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

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I was distressed when I heard his DP was being changed to LWOP, and then I consoled myself. I'm a Californian, I know what my state is like. He was never going to be executed anyway. That made me feel a little better about it. The idea of a new trial is horrifying though. What if he gets a sympathetic juror? It's only my opinion, but I think he'd kill again! He is a monster.
 
Will Scott Peterson get a new trial? Immunity deal opens door for juror to speak on possible misconduct.

Feb. 23, 2022

Friday, Scott Peterson’s two-decade-long legal drama will return to a San Mateo County court to determine if he will be re-tried for the 2003 slaying of his wife, Laci, and unborn son, Connor, that captured national notoriety.

Peterson, who saw his death sentence reduced to life without parole in 2021, is seeking a new trial over claims that Juror 7, Richelle Nice, lied on a jury questionnaire during the trial.
[.....]
The announcement comes weeks after Stanislaus County prosecutors offered immunity to Nice in exchange for her testimony in an evidentiary hearing ordered by the California Supreme Court.
[.....]
The evidentiary hearing is set to last through March 4, with Superior Court Judge Anne-Christine Massullo set to tender a decision within 90 days of the conclusion of the hearing.
 
Friday, February 25th:
*Evidentiary Hearings (Day 1 of 6) (for new trial-juror problem) (@ 10am 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/now 49) convicted & found guilty (11/12/04) of 1st degree murder (Laci) & 2nd degree murder(son) & sentenced (3/16/05) to the death penalty.
He was found guilty on 11/12/04 of the 1st degree murder of his pregnant wife, Laci, & the 2nd degree murder of their unborn son, Connor, & in 2005, he was sentenced to death by lethal injection. 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 Conner.

Court info from 5/14/20 thru 11/17/21 reference post #255 here:
CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*

12/8/21 Update: Re-Sentencing hearing: Judge Anne-Christine Massullo 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 Conner. Laci's mother Sharon Rocha, Brent Rocha (brother) & Amy Rocha (sister) gave victim impact statements. Peterson’s attorney has said that if he is granted a new trial, he will present new evidence that bolsters his claim that Laci Peterson was killed when she stumbled upon a burglary. Regarding jury misconduct: Evidentiary hearings on 2/25/22, thru 3/4/22.
2/7/22 Update: Stanislaus County District Attorney Birgit Fladager announced Monday that she will grant juror Richelle Nice immunity from self-incrimination for Peterson’s hearing. The 2/25/22 hearing will be a make-or-break moment in Peterson’s battle for a new murder trial. Judge Anne Christine Massullo will listen to five days of testimony to make her ruling. If the judge decides Nice committed juror misconduct & was bias against Peterson, his murder conviction will be overturned. Nice planned to plead the Fifth at Peterson’s upcoming hearing. On Monday Fladager said she will grant immunity so that Nice can testify without incriminating herself. If Nice refuses to answer questions on the stand even after the district attorney grants immunity, Nice would be held in contempt of court, legal analyst Michele Hagan said. Superior Court Judge Anne-Christine Massullo set to tender a decision within 90 days of the conclusion of the hearing.
 
Yesterday I read where the hearing won’t be able to be watched but audio will be available. Does anyone know about this or have a link ?
 
This article has everything you need to know about what its going in with this hearing:

Attorneys for Convicted Wife Killer Scott Peterson Grill Alleged Rogue Juror in Attempt to Secure New Murder Trial



Attorneys for Convicted Wife Killer Scott Peterson Grill Alleged Rogue Juror in Attempt to Secure New Murder Trial

"Scott Peterson, the man convicted of killing his wife Laci Peterson, 27, and the couple’s unborn son in 2002, fought on Friday for a new trial by attempting to discredit one of the jurors who convicted him.

Nice, who was dubbed “Strawberry Shortcake” due to what the Associated Press called her “dyed red hair,” has been accused by Peterson’s defense team of lying about her past status as an alleged victim of domestic violence. Peterson’s legal team claims Nice lied because she explicitly wanted to convict Peterson.

Nice testified that her a portion of her original voir dire questionnaire from the jury selection process was only “somewhat true” — but most of her back-and-forth battle with Peterson’s attorneys was a quibble over language. Specifically, Nice said she wasn’t sure she considered herself a crime victim because she once agreed to drop all potential charges in what has been described as a domestic violence incident. In part because she agreed to drop the potential charges, she did not identify herself as a “victim” on Peterson’s jury questionnaire.
...snipped...


On Friday, Nice attempted to clarify the line she wrote back in the year 2000 about the so-called “fears for her unborn child.” She said her fears were about the potential for a fight but were not a reference to “a genuine fear” that someone was actually attempting to target or “hurt” her child with any sort of specific intent aimed toward the child.


snipped....

