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Judge Upholds Death Sentence for Scott Peterson; Bush Addresses Social Security, Iraq Issues
Aired March 16, 2005 - 13:00 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.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I urge members to start talking about how we're going to permanently fix Social Security.
(END VIDEO CLIP)
KYRA PHILLIPS, HOST: President Bush, on Social Security, gas prices, and American troops in Iraq. We're live from the White House.
Juicing the game. Which major leaguers will show up for a congressional hearing on steroids? Congressman Dennis Kucinich tells us what he plans to ask the players.
From the CNN Center in Atlanta, I'm Kyra Phillips. CNN's LIVE FROM starts right now.
Life, death or do over? The judge that oversaw the double murder trial of Scott Peterson faced three options as Peterson appears for sentencing. And we just learned that do over, Peterson's request for a new trial, is rejected.
Four-plus months after the husband and father-to-be was convicted of killing his wife and unborn son, it's widely expected the jury's recommendation of death will carry the day. But not before Laci Peterson's family and friends speak out.
Get some insights on all of this from a former Redwood City prosecutor, Chuck Smith. He joins us live from the courthouse
Chuck, bring us up to date on what you know and the latest developments.
CHUCK SMITH, FORMER REDWOOD CITY PROSECUTOR: Well, the latest developments are that the judge denied a motion for a new trial. In a point by point examination on the motion, he denied it on all grounds.
The judge then stated, pursuant to his role to review the death verdict, he stated emphatically that he is going to impose the death penalty that the jury imposed upon Scott Peterson. He said that the murder was cruel, callous, uncaring and heartless. He pointed out that baby Conner was not even allowed to draw a single breath on this earth. And for those reasons, he supported the death verdict and it's a done deal.
No matter what families say now, Scott Peterson has received the death penalty. It was confirmed by Judge Delucchi just moments ago.
PHILLIPS: So you're saying the decision just moments ago came down. Am I understanding you correctly?
SMITH: That is correct. The decision was made by the jury some months ago. The judge, pursuant to law, had a right to review it and lower it to life without parole, if he felt that was appropriate.
He just stated, emphatically, he is not going to do that. He is going to impose the death penalty. And as I said, his words were strong, powerful. No doubt in his mind that the death verdict was the appropriate verdict. It is going to be upheld.
The statements by the families at this point are for their benefit, for the world, for the public. But the death verdict is imposed by Judge Delucchi.
PHILLIPS: All right, Chuck. We're hearing it from you, and we're still working it with other folks on our staff there at the scene. Let's continue to talk while we work that angle.
With regard to a new trial, that, of course, was denied. That's the latest information we got moments ago.
OK, now I'm being told, Chuck, you're right on the money. We confirmed it. You now how we have to have our three sources confirm things before we go with it. So right now, we can tell you, we're going to roll into breaking news coverage now. Just as Chuck Smith, former Redwood City prosecutor, just told us, that the judge has imposed the death penalty on Scott Peterson.
So let's move forward, Chuck. Let's talk about the death penalty now and details about the death penalty and what's next for Scott Peterson and what this means, what his life is going to be like.
SMITH: Well, what's -- what's in his near future is the sheriff has announced that, within 48 hours of this moment, Scott Peterson will be privately transported to Death Row at San Quentin, which is about an hour north of here, on the San Francisco Bay.
Normally, there are two trips per week by jail buses taking prisoners to San Quentin. That will not be followed. What will be followed, instead, is private transportation by the sheriff's department of Scott Peterson to San Quentin.
They say 48 hours for the logical reason that they're not going to announce precisely when he'll be transported for security reasons. But within 48 hours of now, he'll be transported.
He'll then be escorted into Death Row. They no longer do the announcement "dead man walking" as they once did and as become famous with the movie and the stage play. They simply escort him to Death Row. He'll be processed into Death Row and be put in his cell, where he'll remain until his appeals are exhausted. And 20 or 30 years from now, possibly, he will be put to death. PHILLIPS: Chuck, a little background on the death penalty, with California's Death Row, that is. A couple interesting facts. I want to get you to expand on some of these.
First of all, the first state conducted execution was at San Quentin in 1893. Death penalty restored in 1978, 11 executions since. Most inmates sentenced to death die of old age there in prison. And total of 640 inmates currently sit on Death Row.
So the reality, if we look at it and have a reality check here, the reality of actually seeing Scott Peterson die is pretty slim.
SMITH: Well, that's absolutely right. It's simple to do the math. There are 640 men ahead of him. We execute here in California an inmate every two or three years. So you simply do the math and it's logical to conclude that he'll die of old age in prison.
But the last execution in the state just a couple months ago was Donald Ray Beersly (ph), who was convicted in this county about 25 years ago, in a case I worked on. I did not try the case, but I worked on it. And Beersly (ph) was put to death. It took 25 years in his case.
