REDWOOD CITY, Calif. — The penalty phase in Scott Peterson's capital trial began Tuesday morning with a prosecutor telling jurors the fertilizer salesman deserves the ultimate punishment for the murders of his wife and unborn son.

"Based on the circumstances of this crime, the only appropriate, just punishment is death," prosecutor Dave Harris told the panel.

The six men and six women convicted the 32-year-old of first-degree murder in the slaying of his wife, Laci, and of second-degree murder for the death of the child they planned to name Conner.

The jury must now decide whether he should be sentenced to life without the possibility of parole or sent to death row.

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Harris told jurors the prosecution would call just four witnesses: Laci Peterson's mother, Sharon Rocha; her stepfather, Ron Grantski; her brother, Brent Rocha; and her half-sister, Amy Rocha.

In a voice barely above a whisper, Harris compared the victims to "ripples on the water."

"When the defendant dumped the bodies of his wife and unborn son into the bay, those ripples spread out and they touched many, many lives," he said, adding that the relatives would describe "the loss they all suffered."

The Rochas and Grantski were set to take the witness stand after the lunch break.

Peterson's defense attorney, Mark Geragos, chose to delay his opening statement until he begins his case later this week.

Peterson, wearing a khaki suit and a new haircut, stared toward Harris as he spoke. His parents, Lee and Jackie, sat behind him in the first row of the courtroom. They showed no emotion as Harris spoke, but another supporter, the wife of a family friend who is a pastor, began to cry.

Delayed start

The penalty phase was delayed two and a half hours as Judge Alfred Delucchi met privately with lawyers to discuss what he called a "serious" evidentiary matter.

A source told Court TV that Geragos subpoenaed a bartender who worked at an establishment frequented by several jurors. It was unclear what information the man had.

A San Francisco criminal defense attorney, Ian Loveseth, stood outside Delucchi's courtroom with a client, whom he identified only as "Gino," as lawyers met inside with the judge.

The lawyer and "Gino" — a slight, bearded man who appeared to be in his 50s — were later summoned into a closed-door meeting in the courtroom of Presiding Judge Mark Forcum.

While that meeting occurred, Delucchi's chambers were empty and defense lawyers and a prosecution investigator were seen milling around outside Forcum's chambers. The court released no information about why Forcum was involved in the hearing, but the presiding judge has ruled on some tangential matters in the case, including media access.

After the meeting ended, a bailiff emerged from Forcum's office and announced to a standing-room-only courtroom, "The issue has been resolved here. There is going to be no hearing here."

Five minutes later, Delucchi resumed the bench and began instructing jurors in the law as it relates to the penalty phase.

Alleging problems with the jury, the defense last week sought a new jury and a change of venue for the penalty phase.

Delucchi denied the request, as did an appeals court and the state Supreme Court.

Peterson reported his nearly eight-months-pregnant wife missing Dec. 24, 2002. He said she disappeared while he was on a spur-of-the-moment fishing trip to the San Francisco Bay. Her remains and those of her son washed up on the shore four months later.

During his trial, Peterson maintained his innocence.