The Hardship of Being a Sequestered Juror

This is a partial transcript from "On the Record," November 4, 2004, that has been edited for clarity.

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GRETA VAN SUSTEREN, HOST: If jurors in the Peterson (search) trial decide to convict, they have two options, first or second-degree murder. Here is what dismissed Peterson juror Justin Falconer had to say about those options.

(BEGIN VIDEO CLIP — OCTOBER 29, 2004)

JUSTIN FALCONER, DISMISSED PETERSON JUROR NO. 5: Name one thing in this case that warrants a second-degree murder charge. From day one, they've said that it was premeditated. That's why he bought the boat. He wasn't happy in his marriage. And I feel like because they weren't able to prove that, you know, the financial motive, because they weren't able to solidify the Amber motive, and because everything else is falling apart, they're selling out.

(END VIDEO CLIP)

VAN SUSTEREN: And our next guest knows what it's like to be sequestered in a high-profile murder trial. He sat on the jury that acquitted O.J. Simpson (search) of double murder in October of '95. In Los Angeles is David Aldana, Simpson juror No. 19. Welcome, David.

DAVID ALDANA, FORMER O.J. SIMPSON JUROR: Hi, Greta. How're you doing?

VAN SUSTEREN: Very well. All right, David, you were sequestered through the testimony and into the deliberations in the Simpson case, unlike here, where they weren't sequestered during the testimony. But tell me, is it a hardship to be sequestered as a juror? Is it tough?

ALDANA: Well, in our case, yes, it was hard because for the mere fact that we were sequestered for 10 months. And it shouldn't be too bad on them because since it's only for deliberation, however long they take, so since their second day, if it takes them two days more or three days more, however long, it won't be so bad. Another thing would be they were able to go home at night, you know, before deliberations and stuff, so it shouldn't be too bad on them.

VAN SUSTEREN: All right. In terms of the actual deliberations — and we have no idea what's going on in this jury room, and we have no right to know what's going on in the jury room right now — tell me your experience. Is there give-and-take among the jurors? Is the process one where people work together?

ALDANA: Yes. Well, yes, I think they do work together. We worked together and everything seems to go in the flow. However fast they want to work it that's how fast they'll work it if they want to take their time and go over everything.

The thing is that our difference between us and them was that that's all we had to think about all day because when we went back to the hotel there wasn't really much for us to do.

VAN SUSTEREN: All right. There was no testimony on the weekend, so it's likely the jurors here won't be deliberating on the weekends. You were sequestered with a deputy sheriff watching you, not letting you have newspapers, et cetera. Were the weekends tough?

ALDANA: Well, during deliberation we wouldn't be out. There wouldn't have been any time for us to go anywhere because we would be stuck right there. But on the weekends when we were sequestered we were able to go places, do things, but we were watched. We were watched by the deputies very well.

VAN SUSTEREN: Well, yes or no, would you ever agree to serve on a sequestered jury again if you had an option not to?

ALDANA: I would do anything in my power to get out of it.

VAN SUSTEREN: All right, David.

ALDANA: It's not that much fun.

VAN SUSTEREN: All right, David, thank you very much. I appreciate it.

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