A judge has permitted the retesting of duct tape found on Laci Peterson in Scott Peterson's bid for a fresh murder trial.
Scott Peterson's recent request for a new trial has been ongoing for approximately 20 years since his initial conviction in 2004, where he was found guilty of murdering his wife Laci and their unborn son Conner. He was initially sentenced to death, but this was later changed to life without parole.
During a hearing at the San Mateo County Superior Court, Judge Elizabeth Hill only agreed to re-examine one item - the duct tape found on Laci Peterson's body. This decision was made to determine the validity of certain evidence, rather than considering whether Peterson could have a new trial.
Peterson's defense team, now having the support of the Los Angeles Innocence Project, presented evidence that they believe was either overlooked or ignored during the initial trial. From the 14 items they requested for retesting, only the duct tape was approved.
Additionally, Peterson's defense team wanted DNA testing done on stains found on a mattress from a burned-out van discovered near the Peterson home. They believe this could provide new information, but the judge denied this request. They also wanted to examine evidence from a burglary that occurred across the street from the Petersons' home; the theory being that Laci could have witnessed the crime and been killed as a result. This request was also denied by the judge.
The prosecution argued that Peterson is indeed guilty and tried to strengthen their case by revisiting the evidence that led to his double murder conviction. Dave Harris, from the Stanislaus County District Attorney's office, asserted that the defense has been attempting to drag out the trial.
"We were right then and we are right now," he said. "The state of California has a strong interest in the finality of its judgements."
The murder investigation began in December 2002, when Peterson reported his pregnant wife missing from their home in Modesto, California. Laci's body was discovered less than four months later in the San Francisco Bay along with Conner's. She was found guilty of first-degree murder for Laci's death and second-degree murder for Conner's death in a trial that lasted nearly six months in 2004. The jury recommended the death penalty, and Judge Alfred Delucchi followed through.
However, after Governor Newsom imposed a moratorium on executions in 2019, Peterson's death sentence was overturned by the California Supreme Court in 2020. A few months later, the California Supreme Court ordered the San Mateo County Superior Court to re-examine Peterson's murder convictions due to a juror's undisclosed involvement in other legal proceedings, such as being a victim of a crime. In 2021, Peterson was resentenced to life without parole.
In 2023, Peterson's attorneys submitted a petition for a writ of habeas corpus, claiming "violations of state and federal constitutional rights and state statutory rights, including... a claim of actual innocence that is supported by newly discovered evidence." The Los Angeles Innocence Project, a nonprofit aimed at exonerating people who were wrongly convicted, has stepped in to investigate Peterson's "claim of actual innocence."
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Scott Peterson and his defense team believe that retesting the duct tape found on Laci Peterson could potentially exonerate him, as they contest certain evidence used in his initial trial. Despite their requests for DNA testing on other items and examining evidence from a burglary, the judge only permitted the duct tape retesting, focusing on the validity of the evidence rather than a potential new trial for Scott Peterson and us.
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