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

[Niner]

Prosecutors Won’t Pursue New Death Sentence for Convicted Wife Murderer Scott Peterson

“The Defendant petitioned the United States Supreme Court, asking that Court to find his conviction invalid and that Court denied his petition,” prosecutors wrote on Friday while recapping the litigation. “In this appeal, the highest courts of this state and the United States have now settled the question of the defendant’ s guilt, leaving only the question of his punishment. The California Supreme Court indicated the People may retry the penalty phase if they so choose.”

So - if I'm understanding this correctly - the Court has said that "he won't be getting a whole new trial - just the penalty phase of it" - ?? Correct? Just sentencing - life without parole?

 

[MajorHoople]

So - if I'm understanding this correctly - the Court has said that "he won't be getting a whole new trial - just the penalty phase of it" - ?? Correct? Just sentencing - life without parole?

I think you're right.

"Scott Peterson discovered on Friday that he will instead spent the rest of his life in prison after a prosecutor in Sacramento, California, said there were no plans to have his 2005 death sentence reinstated."

Prosecutor says she won't seek new death sentence for Scott Peterson | Daily Mail Online

 

[ilovewings]

Total waste of money and resources in an already overloaded court system. And no matter how many Post-It notes his SIL writes, he's still guilty, and I believe he would be found guilty again.

I will never forget, Mark Geragos, during the trial, saying, "Well, he's a cad. But not a murderer." Still infuriates me.

This must be so painful for Laci's family, to go through any of this again. And Amber Frey. I bet she thought she'd put this behind her long ago. Remember, he had a Google map printed out with directions to Amber's workplace when he was found, in addition to all his other bug-out bag stuff? Was he going to ask her to come along or what?

A lot of this reminds me of the Suzanne Morphew case.

So - if I'm understanding this correctly - the Court has said that "he won't be getting a whole new trial - just the penalty phase of it" - ?? Correct? Just sentencing - life without parole?

Well, not exactly: The supreme court is considering if Scott should get a new trial: that decision has not been made yet. The Supreme Court did overturn the death penalty portion of the case and the prosecution has decided not to pursue the death penalty again. I am hoping that the conviction will not be overturned.

 

[BeachSky]

I read the gory details about that........apparently her body was not in one piece anymore. She had been weighted down when she was dumped in the bay. And some of her had broken off and washed away. During that time, her body had openings because of the decomposition, and so the unborn child also washed away.


Autopsy: Laci Peterson's Head Was Missing
topsy: Laci Peterson's Head Was Missing
By
ABC News
January 7, 2006, 6:34 AM
• 7 min read

May 30, 2003 -- Laci Peterson's head and parts of her limbs were missing and plastic tape was wrapped around the neck of her child, according to the full autopsy and coroner's photographs exclusively seen by ABCNEWS.

According to the autopsy, the skin of the child was not decomposed at all, though the right side of his body was mutilated, and the placenta and umbilical cord were not found with the body.

Baden, the former chief pathologist for New York City, said it could not be determined from the autopsy how the baby came out of Laci's body.

"It does tell us that the baby was in the womb for many months after Laci was in the water and Laci in fact protected the baby until the baby came out shortly before the bodies were found," Baden said.

He said the tape on Laci's body and a cement bag that was found washed up on the shore near the baby could be important evidence.

"If any of that matches cement or duct tape that they've come in contact with in removing stuff from Scott's place of work or place of residence, that's heavy evidence," he said.

Can’t believe these horrible, just evil details that Scott did to these beautiful souls is going to be shown & weighed & talked about again.
I remember Laci’s brother saying at sentence phase that his sisters head is still rolling around on the ocean floor.


MOO

 

[Quiet Time]

Also, If I'm correct...There would be no more appeals from SP if he's assigned to LWOP.
That way Laci's family won't have to hear a peep out of him ever again.

jmo

 

[MrsWatson]

Well, not exactly: The supreme court is considering if Scott should get a new trial: that decision has not been made yet. The Supreme Court did overturn the death penalty portion of the case and the prosecution has decided not to pursue the death penalty again. I am hoping that the conviction will not be overturned.

