci Peterson's family was there as each person got up to address Scott. There was a lot of sobbing going on. The jury was actually in the jury box. And they, too, were pretty much, to a person, breaking down and crying during some of the emotional parts of the testimony.

It started with Brent Rocha, Laci Peterson's brother, and he went on and on, and very eloquently, berated Peterson. At one point, he admitted, he said I bought a gun on January 4th, a few weeks after Laci had disappeared. He said, I didn't kill you and I'm glad I didn't kill you now so you have to wait this out and sit with your own thoughts. He told Peterson when he's headed for the execution chamber to look out on the San Francisco bay and see Brooks Island and that will remind you of Laci, he said. Then the most riveting, emotional, was Sharon Rocha, as you might imagine. Laci Peterson's mother, talking about never getting to know her grandson, talking about specifics, about bringing up the grandson.

Peterson, throughout this, a couple times, he just shook his head. At one point, shook his head to Brent Rocha. And then once he realized that this was going to be going on for a while, he just stood there. And he looked at each person directly in the eye. Laci Peterson's father, her biological father, Dennis Rocha, got up and he was the most aggressive. He swore at Peterson, calling him a number of names. The judge had to ask him to tone it down in terms of the language.

Jackie and Lee Peterson both left at different times during this. At one point, Lee Peterson started shouting out, you're a liar, you're a liar. Judge Delucchi turned to Lee Peterson and said are I don't care who you are, you be quiet or you're out of here. Lee shook his head then and walked out of the courtroom. And about ten minutes later, Jackie Peterson got up and left the courtroom as well. Throughout this, there were little catcalls from the defense side, the Peterson families. It was hard to understand what they were saying. They were trying to interrupt it. The judge was going to have no part of that, however.

And safe to say Scott Peterson sat and listened as this family said exactly what they wanted to him. He looked at them, they looked at him, and they had their piece. I think you could say that the judge gave them as much time really as they wanted, at least for the principal people. He told some of the others to wrap it up quickly. But very, very emotional scene in there.

It was a secure scene, as well. There were police on both sides, a sheriff's deputy, the Modesto police detectives that have been on this case since the beginning were all lining the sides, everybody armed. Peterson was handcuffed during this proceeding. In other proceedings, he has not been handcuffed. And there was a sheriff's deputy right over him. Obviously, security was a major concern inside the courtroom.

From here, they have ten days, to San Mateo County, to transport Scott Peterson to San Quentin, will which be his new home. And then, barring a successful appeal, he will be executed at San Quentin State Prison sometime in the future -- Kyra.

PHILLIPS: Ted, do we know where Scott Peterson is now? Did he leave the courtroom? And what's the reality of that ten-day period? I mean, could he be headed to San Quentin today, or is it more within the -- within a week from now?

ROWLANDS: Clearly they want to transport him as soon as possible. They are not disclosing the actual transport plans. They say it's for his safety. Peterson has left the courtroom. He's most likely, right now, en route back to the jail, which is just across. There is an overhang, a covered overhang, that connects the two buildings. He will gather his things and then at some point, a source up at San Quentin has told us it will be within 48 hours. At some point during the next day or two, he will be transported, most likely sooner than later.

PHILLIPS: You mention the safety issues. David Mattingly was talking about that also. I mean, this is somebody -- we're talking about the death of an unborn child and the death of a woman. I know we've talked about a number of cases before, when it involves kids specifically, these guys don't necessarily last very long in prison. I mean, they definitely become a target.

ROWLANDS: Yes, yesterday we took a tour of San Quentin and went to the different areas, the cell blocks, the ones that Peterson will presumably spend the rest of his life, and the lieutenant there that was taking us around explained that Scott Peterson undoubtedly is a marked man inside the walls of San Quentin. There are members of the death row community that would like to make a name for themselves by assaulting Scott Peterson. That said, they have a lot of high profile inmates on death row in California, and the lieutenant told us that they're pretty confident that they can keep him alive. However, he did acknowledge that when he is out in the exercise yard, and it will be up to him if he want to go out there, there's a chance he'll be assaulted repeatedly. He made no bones about it. He said that Scott Peterson is definitely a marked man, more so than any other inmate right now in the facility, and he said that they are awaiting his arrival.

