GUILTY CA - Laci Peterson, 27, pregnant, Modesto, 24 Dec 2002 #2

[otto]

Scott Peterson's case for new murder trial returns to court

The ongoing case involving convicted murderer Scott Peterson’s bid for a new trial was set to return to a Redwood City courtroom Thursday.

www.nbcbayarea.com

Interesting! DNA was found on duct tape attached to Laci's pants in 2002, but the sample was too small to provide results. With today's advancements in DNA analysis, the duct tape may provide new information.

Both defence and prosecution proposed their preferred DNA lab, the judge has suggested a third neutral option. I assumed that all DNA labs are equal, but these lawyers disagree.

If the DNA produces results, there are two possibilities. It belongs to Scott or an unknown male. I'm assuming that Laci is ruled out. If it belongs to Scott, he will explain that as husband and wife, his DNA would be on her clothing.

If it belongs to an unknown male, does that guarantee Scott a new trial? He wasn't convicted on DNA evidence. A DNA fishing expedition does not undermine the overwhelming circumstantial evidence.

 

[Niner]

Monday, July 15th:
*Motions Hearing (see below) (@ 9am PT) – CA – Laci Denise Peterson (27) & Connor (unborn) (missing Dec. 24, 2002, Modesto; found April 13, 2003 in the San Francisco Bay) - *Scott Lee Peterson (30 @ time of crime/31/now 51) convicted & found guilty (11/12/04) of 1st degree murder (Laci) & 2nd degree murder (Connor) & sentenced (3/16/05) to death by lethal injection. Death penalty was reversed & sentencing to life in prison without the possibility of parole (Laci) & concurrent sentence of 15 years to life (Connor). San Mateo County Case #SC055500A / Stanislaus County Case #1056770 / Appeal #S132449/Habeas Corpus #S230782/SM County had SC055500A.
His case is currently on automatic appeal to the Supreme Court of California. Sits on San Quentin's death row. Calif. Supreme Court denied a new trial in the guilt phase but reversed the death penalty sentence for Stanislaus County. Also the San Mateo Superior Court will now consider whether there was jury misconduct. Stanislaus County district attorney’s office said it won’t seek the death penalty if there is a new trial.
Re-Sentencing Hearing on 12/8/21. Peterson was moved to San Mateo County jail on 11/29/21 for sentencing hearing. Ordered Peterson to serve life in prison without the possibility of parole for the 1st degree murder of Laci & a concurrent sentence of 15 years to life for the 2nd degree murder of Connor. Peterson was transferred from San Quentin State Prison (~10/21/22) to Mule Creek State Prison.
Motion (12/21/22) for new trial was denied.
Court info from 5/14/20 thru 7/1/24 reference post #49 here:
https://www.websleuths.com/forums/t...-pregnant-modesto-24-dec-2002-2.707395/page-3
For 7/11/24 hearing: New court date for status/motions hearing on 7/11/24. A judge, defense & prosecuting attorneys are expected on Thursday in San Mateo County Superior Court to determine how a 15-inch piece of duct tape will be tested for DNA. The duct tape was on pants worn by Laci, the murder victim, during her autopsy. Attorneys representing Peterson, from the L.A. Innocence Project, hope testing will reveal DNA from someone else other than Peterson to indicate he may not have been the murderer. In May, a judge ruled the duct tape could be retested for DNA. It was the only item accepted by the court out of a list of 14. During the hearing, attorneys are expected to determine what lab will conduct the DNA testing & who will pay for it.
7/11/24 Update: San Mateo Superior Court Judge Elizabeth Hill did not make a ruling Thursday regarding the DNA testing lab, but instead will announce her decision on Monday, 7/15/24. Attorneys for Peterson must disclose whether they've already tested evidence that they now want to test again, Judge Hill ruled this week. As Peterson on Thursday remotely joined a court hearing from Mule Creek State Prison, Superior Court Judge Elizabeth Hill ordered his legal team to share whether they've already retested DNA evidence from the case — and if so, what the results of the DNA tests were. On Thursday, prosecutors told Hill that Peterson’s team already tested some of this evidence in 2023. Hill rebuffed arguments from Peterson's attorneys that under the Sixth Amendment, he could privately discuss these findings without sharing them with the prosecutions. She said California law required them to share their findings. On Monday’s hearing the third motions hearing seeks post-trial discovery from the case, including evidence of the December 2002 burglary across the street from the Petersons' Modesto home, a missing watch belonging to Laci & files & documents from witness interviews. Peterson was also expected to attend the other two motion hearings remotely.

 

[Smelly Squirrel]

https://twitter.com/x/status/1812907481343095118

 

[Smelly Squirrel]

https://twitter.com/x/status/1812921163745796507

Ex-District Attorney Birgit Fladager just read a victim impact statement written by Sharon Rocha, mother of Laci Peterson, to the judge. The letter stated in part: "It has been almost 22 years since I have seen or talked to my daughter. She was murdered by her husband ..."

"She was murdered by the man she loved with all her heart. Since his conviction in 2004, he has been in court numerous times trying to get his conviction overturned. Each attempt he makes for freedom feels like ripping the scab from the wound (family's trauma)..."

"He continues to file claim after claim. I believe this is not about proving his innocence, but instead about his relentless pursuit (to be freed) from prison. When will this end?" Laci Peterson's mother's letter to the judge states. @kron4news

 

[Smelly Squirrel]

The hearing is ongoing and expected to finish tomorrow.

Scott Peterson’s jury never got ‘complete picture’ of what happened to Laci, LAIP says

His case was back in court again on Monday while attorneys with the LA Innocence Project requested more than 600 pieces of evidence collected by the Modesto Police Department in 2002 and various investigators in following years.
...
Prosecutor Ahnna Reicks told the judge that LAIP has no solid new evidence nor witnesses to build a new case on. LAIP merely wants to go on a “fishing exhibition,” fishing through the DA’s old case files and police reports, Reicks told the judge. The DA’s office is asking Judge Hill to deny all of LAIP’s requests for accessing case files and evidence.
....
Paula Mitchell, director of the LA Innocence Project, shook her head in disagreement at times during Reicks’ lengthy argument. Mitchell told the judge that crucial items of evidence, including tapes of police interrogations with Peterson in 2002, were never provided to his defense team before nor after his murder trial.
....
His most recently filed case asks for new DNA testing, as well as access to 645 pieces of evidence, Reicks said. “This is a request for anything and everything except the kitchen sink,” she added.
...
Arguments will continue inside the courtroom on Monday afternoon before the hearing wraps up on Tuesday morning. Judge Hill will not make a ruling Monday.