So, these are two separate issues and supreme court issues? 1) Death penalty; 2) The entire guilty verdict. I'm confused.

Laci Peterson is the first case I ever followed online.(different venue entirely) I am still in contact with some of those fine people, and one of them ended up being one of my dearest friends.

I really thought he was already done and dusted. I'm still a bit shocked he's not.

So, with LWOP, is that better than being on death row, or worse?

This is an automatic appeal and it's just taken this long to find its way to the supreme court?

 

[ilovewings]

So, these are two separate issues and supreme court issues? 1) Death penalty; 2) The entire guilty verdict. I'm confused.

Laci Peterson is the first case I ever followed online.(different venue entirely) I am still in contact with some of those fine people, and one of them ended up being one of my dearest friends.

I really thought he was already done and dusted. I'm still a bit shocked he's not.

So, with LWOP, is that better than being on death row, or worse?

This is an automatic appeal and it's just taken this long to find its way to the supreme court?

Yes it took this long to get to the Supreme Court: 2 separate issues: death penalty (overturned) and whether to let the conviction stand or overturn it- the Supreme court should be making that decision very soon.

 

[MrsWatson]

Thank you, @ilovewings.

I don't think the conviction will be overturned and I'm hoping this is really, truly THE END to this.

 

[MsBetsy]

Yes it took this long to get to the Supreme Court: 2 separate issues: death penalty (overturned) and whether to let the conviction stand or overturn it- the Supreme court should be making that decision very soon.

I think it is the lower court that will decide whether or not he gets a new trial, based on jury misconduct. He's due back in San Mateo County Superior Court June, if I remember correctly. His attorneys were given an extra 60 days for discovery back in April. (I think the court date might be June 27th)

Hopefully the judge will not grant him a new trial. It will be a shame to put Laci's family through that again after all these years. Either way, he would likely be found guilty again.

I've read about the Peterson's theory and the evidence the attorneys claim to have and it sounds ridiculous to me. Imo

 

[katydid23]

I think it is the lower court that will decide whether or not he gets a new trial, based on jury misconduct. He's due back in San Mateo County Superior Court June, if I remember correctly. His attorneys were given an extra 60 days for discovery back in April. (I think the court date might be June 27th)

Hopefully the judge will not grant him a new trial. It will be a shame to put Laci's family through that again after all these years. Either way, he would likely be found guilty again.

I've read about the Peterson's theory and the evidence the attorneys claim to have and it sounds ridiculous to me. Imo

I really don't want her family to go through that horrid trial again. And I really don't want a rogue juror or two to get an opportunity to play games, and try to set this monster free.

 

[MsBetsy]

I really don't want her family to go through that horrid trial again. And I really don't want a rogue juror or two to get an opportunity to play games, and try to set this monster free.

Yes, what scares me a little is that his attorneys seem so confident about their case. But then again, it's their job to be confident.

I think it will all come down to whether the judge decides the juror lied when she said she wasn't a victim of a violent crime. She apparently had a restraining order against her boyfriend's girlfriend, who threatened her when she was pregnant. She was also named as a victim of DV involving the ex- boyfriend. Her explanation was that she did not consider herself a victim.

I have no idea how likely it would be for a judge to throw out a conviction based on one juror.

 

[Quiet Time]

Yes, what scares me a little is that his attorneys seem so confident about their case. But then again, it's their job to be confident.

I think it will all come down to whether the judge decides the juror lied when she said she wasn't a victim of a violent crime. She apparently had a restraining order against her boyfriend's girlfriend, who threatened her when she was pregnant. She was also named as a victim of DV involving the ex- boyfriend. Her explanation was that she did not consider herself a victim.

