California prosecutors would not seek a death penalty for Scott Peterson again for the 2002 slaying of his pregnant wife Laci Peterson even if he is granted a new trial on juror misconduct.

However, Superior Court Judge Anne-Christine Massullo said that even that declaration was not enough to take a death sentence off the table entirely, KCRA News reported.

Massullo noted that laws change, as well as district attorneys. She said that she wants to ensure that what they do is right.

The judge is considering when to resentence Scott Peterson to life without parole after Stanislaus County District Attorney Birgit Fladager stated in a court filing on May 28 that she would not seek to retry the case's death penalty portion, which the state Supreme Court overturned in August.

RELATED ARTICLE: California Supreme Court Overturns Scott Peterson's Death Sentence

Laci Peterson's Family

Scott Peterson had won two legal battles in 2020 when his death penalty was overturned last August. The second victory was when California Supreme Court ordered the lower court to take a second look at his case last October, People reported. 

Laci Peterson's family has been grieving over these court losses. Sharon Rocha, Laci Peterson's mother, is reportedly still devastated by her daughter's murder and the consecutive decisions made by the courts.

A source close to the family told People that it is beyond painful for Rocha, and she wanted to see Scott Peterson back on death row. The source added that the court process is too painful for the family to endure again and would be opening up old wounds.

The insider noted that the family is trying to focus on the Laci they knew and loved rather than think about Scott Peterson.

The Murder of Laci Peterson and Her Unborn Son with Scott Peterson

Laci Peterson went missing on Christmas Eve 2002 while she was eight months pregnant with her son, Connor. Scott Peterson was said to have gone fishing after eating breakfast and watching TV that morning, while Laci took their dog for a walk.

Later that day, a neighbor had found their dog, still wearing their leash while wandering in front of the house by himself, according to Rolling Stone.

Scott Peterson had told police that he first drove to his nearby warehouse to send emails and retrieve his boats, which he brought to Berkeley Marina. The timestamped emails and receipt from the marina had backed him up.

Scott Peterson also told investigators that he assumed that Laci went to her mother's house. He then called his mother-in-law to look for his wife. Laci Peterson was still missing half an hour later when her stepfather had decided to call 911 to report her missing.

Scott was an early suspect in the investigation, and police had taken note of his strange behavior. Police said that his primary concerns were not Laci, but his concerns were his car door hitting his other car door in the driveway or taking a picture of his boat in his shop.

Scott Peterson was discovered to have hidden a relationship with Amber Frey, a massage therapist and a single mom. They were introduced by Scott's friend in November 2002 and started a romantic relationship.

Four months after she went missing, locals found two decomposed bodies washed ashore in the San Francisco Bay.

One body seemed to be an adult woman's torso, and another was an infant. After a few days, DNA tests confirmed that the bodies belonged to Laci and Connor.

On Apr. 21, 2003, Scott Peterson was arraigned and charged with two counts of murder.

READ NEXT: California Supreme Court Orders Review of Scott Peterson's Death Penalty Conviction

WATCH: Scott Peterson May Spend the Rest of His Life Behind Bars Without the Chance of Parole - From ABC 10