PHILLIPS: And of course, a number of appeals processes to go forward now. Let's talk about that just for a second. When I was asking Rusty earlier, while you were in the courtroom, Ted, could we hear from Scott Peterson? Will he speak? We got the word that he wasn't going to. Is this because of the appeal process now, and that possibly if he said something it could affect it?

ROWLANDS: Yes, undoubtedly are that's the reason he most likely didn't speak. When the judge asked him, "Mr. Peterson, do you wish to address the court?" Mr. Geragos looked at Scott and said, "Can I have a moment, your honor?" And they took a considerable amount of time discussing it amongst themselves -- Peterson, Geragos and co-counsel Pat Harris, probably almost about a minute and a half, full minute and a half, two minutes. So it seemed as though maybe there was a plan B for Peterson to address the court. In the end, Geragos turned back and said not at this time, your honor. And most likely it is because they want to secure the appeal process. They don't want him to say anything, admit anything, or just say anything that could hurt him on appeal.

As far as the appeal go, Brent Rocha at one point during his address to Scott Peterson, looked at him and he said, you know, you probably still think that you're going to get out, you think that you're going to successfully appeal this case. Well, some day, you're going to realize that that's not true, and at that point you're going to have to come clean.

Obviously, an appeal in a case like this is automatic in California. The appeals process is extensive. Mark Geragos will not represent Scott Peterson during the appeals process. In fact, Geragos, the way he handled this case will be one of the major things on the appeal, nothing personal against Geragos, but that is a window you can use on appeal to bring up basically any subject that comes up.

So safe to say this is the last day for Mark Geragos representing Scott Peterson.

PHILLIPS: Ted Rowlands, outside the courthouse there in Redwood City, California. Stay with us, Ted.

You're watching breaking news coverage, Scott Peterson sentenced to death. More live from right after this.

(COMMERCIAL BREAK)

PHILLIPS: We haven't heard from Scott Peterson, but we can tell you we've heard from practically every family member on the Peterson side of the family, also Laci Peterson's family. If you're just tuning in, we're continuing with breaking news coverage. Scott Peterson, formally sentence to death. We've been talking to our correspondents who have been in the courtroom, outside the courtroom, in Redwood City, California.

David Mattingly here with me in Atlanta on set. And the reason -- well, what I want to talk to you about as we wrap up the hour, is we're not hearing from Scott Peterson now. We didn't hear from him in the courtroom. But you had a chance to talk to him, and you remember what he said and how the community of Redwood City really rallied around this man that believed -- or wanted to believe, he had nothing to do with these hurt murders.

MATTINGLY: Well, I talked to Scott Peterson back when he was still a free man, back in the early days when Laci was still missing. And at the time, he was still viewed by his families as a loving husband, someone that they had to support. The community rallied around both these families in searching for Laci. So the sense of betrayal now not only goes to the families, but the community of Modesto as well.

And actually there was a great deal of suspicion in the community towards Scott because of all the strange behavior he start to have at public events, for instance, talking and laughing at his cell phone at a memorial service, or at a vigil actually for Laci at the time. A great deal of public suspicion started growing toward Scott Peterson before you started hearing it from the families.

And now, you have to think people in Modesto are probably breathing a sigh of relief. I was there back when the jury came out with their recommendation and said, we think Scott Peterson should get the death penalty. Now that the judge has rubber-stamped it and sent it on, we'll probably see the same reaction that I saw, which is people looking at the television kind of shrugging their shoulders and going, well, it's over, we got what we wanted, they said, when he got the guilty verdict. The death penalty is something nobody can celebrate. PHILLIPS: Scott Peterson sentenced to die by lethal injection.

David Mattingly, we'll hear more from you at the top of the hour.