The Friday hearing broke little new factual ground but rather gave Peterson’s defense attorneys to attempt to skewer Nice for her alleged errors and omissions in filling out the 2004 questionnaire. The hearing is scheduled to continue after a lengthy break on Friday, when this report was published, and into next week. When it concludes, a judge will decided if Peterson deserves a new trial."


The original habeas corpus filing is below, as are some of the key exhibits — including the letters Peterson and Nice wrote back and forth to one another after the original murder trial concluded.


[MUCH MORE AT LINK, INCLUDING THE JURY PAPERWORK NICE FILLED OUT AND THE COURT REPORTS]


From what I have read so far, it is probably 50/50 that a judge will order a retrial. Techinically, one could say that she was a crime victim. Yet she claims that all the charges WERE DROPPED and she never suffered from any crime, so she didn't consider herself a crime victim at the time.

So it is up to the judge to decide which way to go.

The defense is saying that she lied in order to get on the jury and be a rogue juror to find him guilty. But 11 other jurors also found him guilty, so how does that make sense that she was the key to him needing a retrial?
 
This article has everything you need to know about what its going in with this hearing:

Attorneys for Convicted Wife Killer Scott Peterson Grill Alleged Rogue Juror in Attempt to Secure New Murder Trial



Attorneys for Convicted Wife Killer Scott Peterson Grill Alleged Rogue Juror in Attempt to Secure New Murder Trial

"Scott Peterson, the man convicted of killing his wife Laci Peterson, 27, and the couple’s unborn son in 2002, fought on Friday for a new trial by attempting to discredit one of the jurors who convicted him.

Nice, who was dubbed “Strawberry Shortcake” due to what the Associated Press called her “dyed red hair,” has been accused by Peterson’s defense team of lying about her past status as an alleged victim of domestic violence. Peterson’s legal team claims Nice lied because she explicitly wanted to convict Peterson.

Nice testified that her a portion of her original voir dire questionnaire from the jury selection process was only “somewhat true” — but most of her back-and-forth battle with Peterson’s attorneys was a quibble over language. Specifically, Nice said she wasn’t sure she considered herself a crime victim because she once agreed to drop all potential charges in what has been described as a domestic violence incident. In part because she agreed to drop the potential charges, she did not identify herself as a “victim” on Peterson’s jury questionnaire.
...snipped...


On Friday, Nice attempted to clarify the line she wrote back in the year 2000 about the so-called “fears for her unborn child.” She said her fears were about the potential for a fight but were not a reference to “a genuine fear” that someone was actually attempting to target or “hurt” her child with any sort of specific intent aimed toward the child.


snipped....

The Friday hearing broke little new factual ground but rather gave Peterson’s defense attorneys to attempt to skewer Nice for her alleged errors and omissions in filling out the 2004 questionnaire. The hearing is scheduled to continue after a lengthy break on Friday, when this report was published, and into next week. When it concludes, a judge will decided if Peterson deserves a new trial."


The original habeas corpus filing is below, as are some of the key exhibits — including the letters Peterson and Nice wrote back and forth to one another after the original murder trial concluded.


[MUCH MORE AT LINK, INCLUDING THE JURY PAPERWORK NICE FILLED OUT AND THE COURT REPORTS]


From what I have read so far, it is probably 50/50 that a judge will order a retrial. Techinically, one could say that she was a crime victim. Yet she claims that all the charges WERE DROPPED and she never suffered from any crime, so she didn't consider herself a crime victim at the time.

So it is up to the judge to decide which way to go.

The defense is saying that she lied in order to get on the jury and be a rogue juror to find him guilty. But 11 other jurors also found him guilty, so how does that make sense that she was the key to him needing a retrial?
Scott Peterson juror: 'I was not a victim of domestic violence' I can't read the full article because of the paywall, but what I could read is that she is saying that she was the aggressor in the domestic dispute with her boyfriend... I think this is why she was offered immunity.
 
And although her live-in boyfriend in 2001 was arrested, pleaded guilty and was ordered through a restraining order to stay 100 yards from her, Nice said the truth was that she hit him and not the other way around.

I wonder why the boyfriend plead guilty? Because Nice didn't tell LE the truth and he took a plea deal?
"I was in fear if we fought. She wasn’t going to deliberately hurt my child, but if we fought and rolled around like some dummies on the ground … I was in fear I would lose my child doing something stupid like that,” Nice testified.

So Nice was in fear of losing her child in a physical altercation with her ex boyfriends girlfriend. That should have been disclosed during jury selection. JMO.