I have no idea how likely it would be for a judge to throw out a conviction based on one juror.

But, will any of this matter because she was an 'alternate' for quite awhile?

Silly question probably.......^

Imo, If his sis and lawyers can convince the judge they have overwhelming 'new' evidence, only then would he grant a new trial.

Is the new evidence, that the burglars across the street kidnapped Laci? And etc.

It's late...I'm prob not making much sense.

 

[Niner]

Peterson has: Stanislaus County hearing on 6/21 & San Mateo County hearing on 6/28 - just to keep the hearing dates correctly.

edited to add my notes:
Stanislaus County: Last year, the California Supreme Court ordered a second look at the case after the original trial judge excluded jurors from the juror pool after they expressed they were personally opposed to the death penalty. The ruling upheld the conviction but struck the death penalty case, prompting a retrial of the penalty phase. The judge Tuesday agreed with a motion allowing 60 days of discovery and ordered the sides to reconvene in court on June 21. San Mateo County: Peterson’s defense team on Tuesday was granted more time to investigate a juror who is accused of going rogue & committing juror misconduct during Peterson’s 2004 murder trial. .... San Francisco Superior Court Judge Anne-Christine Massullo approved a continuance to June 28 for a further status report

 

[katydid23]

Scott Peterson hopes new evidence will exonerate him - Court TV

The trial court was also ordered to look at whether the verdict should be set aside, because a juror didn’t disclose her involvement in legal proceedings.

If Peterson does get a new trial, supporters say they’ll put forth new evidence.

“This is evidence that had been discussed around the time of trial, but defense would say they have better proof of it now,” said Dan Abrams, ABC News chief legal correspondent.


That evidence includes eyewitnesses who claimed to have seen Laci after she disappeared.

Another piece of evidence centers around a burglary across the street from the Peterson home on the same day Laci disappeared.

“On that phone call, which was recorded, it talked about Laci confronting the burglars. The Modesto Police never followed up on that tip and that recording has since disappeared,” said Janey Peterson.

Detectives have said they interviewed those burglars and dismissed them as suspects.

 

[katydid23]

Scott Peterson hopes new evidence will exonerate him - Court TV

The trial court was also ordered to look at whether the verdict should be set aside, because a juror didn’t disclose her involvement in legal proceedings.

If Peterson does get a new trial, supporters say they’ll put forth new evidence.

“This is evidence that had been discussed around the time of trial, but defense would say they have better proof of it now,” said Dan Abrams, ABC News chief legal correspondent.


That evidence includes eyewitnesses who claimed to have seen Laci after she disappeared.

Another piece of evidence centers around a burglary across the street from the Peterson home on the same day Laci disappeared.

“On that phone call, which was recorded, it talked about Laci confronting the burglars. The Modesto Police never followed up on that tip and that recording has since disappeared,” said Janey Peterson.

Detectives have said they interviewed those burglars and dismissed them as suspects.

"Another piece of evidence centers around a burglary across the street from the Peterson home on the same day Laci disappeared.

“On that phone call, which was recorded, it talked about Laci confronting the burglars. The Modesto Police never followed up on that tip and that recording has since disappeared,” said Janey Peterson.'


Ok, If that^^ recording does not exist anymore, what evidence do they have of the conversation? Were their notes taken by authorities? Who reported what the convo was about?


ETA; see next post, I found the answer to my question

 

[katydid23]

this article has more info on the 'new' evidence:

Almost 2 decades after being convicted of pregnant wife's murder, Scott Peterson seeks new trial

In 2003, Modesto police received a tip from Lieutenant Xavier Aponte at Norco Prison in California.

Aponte claimed that he had overheard an inmate's phone conversation in which Laci Peterson was mentioned.


"We sent our investigator down to interview Lieutenant Aponte who confirmed and signed a declaration saying it was true," said Harris. "We ask him specifically if he had been interviewed by the Modesto police, and he said, 'Yes, they interviewed me back before the trial started.'"