But first, he became a household name and familiar face in 1995 when he presided over the murder trial of O.J. Simpson. CNN's anniversary series, "Then & Now" takes a look back at Judge Lance Ito and where he is today.

(BEGIN VIDEOTAPE)

ANDERSON COOPER, CNN CORRESPONDENT (voice-over): The O.J. Simpson trial made Lance Ito the world's most watched judge. Ito let cameras into the courtroom for the duration of 1995's trial of the century, turning courtroom proceedings into a national spectator sport. He was often criticized for allowing the trial to degrade into a media circus.

JOHNNY COCHRAN, DEFENSE ATTORNEY: If it doesn't fit, you must acquit.

COOPER: Ito's role in the O.J. trial made him a celebrity. He lost his privacy, was satirized...

JAY LENO, "TONIGHT" SHOW HOST: I think I know who has O.J.'s knife, Judge Ito's barber apparently.

COOPER: ... and lampooned on national television, including "The Tonight Show with Jay Leno." Despite speculation he would run for public office, Ito is still a judge in courtroom 110 at the L.A. superior court. Judge Ito is married to Captain Peggy York, then the highest ranking woman in the L.A. police department and the inspiration for the TV series "Cagney and Lacecy." Ito turns 55 this year, and has no plans on retiring anytime soon.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

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Aired March 16, 2005 - 13:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: If you're just tuning in to CNN, we're continuing to follow the breaking news story out of Redwood City, California. Formal sentencing to happen any moment now. But we can tell you that the judge in the Scott Peterson case has come forward and said that he will sentence Scott Peterson to die by lethal injection. He should be leaving the courtroom, headed to San Quentin this afternoon. Right now, we're hearing from family members.
David Mattingly, you got to know those family members. You even spoke to Scott Peterson back when this all began. Obviously, what we're hearing in the courtroom, a tremendous sense of betrayal that you felt, you heard, when you talk to this family two years ago.

DAVID MATTINGLY, CNN CORRESPONDENT: That's right. You have to remember, back in the early days, when Laci was first reported missing, the Rocha family supported Scott Peterson. They loved this man. They viewed Laci and Scott as a happy, loving couple, and they took Scott into their family as one of their own. It wasn't until that the evidence came up that the investigators started coming to them saying that Scott has a girlfriend, Amber Frey, that break occurred. And that sense of betrayal has now been festering for two years, and we're hearing it all come out now. All the words they wanted to say to Scott Peterson are now coming out in that courtroom, and we're hearing it is a very emotional scene, calling him every name in the book, a great many tears being shed in there by the Rocha family.

PHILLIPS: Anything specific that we can -- I know we heard From Laci Peterson's mom, Sharon Rocha. We also heard from sister, Amy Rocha, and also father, Dennis Rocha. Anything specific that stands out, something compelling that we heard just moments ago?

MATTINGLY: In the notes coming out of the courtroom, one thing that really struck me was a comment from Sharon Rocha, Laci's mother, who said, "You, Scott, are proof that evil can lurk anywhere. You murdered her. Why did you murder Laci, Scott?" That's what she's saying to him. "How dare you murder her. She was my daughter." Again, just a hint of the sense of betrayal that's being felt -- that's being expressed there in that courtroom. They've had two years to think about what they're going to say, and now it is all coming out.

PHILLIPS: David, stay with us. We want to go out to Redwood City, California, just outside the courthouse, where Chuck Smith, former prosecutor, in Redwood City standing by.

Let's talk about the next step for Scott Peterson. Once we get the formal sentencing, which I understand is going to happen any second now, Chuck. Let's talk about what happens with Scott Peterson. He leaves -- we're not going to hear from him, I understand. So he's going to get up, leave, he's going to leave -- does he head straight to San Quentin?

CHUCK SMITH, FMR. PROSECUTOR: I'm sorry, Kyra. And after he leaves, yes, he goes straight to San Quentin within the next 48 hours. So he'll be initially transported back across the street to the county jail, where he's had a private cell, and he will remain there until the sheriff's escort, drives him to San Quentin, which is about an hour north of here. He'll be processed through the processing center there, which is just an awesome monolithic, old historic building, at San Quentin. And that's where he's going to spend the rest of his life.

