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Updated Nov. 9, 2004, 4:30 p.m. ET

Peterson deliberations continue on apparent rocky path for day five
Scott Peterson (right) could face the death penalty if convicted of murdering his wife and unborn son.

REDWOOD CITY, Calif. (Court TV) — Jury deliberations in Scott Peterson's murder trial appeared to hit a new snag Tuesday as lawyers met with the judge behind closed doors to discuss a "juror issue."

Prosecutors and defense lawyers convened in chambers for less than an hour Tuesday morning, after which the pool coordinator, Peter Shaplen, confirmed that the subject of the hearing was a juror issue, although he would not specify what the issue was.

The meeting came on the fifth day of deliberations in the fertilizer salesman's double-murder trial and one day after the six-man, six-woman panel appeared to indicate that they were having difficulty reaching a verdict.

Judge Alfred Delucchi called jurors into open court Monday to reinstruct them on one part of the law.


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Without explanation, Delucchi reread instructions he gave the panel last week about their obligation to work together to determine whether Peterson is guilty in the murders of his pregnant wife, Laci, and unborn son.

"The attitude and conduct of jurors at all times are very important. It is rarely helpful for a juror at the beginning of deliberations to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused, and one may hesitate to change a position even if shown it is wrong," Delucchi said.

It was not clear what prompted the reinstruction, but it may indicate jurors are having difficulty reaching a verdict or some members of the panel are refusing to deliberate.

Earlier Monday, jurors were allowed to view the fishing boat prosecutors says Peterson used to dump his wife's body in the San Francisco Bay.

As the lawyers and Delucchi looked on, two jurors jumped into the 14-foot aluminum boat and began jumping up and down, according to comments made later in court.

This hands-on interaction prompted defense lawyer Mark Geragos to request a mistrial, although Delucchi denied the request saying that jurors were allowed "closely observe and even manipulate" evidence during their deliberations.

The stability of the boat is a key issue in the trial. Prosecutors say Peterson weighted the 27-year-old mother-to-be's body with concrete anchors and then tossed it over the side of the boat. The defense maintains that the boat would have capsized.

Laci Peterson disappeared from the couple's Modesto home Dec. 24, 2002. Her body and that of the couple's unborn child were found on the bay shore about four months later.

Peterson, 32, could face the death penalty or life in prison if convicted of first-degree murder. The jury also has the option of finding him guilty of second-degree murder or acquitting him.

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