the trial of john ricardi, improperly dismiss ad prospective juror because of her conflicting responses about the death penalty. one of her victims was the mother of rock guitarist dave navarrome a member of the red hot chili peppers and other bands. this could affect other death row inmates, specifically scott peterson who was convicted of murdering his wife and unborn son in 2002. there are murmurs his lawyer is attempting to do the same thing here. lis wiehl joins us now, fox news analyst. not even jurors that sat there, prospective jurors. >> i have to tell you there is a 1994 decision, '84 decision, supreme court said that allic reversal of prospective, not someone who is actually there, jenna, perspective juror, i'm not sure what i think about that death penaltiwise. here's the thing. shouldn't that lawyer who is representing that defendant, before the jury starts say, okay, then you're out of there? you're out. jenna: this case in particular happened 30 years ago. >> i know. jenna: so the lawyers had 30 years to look at what the judge said about a prospective juror? >> these are new lawyers. you have lawyers for the trial. when they lose, then you have appellate lawye