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Don Thompson, Associated Press Published 3:46 p.m. ET Oct. 23, 2020
SACRAMENTO, Calif. — Northern California prosecutors said Friday they will afresh seek the afterlife amends for Scott Peterson in the annihilation of his abundant wife and approaching son about 19 years ago, alike as a canton adjudicator considers throwing out his basal confidence because of a attenuated juror.
Stanislaus Canton Assistant District Advocate Dave Harris appear that it is prosecutors’ ambition to retry the amends actualization of the case, agent John Goold said afterwards a cloister hearing. He said prosecutors contrarily won’t animadversion or altercate the decision.
Peterson, 47, cutting a fizz crew and a affectation advised to anticipate the advance of the coronavirus, appeared accidentally in the Modesto attorneys from San Quentin Accompaniment Prison arctic of San Francisco, home to the state’s afterlife row.
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District Advocate Birgit Fladager acted afterwards the California Supreme Cloister in August chaotic Peterson’s 2005 afterlife book in a case that admiring common attention.
The state’s aerial cloister upheld his confidence in that ruling. But the aforementioned justices in October ordered a new audition in San Mateo Superior Cloister to actuate whether his basal annihilation confidence charge additionally be tossed out if a juror committed “prejudicial misconduct.”
“He’s innocent – an innocent man’s been sitting in bastille for 15 years. It’s time to get him out,” advocate Pat Harris told reporters alfresco the attorneys in answer why he is afresh demography the case. He additionally was on Peterson’s aboriginal balloon aggregation alongside celebrity advocate Mark Geragos.
Janey Peterson, his sister-in-law, said the ancestors is attractive advanced to his new day in court.
“We still charge amends for Laci, Connor and Scott,” she told reporters. “We don’t accept amends for Laci with Scott on afterlife row, because Scott is innocent.”
Scott Peterson is escorted by two San Mateo Canton sheriff’s assembly to a van March 17, 2005, in Redwood City, Calif. The accompaniment Supreme Cloister chaotic the afterlife book for Peterson in the annihilation of his abundant wife.
Peterson was bedevilled in San Mateo Superior Cloister afterwards his balloon was confused from Stanislaus Canton due to the massive pre-trial publicity that followed the Christmas Eve 2002 dematerialization of 27-year-old Laci Peterson, who was eight months abundant with their approaching son, Connor.
Investigators say Peterson took the bodies from their Modesto home and dumped them from his fishing baiter into San Francisco Bay, area they alike months later.
The Supreme Cloister said his afterlife book could not angle because abeyant jurors were break absolved from the board basin afterwards adage they alone disagreed with the afterlife amends but would be accommodating to chase the law and appoint it.
In the additional ruling, it ordered a San Mateo adjudicator to adjudge whether the confidence itself charge be chaotic because one juror bootless to acknowledge that she had approved a abstinent adjustment in 2000 adjoin her boyfriend’s ex-girlfriend.
The juror said in gluttonous the adjustment that she feared for her approaching child.
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The San Mateo adjudicator will accept to adjudge if that was juror misconduct, and if so if it was so prejudicial that a new balloon is warranted.
Pat Harris said he was “sandbagged” by prosecutors’ decidedly abrupt advertisement that they would afresh seek the afterlife penalty, and said he needs to argue with Peterson afore accordant to put off the amends actualization until the adjudicator decides whether to bandy out basal conviction.
They set a new cloister actualization for Nov. 6.
“It’s been 15 continued years, and as you can brainstorm there are ups and downs, but all-embracing he was actual blessed that the cloister is basically demography a attending at the motions, demography a attending at the evidence, and has accustomed him two abstracted affairs here. So we’re aflame about that,” Pat Harris said of Peterson’s acknowledgment to the aerial court’s bifold rulings.
Peterson was bedevilled of first-degree annihilation of his wife and second-degree annihilation of his approaching son. Peterson was arrested afterwards Amber Frey, a beating therapist active in Fresno, told badge that they began dating a ages afore his wife’s death, but that he had told her his wife was dead.
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Despite throwing out the afterlife penalty, the Supreme Cloister said there was ample incriminating amplified affirmation adjoin Peterson, including that he researched ocean currents, bought a baiter after cogent anyone, and couldn’t explain what blazon of angle he was aggravating to bolt that day.
He additionally awash his wife’s car, advised affairs their house, and angry the babyish nursery into a accumulator allowance afore their bodies were found, the cloister said in August, all advertence that “he already knew Laci and Conner were never advancing back.”
California has not accomplished anyone back 2006 because of acknowledged challenges, and Democratic Gov. Gavin Newsom issued a adjournment on executions for as continued as he is governor.
Read or Share this story: https://www.usatoday.com/story/news/2020/10/23/california-prosecutors-again-seek-death-scott-peterson/6009216002/
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