I'm not sure if I trust Nice's current statements with her admitting to not telling LE the truth about her boyfriend. Either she lied then or she is lying now. Her credibility is very low with me. JMO.

Scott Peterson juror denies bias during 2004 trial
 
I wonder why the boyfriend plead guilty? Because Nice didn't tell LE the truth and he took a plea deal?


So Nice was in fear of losing her child in a physical altercation with her ex boyfriends girlfriend. That should have been disclosed during jury selection. JMO.

I'm not sure if I trust Nice's current statements with her admitting to not telling LE the truth about her boyfriend. Either she lied then or she is lying now. Her credibility is very low with me. JMO.

Scott Peterson juror denies bias during 2004 trial
Agreed. Seems odd that they waited this long to bring up that she should have been disqualified from the jury. Why wasn't she stricken in jury selection? Isn't that on Geragos??
 
Agreed. Seems odd that they waited this long to bring up that she should have been disqualified from the jury. Why wasn't she stricken in jury selection? Isn't that on Geragos??
No one knew anything about it until years after the trial. She never said anything about asking for an order of protection, or about being a crime victim, when she was questioned during jury selection.

So that is why the defense is now trying to get a RETRIAL---they claim that this juror lied, so she should be kicked from the jury and the verdict should be nullified.

The thing is, TWELVE jurors found him guilty. So what difference does it make that one juror decided that she was not really a victim of a crime, because the charges were dropped. How would that make him unfairly found guilty by her?
 
No one knew anything about it until years after the trial. She never said anything about asking for an order of protection, or about being a crime victim, when she was questioned during jury selection.

So that is why the defense is now trying to get a RETRIAL---they claim that this juror lied, so she should be kicked from the jury and the verdict should be nullified.

The thing is, TWELVE jurors found him guilty. So what difference does it make that one juror decided that she was not really a victim of a crime, because the charges were dropped. How would that make him unfairly found guilty by her?

Hopefully the judge sees it the way you described!
 
Monday, February 28th:
*Evidentiary Hearings (Day 2 of 6) (for new trial-juror problem) (@ 10am 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 49) convicted & found guilty (11/12/04) of 1st degree murder (Laci) & 2nd degree murder(son) & sentenced (3/16/05) to the death penalty.
He was found guilty on 11/12/04 of the 1st degree murder of his pregnant wife, Laci, & the 2nd degree murder of their unborn son, Connor, & in 2005, he was sentenced to death by lethal injection. 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 Conner.

Court info from 5/14/20 thru 12/8/21 reference post #266 here:
CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*

2/7/22 Update: Stanislaus County District Attorney Birgit Fladager announced Monday that she will grant juror Richelle Nice immunity from self-incrimination for Peterson’s hearing. The 2/25/22 hearing will be a make-or-break moment in Peterson’s battle for a new murder trial. Judge Anne Christine Massullo will listen to five days of testimony to make her ruling. If the judge decides Nice committed juror misconduct & was bias against Peterson, his murder conviction will be overturned. Nice planned to plead the Fifth at Peterson’s upcoming hearing. On Monday Fladager said she will grant immunity so that Nice can testify without incriminating herself. If Nice refuses to answer questions on the stand even after the district attorney grants immunity, Nice would be held in contempt of court, legal analyst Michele Hagan said. Superior Court Judge Anne-Christine Massullo set to tender a decision within 90 days of the conclusion of the hearing.
2/25/22 Update: Nice testified that her a portion of her original voir dire questionnaire from the jury selection process was only “somewhat true” — but most of her back-and-forth battle with Peterson’s attorneys was a quibble over language. Specifically, Nice said she wasn’t sure she considered herself a crime victim because she once agreed to drop all potential charges in what has been described as a domestic violence incident. In part because she agreed to drop the potential charges, she did not identify herself as a “victim” on Peterson’s jury questionnaire. Peterson’s defense team also quibbled with Nice’s statements in the questionnaire that indicated she had no legal acumen. Nice admitted she for a time worked for a law firm. They further goaded Nice for stating “no” in the 2004 questionnaire to a prompt about whether she had “ever been involved in a lawsuit.” They reminded Nice that the 2000 matter involving her boyfriend’s ex was, in technicality, a lawsuit; Nice responded that she didn’t know her request for an order of protection qualified as a lawsuit. Nice later testified that she “made amends” with the woman she accused & dropped the matter against her. Nice testified that most of the questionnaire document was either “true” or “absolutely true” from her perspective. The hearing is scheduled to continue after a lengthy break on Friday & into next week. When it concludes, Judge Anne-Christine Massullo will decide if Peterson deserves a new trial. Evidentiary hearing continues on 2/28/22.
 
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