So there is a chance, depending upon how Peterson's appeal goes, that he might be executed. But the reality is, he'll most likely die of old age.
PHILLIPS: Former Redwood City prosecutor Chuck Smith. We're going to ask you to stand by as this news comes forward, Chuck. Thank you so much.
Let's turn it over now to Rusty Dornin.
Rusty, of course, you've been on this story for months and months. And finally, we're starting to see somewhat of -- I guess for everything to come full circle and this is what everybody's been waiting for.
RUSTY DORNIN, CNN CORRESPONDENT: Yes, this is the final thing we're going to see before all the appeals start. But Kyra, Scott -- the judge has decided to go with the recommendation of the jury. Now, the jury sentenced him to death.
But the formal sentencing doesn't take place until after all of the relatives of Laci Peterson have been able to say what they want to start Peterson, apparently becoming very emotional in the courtroom right now.
Brent Rocha, Laci Peterson's brother, addressing Scott, telling him he didn't know himself. At that point, Scott Peterson's father, Lee, stood up and said, "You are a liar." The bailiffs had to take Scott Peterson's father out of the courtroom.
Also, the judge, after denying a new trial for Peterson, called his crime heartless, uncaring and callous. He said that his unborn son never had a chance to take a breath of life. Now of course, after Brent Rocha, Laci Peterson's brother, we are expecting to hear from Sharon Rocha, if not other relatives. And every time we have heard from Laci Peterson's mother, it has been a gut-wrenching experience, not only for those in the courtroom, but I think even for the rest of the media.
PHILLIPS: What do you think -- I mean, you talk about all the gut-wrenching testimony, Rusty. The judge now imposing the death penalty on the Scott Peterson trial. What do you think -- what would stand out in your mind with regard to how many people we've heard from recently, what they've had to say and how the judge finally came to this decision?
DORNIN: Well, I think this judge has been -- you know, most legal analysts have said very fair, very thorough. He went through all of the evidence.
You know, Mark Geragos filed a 135-page motion trying to get a new trial, and basically, he listed every single thing he tried to get during the trial that was turned down. He brought them up again, saying this was the reason for the new trial.
He claimed that there was new evidence indicating that Laci Peterson interrupted a burglary, and that also that the jurors got inside the boat that Scott Peterson used when he went fishing, and they literally rock that boat during the experiment. And Mark Geragos said those two reasons alone should have been enough to grant a new trial.
The judge said he was not impressed by the burglary or the boat, that he had gone through that evidence. He felt the jurors were not -- that was not really an experiment that would have any, you know -- have any effect on the trial or the outcome of the trial. That sort of thing. And he wasn't impressed by this burglary, the fact that the burglary took place two days after Laci Peterson disappeared.
Now, after all of the relatives have finished their testimony, sources have told CNN that Scott Peterson will be taken by a profit escort. There's normally two buses that take the prisoners to San Quentin. He'll be taken, for security reasons, by a private escort to San Quentin sometime within the next 48 hours.
Another interesting point. When he was sitting at the table when there was a preconference, when the attorneys were back with the judge, it was very haunting. Even though he was dressed in a suit, he was handcuffed. He was completely shackled. That has never happened before. And he had a deputy standing over him, a bailiff standing over him.
Now whether that's an effect of what happened in Atlanta is unclear. But certainly, that has never happened before in that courtroom.
PHILLIPS: Rusty, you say we're going to continue to hear from all members of -- family members. Will we hear from Scott Peterson again? DORNIN: Good question. A source has told us no, it's very unlikely that we will hear from Scott Peterson. He, of course, has maintained his innocence all along. And he's facing years -- the average appeal in California is 18 years. That's how long it is. The appeals -- there's mandatory appeal right after this sentencing. It will be years before he even probably gets anything heard in court.
There's 600 people on Death Row in California. So it's going to be a long time before he sees his next day in court.
PHILLIPS: Well, we understand 640 inmates currently sit on Death Row.
Rusty Dornin, we're going to ask you to hold on with us here. Once again, we also have former Redwood City prosecutor Chuck Smith standing by, working all angles of this story.
If you're just tuning in, we want to tell you the news now just coming out of Redwood City, California. The judge in the Scott Peterson trial has said he will sentence Scott Peterson to die by lethal injection for killing his pregnant wife and dumping her body into the San Francisco Bay more than two years ago. That decision just coming down moments ago.
We've been talking about California's Death Row. We've been talking about how many inmates currently sit on Death Row. And now, possibly within the next hour, Scott Peterson, if not longer, will be headed to San Quentin by a private escort. We're going to continue to work this story.
David Mattingly also bringing us more information, more details, to what brought us to this point.
You're here in Atlanta with us. But you've covered this case, along with Rusty and Chuck Smith. Not surprised this decision came down?
DAVID MATTINGLY, CNN CORRESPONDENT: Not at all. No one expected the judge to listen to the arguments this morning, just throw up his hands and say, "OK, we're going to get a new trial." No one was really expecting that.
