11/18/2004 at 12:10 PM EST
One jury already decided the question of Scott Peterson's guilt, but if defense attorney Mark Geragos has his way, a new jury will decide whether Peterson deserves the death penalty.
On Wednesday, Geragos filed a motion seeking a new jury to be seated in a new county that would determine whether Peterson is sentenced to death or life in prison for the murder of his wife Laci and the couple's unborn child, the Associated Press reports.
Judge Alfred Delucchi will not review the motion until the penalty phase of the trial gets under way Monday. Similarly, details of Geragos's motion were not yet made available.
Peterson, 32, was found guilty in the murder of his wife and the fetus she was carrying on Nov. 12. The jury deliberated for just six hours, but it had to be restarted twice after two members of the panel were dismissed, one of them the original jury foreman.
Laci Peterson disappeared from the couple's Modesto, Calif., home on or around Dec. 24, 2002. The prosecution in the case maintained that Scott Peterson killed his wife and then dumped her body from a boat on San Francisco Bay. Her body and that of her fetus later washed ashore in mid-April 2003.