Just to keep my notes & this thread current - I'll go ahead & post this. Also I can shorten it up a bit too.
Friday, June 18th:
*Case Management Hearing via Zoom (
San Mateo County) (@ am 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 47) 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 second-degree murder of their unborn son, Conner, & 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.
Court info from 5/14/20 thru 11/13/20 reference post #76 here:
CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*
1/21/21 Update: San Francisco Superior Court Judge Anne-Christine Massullo on Thursday continued until April a status hearing in the renewed penalty phase of the 2004 murder trial of Peterson. Appearing by Zoom from San Quentin State Prison, where he has been imprisoned for 16 *years, Peterson waived his right to proceed at this time with a new trial of his sentence. At Thursday's case management hearing, Massullo questioned Peterson directly to be sure he voluntarily waived his right to a speedy trial of the penalty phase. Peterson said that he did, and while he did not explain his rationale, in an earlier hearing his lawyers told the court that Peterson wanted the hearings on the habeas petition to go forward before the penalty phase retrial, because if the habeas proceedings were successful the entire case would be retried. The judge approved Peterson's waiver & set another case management conference for April 27.
Peterson filed (November, 2015) Petition for Writ of Habeas Corpus - related to automatic appeal (#S132449) to San Mateo County Superior Court-Honorable Alfred Judge Delucchi to get a new trial. See post #68 here:
CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*
4/27/21 Update: 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. The judge gave Peterson’s investigators more time to look into domestic violence committed against Nice in the early 2000’s while she was pregnant. Peterson will have two new hearings in June which will help move a slow legal process forward. The judge said she wants an evidentiary hearing — which would include new witnesses — to happen before the end of this year. He is guaranteed a new trial for the penalty phase because his death penalty was thrown out by the California Supreme Court. But what he really wants is a new trial for the criminal phase, which if found not guilty, would mean he could one day walk free out of prison. San Francisco Superior Court Judge Anne-Christine Massullo approved a continuance to June 28 for a further status report & also calendared that date for a hearing on expected discovery issues. In addition, she agreed to rule promptly on the appointment of attorney Pat Harris as Peterson’s counsel in the matter.
5/18/21 Update: Pat Harris, who served as second chair during the first trial, has been acting as Peterson’s attorney since his case was sent back to San Mateo Superior Court last year. Peterson is indigent & has a right to be appointed an attorney. Harris filed a motion May 10, 2021 to be appointed as Peterson’s attorney, which, if approved, would mean his services would be paid for by Stanislaus County at a rate of at least $125 an hour. Assistant County Counsel Rob Taro filed an opposition to the motion on Monday, saying Harris hasn’t given adequate showing that Peterson is entitled to appoint counsel as opposed to an attorney from the public defender’s office or a conflict attorney that contracts with the county. Taro asked that the motion be denied & the Public Defender appointed. “To allow Mr. Harris to represent the defendant at the public’s expense would be contrary to the law & has the potential to open the floodgates for such requests at tremendous costs to the taxpayers of Stanislaus County,” Taro wrote. In contrast to the fee schedule for appointed attorney, a topped out deputy public defender is paid $73.87 an hour & the office’s expenses are already factored into the county budget each year. Both matters were remanded back to San Mateo Superior Court, where the original trial was held due to the enormous pretrial publicity in Stanislaus County.
5/28/21 Update: Stanislaus County DA office said it won’t seek a new death sentence against Peterson. They said it would drop efforts to restore the penalty thrown out last year by the state Supreme Court. The Defendant petitioned the U.S. Supreme Court, asking that Court to find his conviction invalid & that Court denied his petition,” prosecutors wrote on Friday while recapping the litigation. “In this appeal, the highest courts of this State & the U.S. 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.
6/18/21 Update: Stanislaus County District Attorney Birgit Fladager said during a hearing on 6/18/21 for Peterson in San Mateo Superior Court that Peterson should be sentenced so that Laci's family can make victim impact statements & he can be taken off death row. The family has indicated that they likely will make statements. Chief Deputy DA Dave Harris originally said the office would retry the penalty phase, but in late May Fladager filed notice saying she no longer will pursue the death penalty. But there remains the matter of his petition for habeas corpus, which is part of Peterson's appeal & could get him a new trial. His attorney Pat Harris said Peterson shouldn't be sentenced until there is a ruling in that matter. Judge Anne Christine Massuno said she would instruct the San Mateo County Probation Dept. to begin preparing a report for Peterson's sentencing but set a hearing for 8/25/21 to revisit the issue. She said by then, based on deadlines established for the habeas, she will have a better idea of whether Peterson will get a new trial.