PHILLIPS: And when you look at California's death row right now, 640 inmates currently sit on death row, Chuck. You covered, or you worked on the Beardsley case, and for 25 years, OK -- Chuck, I -- we are just getting word that the judge has formally sentenced Scott Peterson to death. It is now -- we're just getting word inside the courtroom, the judge, straightforward, formally sentenced Scott Peterson to death. So now we've heard from family members, the judge has formally sentenced him. We were saying, will it be any moment now that he will walk outside of that courtroom, as you say, head back across the street, and then head to San Quentin?

SMITH: And this is over. And one might ask, why did the family members have this opportunity to talk? Our victims rights legislation, which we've now had for about 20 years, allows them this chance to, as you say, say their last words, speak directly to this man and tell him what they think of him, and it's just a catharsis. It's an outpouring. It's an emotional release for them, and that's why we went through this. But when the formal sentencing then came, it was very quick. It was arraignment for judgment waived, you are sentenced to death, and basically get him out of here and take him there.

PHILLIPS: Chuck Smith, stay with us.

On the line, Augie Martin, CNN producer. She was inside that courtroom. Augie, tell us what you heard and -- were you there for the formal sentencing just a few seconds ago?

AUGIE MARTIN, CNN PRODUCER: Well, Kyra, and as you said a moment, I was in the listening room, which is actually about a block and a half away from the courtroom. But in a widely expected decision, Judge Alfred Delucchi did, in fact, accept the jury's recommendation and sentence Scott Peterson to death.

PHILLIPS: Augie, you also heard family members speak, their last words to Scott Peterson -- emotional, angry. We were reading some of the exact quotes. What sticks out to you? What do you remember? Who was the most powerful, you think, as they looked Scott Peterson in the eyes and gave them those final words before he leaves.

MARTIN: Well, the most emotional address to the court was probably from Laci's mother, Sharon Rocha, who actually burst into tears at the end, but had some very strong words for Scott Peterson. At one point, Scott's father, Lee Peterson, actually shouted out to Laci Peterson's brother, Brent Rocha, that he was a liar, and Lee Peterson then exited the court.

But Amy -- Laci's sister, Amy, her brother, Brent, and her mother, Sharon Rocha, in addition to her father, Dennis Rocha, and her stepfather, Ron Grant, all spoke on her behalf to the court.

PHILLIPS: Augie, I'm also getting word the judge fined Scott Peterson $10,000 for funeral expenses, is that right?

MARTIN: I cannot tell you anything about that. I had to leave the listening room in order to call you. That may have occurred after I left.

PHILLIPS: I'm looking actually at the blackberry, David Mattingly's blackberry here. We got word that it did, it just now happened. You were not in the listening room. The judge fining Peterson $10,000 for Laci's funeral expenses.

Augie, stay with us.

Rusty Dornin, now, I'm told, live outside the courtroom. So much happening, Rusty, just hearing what family members had to say. Now we're hearing that Laci Peterson's family, in addition to Scott Peterson's family, even getting into it there for a moment, in the courtroom, as a lot of heated -- I guess a lot of very blunt statements were being made, specifically by Laci Peterson's father.

RUSTY DORNIN, CNN CORRESPONDENT: Yes, just to clear it up, too, it wasn't really -- that $10,000 is not really a fine. It's restitution, victim restitution that they place on Scott Peterson for those funeral expenses.

But yes, very emotional in that courtroom this afternoon. When the judge said that it was a callous, uncaring, heartless crime, that he was going to go with the death sentence. Right after that, Brent Rocha, Laci's brother, got up on the stand, he told Scott Peterson, you don't understand yourself -- and at that moment, Scott's father, Lee Peterson, jumped up and began yelling that he was a liar. The bailiffs had to remove his father from the courtroom. His father was followed shortly thereafter by his mother, Jackie Peterson who apparently decided she did not want to hear Laci's family say the things about Scott that they were saying.