At first, Aponte said the inmate told them Laci Peterson had seen one of the burglars and that the burglar had threatened her. Aponte later backtracked on the details of the call.

"We were gonna call him in as a witness, and he changed his story and he started saying, 'Well, I don't really know what I heard,' He started backing off everything," said Harris.

 

[katydid23]

So some of the 'new evidence' is :

----the list of witnesses that claimed to see Lacey walking her dog after Scott had already left

But LE said:

Brocchini also said that the investigators found another local pregnant woman had walked her golden retriever on the same day Laci Peterson disappeared.

"We actually found the pregnant lady with a golden retriever that walked her dog on that day and the conclusion was that it was not Laci," said Brocchini.

Almost 2 decades after being convicted of pregnant wife's murder, Scott Peterson seeks new trial

 

[katydid23]

And the other 'new' evidence is the burglary and the theory that they framed Scott by moving Lacey's body to the SF Bay.

I don't think they have any evidence of that at all. The main thing seemed to be the tip from a jailer saying he heard them talking on a recorded call. But there is no recorded call anymore---so that makes me wonder if it ever really existed.

The officer that called it in to the tip line---wouldnt he have kept a recording of the call if he was going to the Homicide Unit with the info? Seems sketchy, to me.

And I have a real hard time believing that 3 small time burglars from Modesto, would unbury a pregnant woman's body---whom EVERYONE is searching for, and drive an hour and a half with herr remains to the SF Bay, where it was teeming with investigators and search and rescue teams and cadaver dogs, and try and put her there somewhere.

 

[ilovewings]

this article has more info on the 'new' evidence:

Almost 2 decades after being convicted of pregnant wife's murder, Scott Peterson seeks new trial

In 2003, Modesto police received a tip from Lieutenant Xavier Aponte at Norco Prison in California.

Aponte claimed that he had overheard an inmate's phone conversation in which Laci Peterson was mentioned.


"We sent our investigator down to interview Lieutenant Aponte who confirmed and signed a declaration saying it was true," said Harris. "We ask him specifically if he had been interviewed by the Modesto police, and he said, 'Yes, they interviewed me back before the trial started.'"

At first, Aponte said the inmate told them Laci Peterson had seen one of the burglars and that the burglar had threatened her. Aponte later backtracked on the details of the call.

"We were gonna call him in as a witness, and he changed his story and he started saying, 'Well, I don't really know what I heard,' He started backing off everything," said Harris.

Doesn't sound like a promising witness for Scott Peterson- he is waffling on his story-I don't give him or his story much credence, if any. By the way if the burglar tale was of such import, why didn't Mark Geragos push that argument at the trial ( or did he?) and it was not believed. The idea that burglars abducted her, killed her and threw her body (hate to say it that way) in the same waters where Peterson was allegedly fishing
(to frame him), is beyond absurd: it would be laughable if it were not such a serious and tragic event.

 

[MsBetsy]

But, will any of this matter because she was an 'alternate' for quite awhile?

Silly question probably.......^

Imo, If his sis and lawyers can convince the judge they have overwhelming 'new' evidence, only then would he grant a new trial.

Is the new evidence, that the burglars across the street kidnapped Laci? And etc.

It's late...I'm prob not making much sense.

Well, prosecutors say there was no jury misconduct. Peterson's attorneys claim he didn't get a fair trial since the juror was biased against him from the beginning. I don't think they can be granted a trial just based on the evidence, they have to give a reason why the judge should overturn the conviction, which from what I understand, is "jury misconduct." If the judge doesn't agree, there won't be a retrial. He could just say no, and the conviction will still stand. That's the way I understand it, but I could be wrong.

I see that others have already posted information about the new evidence. Scott's sister believes that the burglars kidnapped Laci, killed her and then framed Scott by dumping the body in the same spot he went fishing. Ha!