What the attorneys were doing this morning was laying the groundwork for that inevitable appeal, the one -- the average time that Rusty was talking about, 18 years in California.
There have been critics of the system in California who say there's a chance -- there's a greater chance for some inmates on Death Row to actually die of natural causes than it is for them to actually be executed.
Now, when Scott Peterson goes there, there's two things that authorities at the prison have been anticipating. One is that he is such a high-profile prisoner there, that they will be anticipating that he might be a good target for someone there in the prison to attack and possibly try to make a name for themselves, saying, "Hey, I attacked Scott Peterson." So they're going to be watching him very closely as he gets there.
Also, they're bracing for what could be a lot of mail coming to the jail to Scott Peterson. They say it's not unusual to see a lot of their inmates receiving mail from women all over the country. This is such a notable case that Scott Peterson, they expect, might receive thousands of piece of mail from all over the country with people trying to establish friendships and relationships with him.
So this is just the beginning of an adjustment period, not only for Scott Peterson at the prison but for the prison officials as well, as they try to deal with this new celebrity prisoner.
PHILLIPS: And as Rusty was mentioning, a lot of -- we're hearing a lot of testimony now within the courtroom. I'm being told Laci Peterson's sister is talking right now in the courtroom. It's hard to know what's going on in there because they haven't allowed us to have cell phones or Blackberry or cameras. So you can only imagine what family members are saying.
Now, is it more last memories or -- about, you know, Laci Peterson, her unborn child? Is it more about what they want to say to Scott Peterson before he heads out of the courtroom? I mean, why listen to all the testimony now?
MATTINGLY: We're getting some notes from out -- out of the courtroom right now and indicating that Brent Rocha, Laci Peterson's brother, was just teeing off on Scott Peterson, saying very harsh things to him, saying, "hope you regret the choices that you've made" and that he called him -- called him evil and that -- saying at one time that in January he bought a gun and thought about killing himself but chose not to.
And he said he hopes that he -- knowing that he does not want to go to prison, it makes him happy that Scott Peterson is going there. So some very harsh words from the family this morning, according to the notes that are coming out of the courtroom right now.
PHILLIPS: All right. David Mattingly, thanks so much.
And if you're just tuning in, you've been watching breaking news coverage. The judge in the Scott Peterson case has made a decision. He will sentence Scott Peterson to die by lethal injection for killing his pregnant wife and unborn son, dumping Laci Peterson's body in the San Francisco Bay more than two years ago.
We're going to continue to follow this story. In the meantime, other stories we're working on. It's the first time that this has happened in Iraq in 50 years. A freely elected parliament holds its opening session. We're live in Baghdad.
(BEGIN VIDEO CLIP)
MARK NICHOLS, BROTHER OF BRIAN NICHOLS: We all still love him. We're not turning against him.
(END VIDEO CLIP) PHILLIPS: And the brother of the man accused of a courthouse shooting rampage opens up to Larry King. More of what he said just ahead.
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PHILLIPS: We're continuing to follow breaking news in addition to other news of the day. But just want to update you quickly as we move on.
If you're just tuning in, in Redwood City, California, the judge has come forward in the Scott Peterson trial and has said that he will sentence Scott Peterson to die by lethal injection for killing his pregnant wife, Laci Peterson, and their unborn child.
Right now, what takes place is family members are coming forward, saying their last words. Laci Peterson's father just speaking moments ago. I'd love to tell you what he said being, but it's not proper on live television. You can just imagine what he had to say to Scott Peterson.
And now Laci Peterson's mother, we are told, is taking the stand and giving her last words as this decision, rather, by the judge has just come down. The judge agreeing with the jury on the death penalty for Scott Peterson. We're continuing to work the story.
Meanwhile, let's move on to other news, to Washington, D.C., where President Bush held a news conference this morning.
CNN's Suzanne Malveaux joins us with more on the wide range of topics covered and one domestic issue that keeps coming up of course, Social Security -- Suzanne.
SUZANNE MALVEAUX, CNN CORRESPONDENT: Kyra, it was a little bit of everything. He talked about same-sex marriage. He talked about Hezbollah, high gas prices, a little bit of all those things.
But of course, he keeps coming back to the centerpiece of his domestic agenda. That is his plan to reform Social Security. Most of the polls showing here that the majority of Americans simply haven't bought into this plan, Democrats and Republicans alike.
The White House points to figures that say at least young younger voters are much more receptive to it and at least two-thirds of Americans, they say, do believe that it's a problem.
But President Bush again saying that -- he dismissed any notion that he was failing in actually getting his plan across, convincing people it was a good idea. He simply called it partisan politics.
(BEGIN VIDEO CLIP)
BUSH: I urge the members to go out and -- when they go home, to talk to their constituents. Not only about the problem, but about solutions. I urge members to start talking about how we're going to permanently fix Social Security. The members, I hope, would not talk about a band-aid solution, but talk about a permanent fix, something that will last forever.