Brent Rocha went on to say that he even considered buying a gun, he was so angry at Scott Peterson. Brent was followed by Laci Peterson's sister Amy, her father, Dennis Rocha, her stepfather, and of course Sharon Rocha, who always gives very gut-wrenching testimony about her daughter, calling Scott Peterson a coward and a murderer.

But just moments ago, Judge Alfred Delucchi, no surprise, did formally sentence Scott Peterson to die by lethal injection -- Kyra.

PHILLIPS: What's the maneuvering behind not having Scott Peterson talk?

DORNIN: Well, if -- you know, he's maintained his innocence all along. If he's going to continue to go through the appeal process, you know, better perhaps that he doesn't go -- certainly, he wasn't going to apologize if he's maintaining his innocence. So, you know, they decided, look, there's nothing at this point they can do about that. There's nothing -- they're not going to change the judge's mind. This judge had a long history -- I mean, he's had more than 20 death penalty cases and he's never reversed a jury's decision. So certainly, the defense knows that. Knows that there's -- is not going to change the judge's mind. So they perhaps decided it just wasn't going to be worth it to have Scott Peterson take the stand, since he wasn't going to apologize.

PHILLIPS: Rusty Dornin, outside the courthouse. Chuck Smith, former prosecutor, in Redwood City, outside the courthouse. Thank you so much. David Mattingly, real quickly, before we head to break -- now that Scott Peterson will be heading to San Quentin, you brought the point up this guy, in a way, is going to become quite a famous inmate and could be quite a target.

MATTINGLY: That's right, the celebrity inmate. And it's going to be an adjustment for everyone there. They're going to be making sure they protect him so some other inmate doesn't try to make a name for himself and attack him. There's also preparing for a great deal of public response. A lot of letters they're expecting to Scott Peterson from people wanting to establish a friendship with him. So this is going to be very long, drawn-out thing there at San Quentin. Scott Peterson, very much their celebrity prisoner of the moment.

PHILLIPS: David Mattingly, thanks so much. If you're just tuning in, Scott Peterson, formally sentenced to die. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: And we continue our breaking news coverage as the judge in the Scott Peterson trial sentences Scott Peterson formally to die by lethal injection. He'll be headed to San Quentin not long from now. Ted Rowlands was inside the courtroom for all the drama within the past hour or so. He's with us now live. Ted, give us a play-by- play.

TED ROWLANDS, CNN CORRESPONDENT: Well, I tell you what, Kyra, it was very, very emotional. And I'm sure you have a sense of that on some of the transmissions that were coming out of the courtroom. There were a lot of tears on the prosecution side. Laci Peterson's family was there as each person got up to address Scott. There was a lot of sobbing going on. The jury was actually in the jury box. And they, too, were pretty much, to a person, breaking down and crying during some of the emotional parts of the testimony.

It started with Brent Rocha, Laci Peterson's brother, and he went on and on, and very eloquently, berated Peterson. At one point, he admitted, he said I bought a gun on January 4th, a few weeks after Laci had disappeared. He said, I didn't kill you and I'm glad I didn't kill you now so you have to wait this out and sit with your own thoughts. He told Peterson when he's headed for the execution chamber to look out on the San Francisco bay and see Brooks Island and that will remind you of Laci, he said. Then the most riveting, emotional, was Sharon Rocha, as you might imagine. Laci Peterson's mother, talking about never getting to know her grandson, talking about specifics, about bringing up the grandson.

Peterson, throughout this, a couple times, he just shook his head. At one point, shook his head to Brent Rocha. And then once he realized that this was going to be going on for a while, he just stood there. And he looked at each person directly in the eye. Laci Peterson's father, her biological father, Dennis Rocha, got up and he was the most aggressive. He swore at Peterson, calling him a number of names. The judge had to ask him to tone it down in terms of the language.

