Dismissed Juror No. 5 on Frey Testimony

This is a partial transcript from "On the Record" with Greta Van Susteren, August 11, 2004, that has been edited for clarity.

Watch "On the Record" every weeknight at 10 p.m. ET!

GRETA VAN SUSTEREN, HOST: Live from Redwood City for day two of Amber Frey's testimony at the Scott Peterson double murder trial. Let's bring in juror No. 5, Justin Falconer, who was recently dismissed from the trial.

Justin, we continue to listen to these tapes all day long. Big question, at least tonight, a debate, is whether or not he loved her or not. I'm not so sure that even weighs into whether he did it or not. But your thought? You've taken a look at the transcripts. Your thought on day two?

JUSTIN FALCONER, DISMISSED JUROR #5: I honestly don't think he loved her. I think that he wined her and dined her really hard. Maybe it was even a last hurrah before she had the baby, before Laci had the baby. That's why he was so into it and he wanted to have this last fling. Maybe he felt like he couldn't do it anymore, but...

VAN SUSTEREN: If you were still sitting as a juror, would it matter to you whether he loved you or not in even weighing the issue of whether he killed his wife or not?

FALCONER: I think it would. If you're madly in love with somebody and you're going to alter your other life like that for this person, I think that's a pretty big thing. But I don't see that from here or from what I've read and what I've seen and heard. I just don't see that. And especially when he's starting to get towards the... you know, he's starting to actually back out, talking about the 95 percent and 5 percent, and I'm not too sure about this. He started to bring up differences. It sounds like he's starting to kind of back out of it. At least, that's the way I took it.

VAN SUSTEREN: What's your impression of Amber?

FALCONER: Well, she seems like she's doing a really good job. I mean, she's obviously a victim in this. It wasn't her fault, just bad luck that she happened to bump into Scott. Scott knew exactly what to say. Obviously, he's done this before. And she fell for it. So I mean, what can you say about that?

VAN SUSTEREN: Do you think it's hard for her to take the witness stand?

FALCONER: Oh, I can imagine, yes. I can imagine it would be very difficult. If nothing more than to have to spill your dark secrets and all your intimate knowledge out in front of everybody, in front of the whole world — that's got to be terrible.

VAN SUSTEREN: If you're sitting and watching her, listening to her testify, would you want to look at Scott and how he's reacting? Would that make a difference to you?

FALCONER: It would. And you know, I did that from the day that I was in there. I mean, from the first day, I really watched him to see his reaction because you get knee-jerk reactions out of certain things and if you watch him, he does that. Like, if something strikes him, he'll get kind of uppity about it. So I would definitely pay attention to him and see how he's reacting to this and see what his demeanor is.

VAN SUSTEREN: Would it make a difference to you when you weigh all the evidence at the end of the case — and we're not even finished with the prosecution case — whether or not Scott took the stand?

FALCONER: You know what? For me, it would be a big deal. I would like to see him take the stand.

VAN SUSTEREN: And if he didn't?

FALCONER: If he didn't, I'd it'd bother me, I think. But you know, obviously he doesn't have to take the stand. But I would like to see him take the stand. I mean, just for me personally, if it were me and you're telling me that you're trying to accuse me of killing my wife, then I would be the first person on that stand. I don't care what my lawyer said...

VAN SUSTEREN: All right, Justin...

FALCONER: If I didn't do it.

VAN SUSTEREN: Justin, thank you.

Content and Programming Copyright 2004 Fox News Network, L.L.C. ALL RIGHTS RESERVED. Transcription Copyright 2004 eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House, Inc.), which takes sole responsibility for the accuracy of the transcription. ALL RIGHTS RESERVED. No license is granted to the user of this material except for the user's personal or internal use and, in such case, only one copy may be printed, nor shall user use any material for commercial purposes or in any fashion that may infringe upon Fox News Network, L.L.C.'s and eMediaMillWorks, Inc.'s copyrights or other proprietary rights or interests in the material. This is not a legal transcript for purposes of litigation.