(END VIDEO CLIP)
MALVEAUX: And Kyra, of course, the debate continues, whether or not it's Democrats or Republicans and the president that need to come up with that plan.
Actually, the Democratic leadership in about 10 minutes or so are going to hold their own press conference, talking about the need to have a bipartisan plan to fix this problem. At the same time, of course, the president focusing on his foreign agenda, specifically, on the success inside of Iraq.
Now, it was just yesterday that Italian Prime Minister Silvio Berlusconi announced that he was pulling his 3,000 troops out Iraq. There was a lot of controversy, at least questions, about why that was, in light of the hostage the hostage -- the Italian hostage that was taken in Iraq. She was released, and that accidental shooting that took place by U.S. troops, whether or not that was somehow retribution for that happening.
Well, President Bush today saying that he spoke with Berlusconi, and Berlusconi assured him that this is no change in Italy's policy. The coalition has not crumbled, and that simply allied force, U.S. forces, would not pull outside of Iraq until those Iraqi troops were adequately trained.
(BEGIN VIDEO CLIP)
BUSH: Iraq had a meeting today, of its transitional national assembly. It was a bright moment in what is a process toward the writing of a constitution, the ratification of the constitution and elections. And I congratulate the Iraqis for their assembly. And it's a -- we've always said this is a process. And today was a step in that process.
(END VIDEO CLIP)
MALVEAUX: Kyra, of course, what the president is talking about, mentioning what happened earlier today. That was the national assembly that was gathered inside of Iraq really, a step forward in choosing their own leadership and their own government.
The president using that as an example for what he says is really proof of his vision, this larger vision, that, in fact, democracy is spreading in the Middle East -- Kyra.
PHILLIPS: Suzanne Malveaux from the White House, thank you.
Well, for about a year, the Department of Homeland Security's been working on a series of worst case scenarios to help states anticipate and plan for plausible disasters. Now goose bumps and hackles are up after the list was mistakenly posted on several states' public web sites. The nightmarish what ifs include what could happen if terrorists exploded a nuclear bomb in a downtown business district.
A homeland security official tells CNN that all the scenarios, like a bio attack with pneumonic plague are just what ifs of possible disasters to help states prepare and are not based on credible intelligence. Much more on this story coming up on the next hour of LIVE FROM.
Meanwhile, Michael Chertoff marking his first month at the helm of the Homeland Security Department. Speaking today in Georgetown, Chertoff talked about balancing privacy concerns and maintaining public trust, while ensuring security.
(BEGIN VIDEO CLIP)
MICHAEL CHERTOFF, HOMELAND SECURITY SECRETARY: People want the shorter line at the airport or they want expedited processing at their borders. They can achieve it by agreeing to provide some limited personal information that will assure us of their good faith. That tradeoff will be their choice.
Another element is trust. We will earn the public trust when we demonstrate that the information we do collect and the measures we do implement are tailored to the goals of preserving security and do not creep beyond that mission.
Our ultimate goal is a time when security measures are a comfortable, convenient part of our routine, a time when people go about their daily lives, mindful of risks, but not encumbered by fear.
(END VIDEO CLIP)
PHILLIPS: CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information day and night.
(BEGIN VIDEO CLIP)
PHILLIPS (voice-over): Next on LIVE FROM, steroids and baseball. What do players think about juicing the game? What does Congress hope to do about it?
Later on LIVE FROM, a dirty bomb, a biological attack on a subway. Is America prepared for a terror attack? A former homeland security inspector joins us on LIVE FROM.
And tomorrow, NASCAR driver Jeff Burton makes a pit stop on our set, just before the big Atlanta race. The LIVE FROM fast lane interview.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
PHILLIPS: Once again, just to bring you up to date out of Redwood City, California. We're continuing to hear from various family member, Laci Peterson's family, as the decision has come down in the Scott Peterson case.
If you've been -- just tuning in to CNN, the judge presiding over the case says that he will sentence Scott Peterson to die by lethal injection. And not long from now, Scott Peterson will be leaving that courthouse by private escort, heading to San Quentin. We'll bring you more on that.
But just -- just real quickly, we're going to go more in depth in just a little bit. But Laci Peterson's family members, her mother, her sister, her father, taking the stand, giving their last words to Scott Peterson, as the judge made his decision.
Sister, Amy Rocha, coming forward, saying to Scott Peterson, "You've broken my heart, my whole family's heart. You're evil. You're a monster for what you've done. I can't believe you murdered my sister."
Father coming forward, saying things obviously that we can't say on television to Scott Peterson. You can imagine what he had to say.
We're going to hear more on what Sharon Rocha, Laci's Peterson's mother, just said, in a few minutes, with David Mattingly. He's following what all the family members are saying to the very minute inside that courtroom.
