Scott Peterson Retrial Update: Here Are the Key Witnesses Who Have Been Called to Testify at Evidentiary Hearing
Convicted murderer Scott Peterson is looking ahead to an evidentiary hearing later this month that could determine whether he gets a new trial.
Based on Peterson's 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.
The five-day hearing starts on February 25, and Richelle Nice, the juror in question, was called to testify at the hearing. Peterson's lawyers claimed that Nice had kept the details of her personal life that could have been a conflict during his initial trial.
Nice is accused of "prejudicial misconduct" for not disclosing that she was the victim of domestic violence and had sought a restraining order in 2000 for fears that her boyfriend's ex-girlfriend would be a threat to her unborn baby.
According to KRON 4, the juror wrote several prison letters to Peterson while in San Quentin State Prison in California as a death row inmate. Peterson's lawyers plan to use these letters against her to prove that she wanted to ensure he was sentenced to death.
Nice has co-written a book about the case with other jurors. Sections of the book will also reportedly be used as evidence in the hearing.
On Monday, Stanislaus County District Attorney Birgit Fladager announced that she would grant immunity for Nice so that she could testify on the stand without fear of self-incrimination, ABC News reported.
Nice, who was one of 12 jurors who convicted Peterson in 2004, has denied her experiences with domestic abuse influenced her. Peterson was sentenced to death in 2005.
The 49-year-old suspect remained on death row until 2020, when the California Supreme Court had overturned his death sentence after finding that Peterson's jury was improperly screened for bias against the death penalty.
In its ruling, the California Supreme Court said that a judge would decide the matter in San Mateo Superior Court.
Superior Court Judge Anne-Christine Massullo now has the authority to overturn the suspect's conviction and grant him a retrial. She will reportedly base her decision on testimony from several witnesses at the hearing.
Other Key Witnesses at Scott Peterson's Evidentiary Hearing
Based on the witness lists obtained by KRON4 from Scott Peterson's defense lawyers and the Stanislaus County District Attorney's Office, the defense team's list includes Peterson's lead defense attorney for his murder trial, Mark Geragos, aside from Nice.
Juror Justin Falconer, who was dismissed from the trial for talking to one of Laci Peterson's family members, will also testify, and Steve Cardosi, who served as the jury foreman.
Jurors Greg Beratlis and Frank Swertlow were also on the list, including Shareen Anderson, who produced the A&E documentary "The Murder of Laci Peterson."
Johnny Dodd and Lyndon Stambler, both reporters for "People" magazine that covered the trial extensively, and Larry Gibbs, Peterson's ex-appellate attorney, will also be witnesses.
The district attorney's witness list includes Nice, Stanislaus County district attorney investigator Craig Grogan, and San Mateo County senior district attorney inspector Bill Massey.
Santa Clara County senior criminal investigator Nate Wandruff and Nice's former defense attorneys Elliot Silver and Negad Zaky will also be among the district attorney's witnesses.
After the conclusion of the evidentiary hearing, the judge would have 90 days to decide if she will grant Peterson's request for a new trial.
Last December, Scott Peterson was resentenced to life in prison without the possibility of parole for the murder of his pregnant wife, Laci Peterson, and their unborn son, Conner.
Scott Peterson's Murder Case
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 arrested in La Jolla, California on April 18, 2003. It was the same day when the two decomposed bodies washed ashore in the San Francisco Bay were identified as Laci Peterson and Conner.
Investigators noted that Scott Peterson 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.
Pat Harris, one of Peterson's lawyers, earlier told TODAY that they were "cautiously optimistic" that Peterson would be granted a retrial. Harris said they would present evidence they believed would exonerate Scott Peterson if he is granted a new trial.
This article is owned by Latin Post.
Written by: Mary Webber
WATCH: Scott Peterson Resentenced to Life in Prison in Wife's 2002 Death | Rush Hour - From NewsNation Now
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