Scott Peterson Denied a New Trial for Murder of Pregnant Wife and Unborn Son; Convicted Killer to Remain in Prison
Scott Peterson will not be getting a new trial for the murder of his wife, Laci Peterson, and their unborn son, a California judge ruled.
San Mateo County Superior Court Judge Anne-Christine Massullo ruled on Tuesday that there is a lack of evidence to show that juror Richelle Nice had prejudged the case or was biased against Peterson or had a "hidden agenda."
Peterson based his new trial appeal on allegations that the trial was tainted by a rogue juror who lied about her own history of abuse to be part of the jury panel. Nice had failed to disclose during a jury selection that she filed a restraining order while pregnant in 2000.
Nice is accused of "prejudicial misconduct" for not disclosing that she was a victim of domestic violence and had sought a restraining order for fears that her boyfriend's ex-girlfriend would be a threat to her unborn baby.
She stated "no" in the juror questionnaire about whether she had "ever been involved in a lawsuit." Nice also failed to share that her former partner beat her in 2001 while she was pregnant with another child. Peterson can appeal the judge's decision.
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No Retrial for Scott Peterson
Scott Peterson's attorney, Pat Harris, said in a statement that they were disappointed by the ruling. Harris noted that "this case is not over," and they had new evidence that Peterson did not kill his wife.
Harris also said he "respectfully" disagreed with the judge's decision that Richelle Nice did not commit misconduct. He claimed that it was a "bad precedent for future cases."
Anne-Christine Massullo allowed Peterson and his attorneys to argue for a new trial in court during days of testimony in an August hearing. In her ruling, the judge noted that the court concluded that Nice was "not motivated by pre-existing or improper bias" against Peterson.
She said it was a result of a good-faith misunderstanding of the questions and "sloppiness in answering." Harris argued that jury questionnaires and the attorneys who read them depend on the "honesty of the answers" to get a fair trial.
Peterson's lawyer said it would be difficult if jurors believed "they can lie and there will be no repercussions." In October, Peterson was reportedly moved off death row, more than two years after the California Supreme Court overturned his death sentence.
Scott Peterson Murder Case
Scott Peterson was convicted of first-degree murder for his wife's death and second-degree murder for the death of their unborn son Conner. He will remain in jail to serve life in prison without the possibility of parole.
Laci Peterson was eight months pregnant when she disappeared on Christmas Eve in 2002. Peterson had left that day to go fishing at the Berkeley Marina.
Peterson came under suspicion immediately. Detectives noted that he seemed far too calm for a man whose pregnant wife had suddenly disappeared.
A passerby found the bodies of Laci and the fetus of her son Conner washed ashore in the San Francisco Bay near Richmond in April 2003. Their remains were badly decomposed from time in the water. Thus, the cause of death was never determined.
Peterson was arrested in La Jolla, California, on April 18, 2003 - the same day the two decomposed bodies were identified as Laci Peterson and Conner. He had already dyed his hair blond, filled his car with survival gear, and had $15,000 cash on hand.
Investigators discovered that Peterson was having an affair with massage therapist Amber Frey at the time of his wife's disappearance. Frey told investigators that Scott Peterson told her he was not married, and she admitted they had a romantic relationship.
Prosecutors argued that the affair was Peterson's motive to kill his wife, allowing him to be with Frey. However, Peterson's lawyers maintained that they can present new evidence that burglars were nearby their Modesto home before Laci Peterson's disappearance if their client gets a new trial.
This article is owned by Latin Post.
Written by: Mary Webber
WATCH: Scott Peterson Won't Get a New Murder Trial, Judge Says - From KCRA News