Now OPEC says it wants to help bring oil prices down, but that's not happening today. Susan Lisovicz joins us live from the New York Stock Exchange with the bad news for consumers, right, Susan?
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Aired March 16, 2005 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I urge members to start talking about how we're going to permanently fix Social Security.
(END VIDEO CLIP)
KYRA PHILLIPS, HOST: President Bush, on Social Security, gas prices, and American troops in Iraq. We're live from the White House.
Juicing the game. Which major leaguers will show up for a congressional hearing on steroids? Congressman Dennis Kucinich tells us what he plans to ask the players.
From the CNN Center in Atlanta, I'm Kyra Phillips. CNN's LIVE FROM starts right now.
Life, death or do over? The judge that oversaw the double murder trial of Scott Peterson faced three options as Peterson appears for sentencing. And we just learned that do over, Peterson's request for a new trial, is rejected.
Four-plus months after the husband and father-to-be was convicted of killing his wife and unborn son, it's widely expected the jury's recommendation of death will carry the day. But not before Laci Peterson's family and friends speak out.
Get some insights on all of this from a former Redwood City prosecutor, Chuck Smith. He joins us live from the courthouse
Chuck, bring us up to date on what you know and the latest developments.
CHUCK SMITH, FORMER REDWOOD CITY PROSECUTOR: Well, the latest developments are that the judge denied a motion for a new trial. In a point by point examination on the motion, he denied it on all grounds.
The judge then stated, pursuant to his role to review the death verdict, he stated emphatically that he is going to impose the death penalty that the jury imposed upon Scott Peterson. He said that the murder was cruel, callous, uncaring and heartless. He pointed out that baby Conner was not even allowed to draw a single breath on this earth. And for those reasons, he supported the death verdict and it's a done deal.
No matter what families say now, Scott Peterson has received the death penalty. It was confirmed by Judge Delucchi just moments ago.
PHILLIPS: So you're saying the decision just moments ago came down. Am I understanding you correctly?
SMITH: That is correct. The decision was made by the jury some months ago. The judge, pursuant to law, had a right to review it and lower it to life without parole, if he felt that was appropriate.
He just stated, emphatically, he is not going to do that. He is going to impose the death penalty. And as I said, his words were strong, powerful. No doubt in his mind that the death verdict was the appropriate verdict. It is going to be upheld.
The statements by the families at this point are for their benefit, for the world, for the public. But the death verdict is imposed by Judge Delucchi.
PHILLIPS: All right, Chuck. We're hearing it from you, and we're still working it with other folks on our staff there at the scene. Let's continue to talk while we work that angle.
With regard to a new trial, that, of course, was denied. That's the latest information we got moments ago.
OK, now I'm being told, Chuck, you're right on the money. We confirmed it. You now how we have to have our three sources confirm things before we go with it. So right now, we can tell you, we're going to roll into breaking news coverage now. Just as Chuck Smith, former Redwood City prosecutor, just told us, that the judge has imposed the death penalty on Scott Peterson.
So let's move forward, Chuck. Let's talk about the death penalty now and details about the death penalty and what's next for Scott Peterson and what this means, what his life is going to be like.
SMITH: Well, what's -- what's in his near future is the sheriff has announced that, within 48 hours of this moment, Scott Peterson will be privately transported to Death Row at San Quentin, which is about an hour north of here, on the San Francisco Bay.
Normally, there are two trips per week by jail buses taking prisoners to San Quentin. That will not be followed. What will be followed, instead, is private transportation by the sheriff's department of Scott Peterson to San Quentin.
They say 48 hours for the logical reason that they're not going to announce precisely when he'll be transported for security reasons. But within 48 hours of now, he'll be transported.
He'll then be escorted into Death Row. They no longer do the announcement "dead man walking" as they once did and as become famous with the movie and the stage play. They simply escort him to Death Row. He'll be processed into Death Row and be put in his cell, where he'll remain until his appeals are exhausted. And 20 or 30 years from now, possibly, he will be put to death. PHILLIPS: Chuck, a little background on the death penalty, with California's Death Row, that is. A couple interesting facts. I want to get you to expand on some of these.
First of all, the first state conducted execution was at San Quentin in 1893. Death penalty restored in 1978, 11 executions since. Most inmates sentenced to death die of old age there in prison. And total of 640 inmates currently sit on Death Row.
So the reality, if we look at it and have a reality check here, the reality of actually seeing Scott Peterson die is pretty slim.
SMITH: Well, that's absolutely right. It's simple to do the math. There are 640 men ahead of him. We execute here in California an inmate every two or three years. So you simply do the math and it's logical to conclude that he'll die of old age in prison.
But the last execution in the state just a couple months ago was Donald Ray Beersly (ph), who was convicted in this county about 25 years ago, in a case I worked on. I did not try the case, but I worked on it. And Beersly (ph) was put to death. It took 25 years in his case.
So there is a chance, depending upon how Peterson's appeal goes, that he might be executed. But the reality is, he'll most likely die of old age.
