Scott Peterson Murder Case Is Far From Over: What’s Next After Being Resentenced to Life in Prison?

Scott Peterson was recently resentenced to life in prison without the possibility of parole for murdering his wife and their unborn son. Is there a chance he could still be exonerated in this case?

According to Modesto Bee, Peterson is looking ahead to a hearing that would determine if his conviction will be overturned.

Peterson would be facing an evidentiary hearing based on his petition for habeas corpus filed by his defense team in 2015. The hearing will focus on his side's allegation that a jury committed "prejudicial misconduct" by failing to disclose that she had been involved in prior legal proceedings.

Modesto Bee reported that Superior Court Judge Anne-Christine Massullo would have 90 days to decide after the conclusion of the evidentiary hearing.

The 49-year-old suspect was sentenced to death in 2005. Peterson remained on death row until last year when the California Supreme Court had overturned his death sentence after finding that potential jurors were dismissed erroneously.

The California Supreme Court said in its ruling that the matter would be decided by a judge in San Mateo Superior Court.

Possible Outcomes of Scott Peterson's Evidentiary Hearing

If Judge Anne-Christine Massullo decides to uphold Scott Peterson's conviction, his attorneys can reportedly file a new habeas petition on the single juror misconduct claim to the California Court of Appeals and then the state Supreme Court.

Peterson's habeas attorney Cliff Gardner noted that it could take a few more years in state court if they lost at every level.

Meanwhile, the Stanislaus County District Attorney's Office reportedly has appeal options it could pursue before going into another trial if the judge overturns Peterson's conviction.

Gardner said the state may take the case through higher levels of the state system and seek review in the U.S. Supreme Court if relief is granted.

New charges would have to be filed, and the case could be retried or settled if the district attorney decides not to make an appeal.

The evidentiary hearing is scheduled to be held from February 25 to March 4, and Richelle Nice, the juror in question, was called to testify at the hearing, according to the Modesto Bee report.

Peterson's lawyers said Nice knowingly put false details on the jury questionnaire as she wanted to punish Scott Peterson for a crime of "harming his unborn child."

Pat Harris, one of Peterson's lawyers, earlier told TODAY that the "bar is high" for a new trial. However, he noted that they were "cautiously optimistic" that Peterson would be granted a retrial in February's hearing.

If Peterson is granted a new trial, Harris said they would present evidence they believed would exonerate him. But NBC News legal analyst Lisa Green also told TODAY that the likelihood of a new trial was "possible," but the chances are slim.

"For the court to have to overturn this verdict... (there should be) actual evidence showing that this juror essentially intended to reach a certain unfair result, not just the possibility of bias," Green said.

Scott Peterson Case and Resentencing

Laci Peterson's family had spoken about losing Laci and her unborn son. At the sentencing hearing last week, Laci's mother, Sharon Rocha, said there was no reason other than Scott Peterson did not want her daughter and grandson anymore, USA Today reported.

Rocha noted that Peterson did not want the responsibility of being a father. Rocha described Peterson's act as "evil, self-centered, and unforgivable" that ended two lives.

Scott Peterson was first convicted in 2004 of first-degree murder concerning his wife and of second-degree murder of their unborn son. He was sentenced to death by lethal injection in 2005.

Investigators noted that Scott Peterson has bought a brand new boat 15 days before Laci disappeared. They also said he could not identify what type of fish he was trying to catch when a police officer asked him on December 24, 2002, when Laci was reported missing.

Investigators also discovered that Peterson was having an affair with massage therapist Amber Frey, at the time, of his wife's disappearance.

Frey told investigators that Peterson told her that he was not married and admitted that they had a romantic relationship. Prosecutors argued that the affair was Peterson's motive to kill his wife, allowing him to be with Frey.

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

Scott Peterson was arrested on April 18, 2003. It was also the same day that the bodies found by authorities were identified as Laci Peterson and their unborn child, Conner.

This article is owned by Latin Post.

Written by: Mary Webber

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