Jackie and Lee Peterson both left at different times during this. At one point, Lee Peterson started shouting out, you're a liar, you're a liar. Judge Delucchi turned to Lee Peterson and said are I don't care who you are, you be quiet or you're out of here. Lee shook his head then and walked out of the courtroom. And about ten minutes later, Jackie Peterson got up and left the courtroom as well. Throughout this, there were little catcalls from the defense side, the Peterson families. It was hard to understand what they were saying. They were trying to interrupt it. The judge was going to have no part of that, however.

And safe to say Scott Peterson sat and listened as this family said exactly what they wanted to him. He looked at them, they looked at him, and they had their piece. I think you could say that the judge gave them as much time really as they wanted, at least for the principal people. He told some of the others to wrap it up quickly. But very, very emotional scene in there.

It was a secure scene, as well. There were police on both sides, a sheriff's deputy, the Modesto police detectives that have been on this case since the beginning were all lining the sides, everybody armed. Peterson was handcuffed during this proceeding. In other proceedings, he has not been handcuffed. And there was a sheriff's deputy right over him. Obviously, security was a major concern inside the courtroom.

From here, they have ten days, to San Mateo County, to transport Scott Peterson to San Quentin, will which be his new home. And then, barring a successful appeal, he will be executed at San Quentin State Prison sometime in the future -- Kyra.

PHILLIPS: Ted, do we know where Scott Peterson is now? Did he leave the courtroom? And what's the reality of that ten-day period? I mean, could he be headed to San Quentin today, or is it more within the -- within a week from now?

ROWLANDS: Clearly they want to transport him as soon as possible. They are not disclosing the actual transport plans. They say it's for his safety. Peterson has left the courtroom. He's most likely, right now, en route back to the jail, which is just across. There is an overhang, a covered overhang, that connects the two buildings. He will gather his things and then at some point, a source up at San Quentin has told us it will be within 48 hours. At some point during the next day or two, he will be transported, most likely sooner than later.

PHILLIPS: You mention the safety issues. David Mattingly was talking about that also. I mean, this is somebody -- we're talking about the death of an unborn child and the death of a woman. I know we've talked about a number of cases before, when it involves kids specifically, these guys don't necessarily last very long in prison. I mean, they definitely become a target.

ROWLANDS: Yes, yesterday we took a tour of San Quentin and went to the different areas, the cell blocks, the ones that Peterson will presumably spend the rest of his life, and the lieutenant there that was taking us around explained that Scott Peterson undoubtedly is a marked man inside the walls of San Quentin. There are members of the death row community that would like to make a name for themselves by assaulting Scott Peterson. That said, they have a lot of high profile inmates on death row in California, and the lieutenant told us that they're pretty confident that they can keep him alive. However, he did acknowledge that when he is out in the exercise yard, and it will be up to him if he want to go out there, there's a chance he'll be assaulted repeatedly. He made no bones about it. He said that Scott Peterson is definitely a marked man, more so than any other inmate right now in the facility, and he said that they are awaiting his arrival.

PHILLIPS: And of course, a number of appeals processes to go forward now. Let's talk about that just for a second. When I was asking Rusty earlier, while you were in the courtroom, Ted, could we hear from Scott Peterson? Will he speak? We got the word that he wasn't going to. Is this because of the appeal process now, and that possibly if he said something it could affect it?

ROWLANDS: Yes, undoubtedly are that's the reason he most likely didn't speak. When the judge asked him, "Mr. Peterson, do you wish to address the court?" Mr. Geragos looked at Scott and said, "Can I have a moment, your honor?" And they took a considerable amount of time discussing it amongst themselves -- Peterson, Geragos and co-counsel Pat Harris, probably almost about a minute and a half, full minute and a half, two minutes. So it seemed as though maybe there was a plan B for Peterson to address the court. In the end, Geragos turned back and said not at this time, your honor. And most likely it is because they want to secure the appeal process. They don't want him to say anything, admit anything, or just say anything that could hurt him on appeal.