PHILLIPS: Former Redwood City prosecutor Chuck Smith. We're going to ask you to stand by as this news comes forward, Chuck. Thank you so much.
Let's turn it over now to Rusty Dornin.
Rusty, of course, you've been on this story for months and months. And finally, we're starting to see somewhat of -- I guess for everything to come full circle and this is what everybody's been waiting for.
RUSTY DORNIN, CNN CORRESPONDENT: Yes, this is the final thing we're going to see before all the appeals start. But Kyra, Scott -- the judge has decided to go with the recommendation of the jury. Now, the jury sentenced him to death.
But the formal sentencing doesn't take place until after all of the relatives of Laci Peterson have been able to say what they want to start Peterson, apparently becoming very emotional in the courtroom right now.
Brent Rocha, Laci Peterson's brother, addressing Scott, telling him he didn't know himself. At that point, Scott Peterson's father, Lee, stood up and said, "You are a liar." The bailiffs had to take Scott Peterson's father out of the courtroom.
Also, the judge, after denying a new trial for Peterson, called his crime heartless, uncaring and callous. He said that his unborn son never had a chance to take a breath of life. Now of course, after Brent Rocha, Laci Peterson's brother, we are expecting to hear from Sharon Rocha, if not other relatives. And every time we have heard from Laci Peterson's mother, it has been a gut-wrenching experience, not only for those in the courtroom, but I think even for the rest of the media.
PHILLIPS: What do you think -- I mean, you talk about all the gut-wrenching testimony, Rusty. The judge now imposing the death penalty on the Scott Peterson trial. What do you think -- what would stand out in your mind with regard to how many people we've heard from recently, what they've had to say and how the judge finally came to this decision?
DORNIN: Well, I think this judge has been -- you know, most legal analysts have said very fair, very thorough. He went through all of the evidence.
You know, Mark Geragos filed a 135-page motion trying to get a new trial, and basically, he listed every single thing he tried to get during the trial that was turned down. He brought them up again, saying this was the reason for the new trial.
He claimed that there was new evidence indicating that Laci Peterson interrupted a burglary, and that also that the jurors got inside the boat that Scott Peterson used when he went fishing, and they literally rock that boat during the experiment. And Mark Geragos said those two reasons alone should have been enough to grant a new trial.
The judge said he was not impressed by the burglary or the boat, that he had gone through that evidence. He felt the jurors were not -- that was not really an experiment that would have any, you know -- have any effect on the trial or the outcome of the trial. That sort of thing. And he wasn't impressed by this burglary, the fact that the burglary took place two days after Laci Peterson disappeared.
Now, after all of the relatives have finished their testimony, sources have told CNN that Scott Peterson will be taken by a profit escort. There's normally two buses that take the prisoners to San Quentin. He'll be taken, for security reasons, by a private escort to San Quentin sometime within the next 48 hours.
Another interesting point. When he was sitting at the table when there was a preconference, when the attorneys were back with the judge, it was very haunting. Even though he was dressed in a suit, he was handcuffed. He was completely shackled. That has never happened before. And he had a deputy standing over him, a bailiff standing over him.
Now whether that's an effect of what happened in Atlanta is unclear. But certainly, that has never happened before in that courtroom.
PHILLIPS: Rusty, you say we're going to continue to hear from all members of -- family members. Will we hear from Scott Peterson again? DORNIN: Good question. A source has told us no, it's very unlikely that we will hear from Scott Peterson. He, of course, has maintained his innocence all along. And he's facing years -- the average appeal in California is 18 years. That's how long it is. The appeals -- there's mandatory appeal right after this sentencing. It will be years before he even probably gets anything heard in court.
There's 600 people on Death Row in California. So it's going to be a long time before he sees his next day in court.
PHILLIPS: Well, we understand 640 inmates currently sit on Death Row.
Rusty Dornin, we're going to ask you to hold on with us here. Once again, we also have former Redwood City prosecutor Chuck Smith standing by, working all angles of this story.
If you're just tuning in, we want to tell you the news now just coming out of Redwood City, California. The judge in the Scott Peterson trial has said he will sentence Scott Peterson to die by lethal injection for killing his pregnant wife and dumping her body into the San Francisco Bay more than two years ago. That decision just coming down moments ago.
We've been talking about California's Death Row. We've been talking about how many inmates currently sit on Death Row. And now, possibly within the next hour, Scott Peterson, if not longer, will be headed to San Quentin by a private escort. We're going to continue to work this story.
David Mattingly also bringing us more information, more details, to what brought us to this point.
You're here in Atlanta with us. But you've covered this case, along with Rusty and Chuck Smith. Not surprised this decision came down?
DAVID MATTINGLY, CNN CORRESPONDENT: Not at all. No one expected the judge to listen to the arguments this morning, just throw up his hands and say, "OK, we're going to get a new trial." No one was really expecting that.
