Newly Appointed Judge Is Removed in Peterson Case

Prosecutors exercised their prerogative Thursday to remove the newly appointed judge in the murder trial of accused wife-killer Scott Peterson, saying that the jurist was prejudiced against them.

The peremptory challenge did not require the prosecutors to show cause or provide any supporting evidence as to why retired Contra Costa County Superior Court Judge Richard E. Arnason should be removed from the case.

Arnason “is prejudiced against the interest of the party, so that I believe I cannot have a fair and impartial hearing,” Stanislaus County Dist. Atty. James C. Brazelton said in his challenge.

Brazelton did not elaborate, and his office declined to comment further.

Each side can use one peremptory challenge that automatically removes the judge in the case.

Arnason, 82, known for a fatherly demeanor that has won praise from convicted felons, declined to comment on his removal from the case.

The retired jurist, who has heard such high-profile criminal cases as the murder trial of activist Angela Davis, had been chosen Wednesday by California Chief Justice Ronald M. George to preside over the Peterson trial.

Arnason’s selection came a day after another judge ordered the case moved from Modesto to the Bay Area, saying that Peterson could not get a fair trial in his hometown, where many residents have expressed anger about the defendant and sympathy for his wife.

Officials said the selection of a qualified replacement for Arnason is expected to take some time. They said further court proceedings in the Peterson case, originally scheduled to start Monday, almost certainly would be postponed.

Peterson, 31, charged with two counts of murder in the killings of his pregnant wife, Laci, and the son she was carrying, could face the death penalty if convicted.

Prosecutors said the former fertilizer salesman killed his 27-year-old wife, probably at their Modesto home, shortly before Christmas 2002 and then dumped her body into San Francisco Bay.

Four months later, her remains and those of the fetus she was carrying washed ashore in the bay, two miles from where Peterson said he had been fishing at the time of her disappearance.

Arnason, known for exercising tight control over his courtroom and the media, has heard many cases that have generated public interest during his 41 years on the bench.

He took over the politically charged trial of activist Davis after five other judges withdrew or were disqualified. Davis -- charged with murder, conspiracy and kidnapping in connection with a 1970 Marin County court shootout in which four people, including a judge, were killed -- was ultimately acquitted.