As far as the appeal go, Brent Rocha at one point during his address to Scott Peterson, looked at him and he said, you know, you probably still think that you're going to get out, you think that you're going to successfully appeal this case. Well, some day, you're going to realize that that's not true, and at that point you're going to have to come clean.

Obviously, an appeal in a case like this is automatic in California. The appeals process is extensive. Mark Geragos will not represent Scott Peterson during the appeals process. In fact, Geragos, the way he handled this case will be one of the major things on the appeal, nothing personal against Geragos, but that is a window you can use on appeal to bring up basically any subject that comes up.

So safe to say this is the last day for Mark Geragos representing Scott Peterson.

PHILLIPS: Ted Rowlands, outside the courthouse there in Redwood City, California. Stay with us, Ted.

You're watching breaking news coverage, Scott Peterson sentenced to death. More live from right after this.

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PHILLIPS: We haven't heard from Scott Peterson, but we can tell you we've heard from practically every family member on the Peterson side of the family, also Laci Peterson's family. If you're just tuning in, we're continuing with breaking news coverage. Scott Peterson, formally sentence to death. We've been talking to our correspondents who have been in the courtroom, outside the courtroom, in Redwood City, California.

David Mattingly here with me in Atlanta on set. And the reason -- well, what I want to talk to you about as we wrap up the hour, is we're not hearing from Scott Peterson now. We didn't hear from him in the courtroom. But you had a chance to talk to him, and you remember what he said and how the community of Redwood City really rallied around this man that believed -- or wanted to believe, he had nothing to do with these hurt murders.

MATTINGLY: Well, I talked to Scott Peterson back when he was still a free man, back in the early days when Laci was still missing. And at the time, he was still viewed by his families as a loving husband, someone that they had to support. The community rallied around both these families in searching for Laci. So the sense of betrayal now not only goes to the families, but the community of Modesto as well.

And actually there was a great deal of suspicion in the community towards Scott because of all the strange behavior he start to have at public events, for instance, talking and laughing at his cell phone at a memorial service, or at a vigil actually for Laci at the time. A great deal of public suspicion started growing toward Scott Peterson before you started hearing it from the families.

And now, you have to think people in Modesto are probably breathing a sigh of relief. I was there back when the jury came out with their recommendation and said, we think Scott Peterson should get the death penalty. Now that the judge has rubber-stamped it and sent it on, we'll probably see the same reaction that I saw, which is people looking at the television kind of shrugging their shoulders and going, well, it's over, we got what we wanted, they said, when he got the guilty verdict. The death penalty is something nobody can celebrate. PHILLIPS: Scott Peterson sentenced to die by lethal injection.

David Mattingly, we'll hear more from you at the top of the hour.

But first, he became a household name and familiar face in 1995 when he presided over the murder trial of O.J. Simpson. CNN's anniversary series, "Then & Now" takes a look back at Judge Lance Ito and where he is today.

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ANDERSON COOPER, CNN CORRESPONDENT (voice-over): The O.J. Simpson trial made Lance Ito the world's most watched judge. Ito let cameras into the courtroom for the duration of 1995's trial of the century, turning courtroom proceedings into a national spectator sport. He was often criticized for allowing the trial to degrade into a media circus.

JOHNNY COCHRAN, DEFENSE ATTORNEY: If it doesn't fit, you must acquit.

COOPER: Ito's role in the O.J. trial made him a celebrity. He lost his privacy, was satirized...

JAY LENO, "TONIGHT" SHOW HOST: I think I know who has O.J.'s knife, Judge Ito's barber apparently.

COOPER: ... and lampooned on national television, including "The Tonight Show with Jay Leno." Despite speculation he would run for public office, Ito is still a judge in courtroom 110 at the L.A. superior court. Judge Ito is married to Captain Peggy York, then the highest ranking woman in the L.A. police department and the inspiration for the TV series "Cagney and Lacecy." Ito turns 55 this year, and has no plans on retiring anytime soon.

(END VIDEOTAPE)

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