Question about Scott Peterson's Feb 25th

[ZippidyDoDa]

What is the name of your state?
California

I belong to a general chat forum and this question was posted:

"The jury returned a sentencing recommendation Monday, Dec.13th in the Scott Peterson trial. But the judge will do the formal sentencing on Feb. 25 - nearly two months later!

I could understand it if this were not the judge who presided over the trial and didn't hear everything that was presented. It would certainly take time to review the whole matter. But that's not the case here. This WAS the same judge that heard everything the jury heard (and more, for that matter - as he ruled on motions about what could and could not be entered in evidence).

So exactly what is the problem here? Surely he has already reached a decision just as the jury did. Is there some silly California law that specificities that long time gap? Seems to me that must be it because otherwise it makes no sense at all (to me). That's why I posted this in the Political Forum because if that's the case I think people should be contacting their lawmakers. Perhaps that was a reasonable thing (?) back in 1880 or so but it hardly seems fitting today."

Can anyone give me some insight on this observation?

Thanks!

 

[CdwJava]

Well ... they have to accomodate both counsels (and Geragos flies all over the place and has other commitments), they have to allow for time for challenges, motions, etc. - and there WILL be challenges and appeals here, and there is no great need to rush to sentencing.

- Carl

 

[rmet4nzkx]

The judge set the sentencing date prior to the sentencing phase, since there were 2 possibilities of sentencing. The judge has to allow for motions and appeals, some of which are automatic, for assignment of appeals counsel, which takes time, also have to wait on the probation report and evaluations given the sentencing reccommendaiton, these take time and then the holidays. Because this is a high profile case, the judge has been cautious. While the jury returned a DEATH reccommodation, it is possible that the judge may modify the jury's reccommodation to LWOPP, which would require the other evaluations which in turn determine placement if not on Death Row at San Quentin.