A criminal defense lawyer suggests that Scott Peterson’s best chance for having his murder conviction overturned may be a challenging endeavor.
On Monday, Peterson’s legal team submitted a petition aimed at reversing his murder conviction from 2004, claiming new evidence that could prove the 52-year-old’s innocence. He was found guilty of murdering his wife Laci and their unborn son in 2002.
The Los Angeles Innocence Project, now representing Peterson, filed this court petition asserting it includes “significant new evidence.” The legal team argues that Peterson’s rights to due process and a fair trial were violated during the trial in 2004, warranting the reversal of his conviction. This petition includes previously undisclosed evidence provided by the state.
The recent filing mentions that 17 eyewitnesses from Peterson’s neighborhood “reported seeing a woman resembling Laci walking a dog in the area and nearby park” on the morning of December 24, 2002, shortly after Scott left.
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Scott Peterson and Amber Frey at a Christmas party on December 14, 2002, before Laci Peterson’s murder and before Frey was aware that Scott Peterson was married. (Superior Court of California, San Mateo County)
Peterson’s lawyers asserted that during the investigation for Laci, no detectives conducted interviews with people who claimed to have seen her and her dog.
The legal filing also states that Laci Peterson reportedly confronted two burglars attempting to break into a nearby house on December 26, 2002. Her attorneys argue that this information “exonerates” Scott, as it implies he was not in the area when she went missing, having departed for a fishing trip beforehand.
The petition further claims a law enforcement scent dog could not have detected Laci’s scent, as evidence suggests she was alive on December 28, contrary to the prosecution’s claims.
Scott Peterson speaks with attorney Pat Harris during a hearing break at the San Mateo County Superior Court on February 25, 2022. (AP Photo/Jeff Chiu, Pool)
Criminal defense attorney Keith Johnson shared with Fox News Digital that despite being Peterson’s “strongest” plea for overturning his conviction, it may still prove to be a long shot.
“I would argue it’s the strongest argument he has,” Johnson noted. “However, it’s unlikely that this will overturn a capital case. The judge isn’t re-evaluating the jury’s prior decisions, which presents a significant obstacle.”
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Scott Peterson on October 21, 2022 (California Department of Corrections and Rehabilitation via AP)
Johnson compared the efforts to overturn the conviction to a “Hail Mary” pass.
“You could equate habeas corpus petitions to a Hail Mary in sports,” Johnson explained. “It’s like taking a half-court shot when time is running out. These are hardly ever approved, though there have been some exceptions. The key is that all other appeals are supposed to have been exhausted and unsuccessful.”
He emphasized that Peterson’s legal team is alleging that the investigation was poorly conducted, which alone isn’t a compelling enough reason for a habeas corpus petition to be granted.
In 2004, Peterson was convicted of killing his wife, Laci, as well as second-degree murder for the death of their unborn son, Conner. Laci disappeared from their Modesto, California home on Christmas Eve 2002, and in April 2003, a passerby found her unborn son’s body in the San Francisco Bay, already in a state of decomposition.
Within the petition, Peterson’s attorneys contended that jurors did not receive evidence that could have influenced the trial’s verdict, and accused the prosecution of possibly compromising evidence.
Scott and Laci Peterson in a scene from “American Murder: Laci Peterson.” (Courtesy of Netflix)
“Every facet of the prosecution’s theory regarding how the crimes were committed has now been demonstrated to be incorrect,” reads the petition. “The new evidence presented in this Amended Petition establishes that the prosecution’s entire case theory was flawed.
“While an individual error may not be significant enough to warrant relief, a pattern of constitutional or statutory violations can lead the court to determine that the cumulative errors undermine confidence in the conviction and justify relief. This certainly applies here… All the new evidence sufficiently establishes a prima facie case for the Petitioner’s innocence.”
A spokesperson for the Los Angeles Innocence Project stated that they do not comment on ongoing litigation.