What the attorneys were doing this morning was laying the groundwork for that inevitable appeal, the one -- the average time that Rusty was talking about, 18 years in California.
There have been critics of the system in California who say there's a chance -- there's a greater chance for some inmates on Death Row to actually die of natural causes than it is for them to actually be executed.
Now, when Scott Peterson goes there, there's two things that authorities at the prison have been anticipating. One is that he is such a high-profile prisoner there, that they will be anticipating that he might be a good target for someone there in the prison to attack and possibly try to make a name for themselves, saying, "Hey, I attacked Scott Peterson." So they're going to be watching him very closely as he gets there.
Also, they're bracing for what could be a lot of mail coming to the jail to Scott Peterson. They say it's not unusual to see a lot of their inmates receiving mail from women all over the country. This is such a notable case that Scott Peterson, they expect, might receive thousands of piece of mail from all over the country with people trying to establish friendships and relationships with him.
So this is just the beginning of an adjustment period, not only for Scott Peterson at the prison but for the prison officials as well, as they try to deal with this new celebrity prisoner.
PHILLIPS: And as Rusty was mentioning, a lot of -- we're hearing a lot of testimony now within the courtroom. I'm being told Laci Peterson's sister is talking right now in the courtroom. It's hard to know what's going on in there because they haven't allowed us to have cell phones or Blackberry or cameras. So you can only imagine what family members are saying.
Now, is it more last memories or -- about, you know, Laci Peterson, her unborn child? Is it more about what they want to say to Scott Peterson before he heads out of the courtroom? I mean, why listen to all the testimony now?
MATTINGLY: We're getting some notes from out -- out of the courtroom right now and indicating that Brent Rocha, Laci Peterson's brother, was just teeing off on Scott Peterson, saying very harsh things to him, saying, "hope you regret the choices that you've made" and that he called him -- called him evil and that -- saying at one time that in January he bought a gun and thought about killing himself but chose not to.
And he said he hopes that he -- knowing that he does not want to go to prison, it makes him happy that Scott Peterson is going there. So some very harsh words from the family this morning, according to the notes that are coming out of the courtroom right now.
PHILLIPS: All right. David Mattingly, thanks so much.
And if you're just tuning in, you've been watching breaking news coverage. The judge in the Scott Peterson case has made a decision. He will sentence Scott Peterson to die by lethal injection for killing his pregnant wife and unborn son, dumping Laci Peterson's body in the San Francisco Bay more than two years ago.
We're going to continue to follow this story. In the meantime, other stories we're working on. It's the first time that this has happened in Iraq in 50 years. A freely elected parliament holds its opening session. We're live in Baghdad.
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MARK NICHOLS, BROTHER OF BRIAN NICHOLS: We all still love him. We're not turning against him.
(END VIDEO CLIP) PHILLIPS: And the brother of the man accused of a courthouse shooting rampage opens up to Larry King. More of what he said just ahead.
ANNOUNCER: You're watching LIVE FROM on CNN, the most trusted name in news.
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PHILLIPS: We're continuing to follow breaking news in addition to other news of the day. But just want to update you quickly as we move on.
If you're just tuning in, in Redwood City, California, the judge has come forward in the Scott Peterson trial and has said that he will sentence Scott Peterson to die by lethal injection for killing his pregnant wife, Laci Peterson, and their unborn child.
Right now, what takes place is family members are coming forward, saying their last words. Laci Peterson's father just speaking moments ago. I'd love to tell you what he said being, but it's not proper on live television. You can just imagine what he had to say to Scott Peterson.
And now Laci Peterson's mother, we are told, is taking the stand and giving her last words as this decision, rather, by the judge has just come down. The judge agreeing with the jury on the death penalty for Scott Peterson. We're continuing to work the story.
Meanwhile, let's move on to other news, to Washington, D.C., where President Bush held a news conference this morning.
CNN's Suzanne Malveaux joins us with more on the wide range of topics covered and one domestic issue that keeps coming up of course, Social Security -- Suzanne.
SUZANNE MALVEAUX, CNN CORRESPONDENT: Kyra, it was a little bit of everything. He talked about same-sex marriage. He talked about Hezbollah, high gas prices, a little bit of all those things.
But of course, he keeps coming back to the centerpiece of his domestic agenda. That is his plan to reform Social Security. Most of the polls showing here that the majority of Americans simply haven't bought into this plan, Democrats and Republicans alike.
The White House points to figures that say at least young younger voters are much more receptive to it and at least two-thirds of Americans, they say, do believe that it's a problem.
But President Bush again saying that -- he dismissed any notion that he was failing in actually getting his plan across, convincing people it was a good idea. He simply called it partisan politics.
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BUSH: I urge the members to go out and -- when they go home, to talk to their constituents. Not only about the problem, but about solutions. I urge members to start talking about how we're going to permanently fix Social Security. The members, I hope, would not talk about a band-aid solution, but talk about a permanent fix, something that will last forever.
