Scott Peterson's application to have the penalty phase of his trial moved out of San Mateo County was denied today by the California Supreme Court. As a result of the ruling, the jury of six men and six women can begin hearing the penalty phase of the case as early as Tuesday.

Peterson's attorney, Mark Geragos, had petitioned the court saying that Peterson could not receive a fair sentencing hearing in San Mateo County because the community was already prejudiced against his client due to media reports. He claimed that the cheering crowd outside the court house when the verdict was announced was evidence of the prejudice his client faced and asked that the penalty phase be moved to Los Angeles County. The California Supreme Court rejected those contentions, allowing for the penalty phase to go ahead.

New testimony will be heard by the jury in the penalty phase and it is much more open ended and prone to emotion.

Scott Peterson was convicted of killing his wife Laci who was eight months pregnant with the couple's first child. She disappeared in late December of 2002 and her body and that of the fetus were found months later in the San Francisco Bay. Peterson was found guilty of first degree or premeditated murder in the case of his wife and second degree murder in the case of the fetus. The jury must now decide between life inprisonment or the death penalty.