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MALVEAUX: And Kyra, of course, the debate continues, whether or not it's Democrats or Republicans and the president that need to come up with that plan.
Actually, the Democratic leadership in about 10 minutes or so are going to hold their own press conference, talking about the need to have a bipartisan plan to fix this problem. At the same time, of course, the president focusing on his foreign agenda, specifically, on the success inside of Iraq.
Now, it was just yesterday that Italian Prime Minister Silvio Berlusconi announced that he was pulling his 3,000 troops out Iraq. There was a lot of controversy, at least questions, about why that was, in light of the hostage the hostage -- the Italian hostage that was taken in Iraq. She was released, and that accidental shooting that took place by U.S. troops, whether or not that was somehow retribution for that happening.
Well, President Bush today saying that he spoke with Berlusconi, and Berlusconi assured him that this is no change in Italy's policy. The coalition has not crumbled, and that simply allied force, U.S. forces, would not pull outside of Iraq until those Iraqi troops were adequately trained.
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BUSH: Iraq had a meeting today, of its transitional national assembly. It was a bright moment in what is a process toward the writing of a constitution, the ratification of the constitution and elections. And I congratulate the Iraqis for their assembly. And it's a -- we've always said this is a process. And today was a step in that process.
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MALVEAUX: Kyra, of course, what the president is talking about, mentioning what happened earlier today. That was the national assembly that was gathered inside of Iraq really, a step forward in choosing their own leadership and their own government.
The president using that as an example for what he says is really proof of his vision, this larger vision, that, in fact, democracy is spreading in the Middle East -- Kyra.
PHILLIPS: Suzanne Malveaux from the White House, thank you.
Well, for about a year, the Department of Homeland Security's been working on a series of worst case scenarios to help states anticipate and plan for plausible disasters. Now goose bumps and hackles are up after the list was mistakenly posted on several states' public web sites. The nightmarish what ifs include what could happen if terrorists exploded a nuclear bomb in a downtown business district.
A homeland security official tells CNN that all the scenarios, like a bio attack with pneumonic plague are just what ifs of possible disasters to help states prepare and are not based on credible intelligence. Much more on this story coming up on the next hour of LIVE FROM.
Meanwhile, Michael Chertoff marking his first month at the helm of the Homeland Security Department. Speaking today in Georgetown, Chertoff talked about balancing privacy concerns and maintaining public trust, while ensuring security.
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MICHAEL CHERTOFF, HOMELAND SECURITY SECRETARY: People want the shorter line at the airport or they want expedited processing at their borders. They can achieve it by agreeing to provide some limited personal information that will assure us of their good faith. That tradeoff will be their choice.
Another element is trust. We will earn the public trust when we demonstrate that the information we do collect and the measures we do implement are tailored to the goals of preserving security and do not creep beyond that mission.
Our ultimate goal is a time when security measures are a comfortable, convenient part of our routine, a time when people go about their daily lives, mindful of risks, but not encumbered by fear.
(END VIDEO CLIP)
PHILLIPS: CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information day and night.
(BEGIN VIDEO CLIP)
PHILLIPS (voice-over): Next on LIVE FROM, steroids and baseball. What do players think about juicing the game? What does Congress hope to do about it?
Later on LIVE FROM, a dirty bomb, a biological attack on a subway. Is America prepared for a terror attack? A former homeland security inspector joins us on LIVE FROM.
And tomorrow, NASCAR driver Jeff Burton makes a pit stop on our set, just before the big Atlanta race. The LIVE FROM fast lane interview.
(END VIDEO CLIP)
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PHILLIPS: Once again, just to bring you up to date out of Redwood City, California. We're continuing to hear from various family member, Laci Peterson's family, as the decision has come down in the Scott Peterson case.
If you've been -- just tuning in to CNN, the judge presiding over the case says that he will sentence Scott Peterson to die by lethal injection. And not long from now, Scott Peterson will be leaving that courthouse by private escort, heading to San Quentin. We'll bring you more on that.
But just -- just real quickly, we're going to go more in depth in just a little bit. But Laci Peterson's family members, her mother, her sister, her father, taking the stand, giving their last words to Scott Peterson, as the judge made his decision.
Sister, Amy Rocha, coming forward, saying to Scott Peterson, "You've broken my heart, my whole family's heart. You're evil. You're a monster for what you've done. I can't believe you murdered my sister."
Father coming forward, saying things obviously that we can't say on television to Scott Peterson. You can imagine what he had to say.
We're going to hear more on what Sharon Rocha, Laci's Peterson's mother, just said, in a few minutes, with David Mattingly. He's following what all the family members are saying to the very minute inside that courtroom.
Now OPEC says it wants to help bring oil prices down, but that's not happening today. Susan Lisovicz joins us live from the New York Stock Exchange with the bad news for consumers, right, Susan?
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