Decision on Scott Peterson's New Trial Appeal Delayed After California Judge Noticed a Clerical Error
A California judge has suspended her decision over whether Scott Peterson would be granted a new trial after she noticed a clerical error.
During the hearing on Wednesday, Judge Anne-Christine Massullo said it came to her attention that a court rule had been "violated" after court filing included an unredacted Social Security number and a driver's license number.
Massullo then ordered the attorneys to meet by Thursday morning to determine how to correct the exhibit and explain how they would do so. The judge also said the lawyers must also ensure that there would be no further errors within the filings.
Scott Peterson and his lawyers were expecting to hear the decision by December 16 on whether he would be granted a new trial. It was not immediately clear when will Massullo would release her decision.
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Scott Peterson New Trial Appeal
Much of Scott Peterson's chance for a new trial rests on whether a California juror who helped send him to prison in 2004 was biased being a victim of domestic violence.
She was identified in court documents only as Juror 7, but she used her real name Richelle Nice when she co-authored a book about the case with six other jurors.
She got the nickname "Strawberry Shortcake" during the trial due to her dyed red hair. One of Peterson's attorneys, Pat Harris, said the hearing for Peterson's new trial case was "critical" and a chance to show that Nice did "commit misconduct" and to have the "whole thing thrown out."
Nice is accused of "prejudicial misconduct" for not disclosing that she was a 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.
Peterson's lawyers said the 2000 case is relevant to whether Nice was accurate when she filled out the juror questionnaire. They noted that she stated "no" in the questionnaire about whether she had "ever been involved in a lawsuit."
Defense attorneys also claimed that Nice may have been more inclined to be on Peterson's wife's side. Laci Peterson was pregnant with their unborn son named Conner when she was murdered.
In the previous hearings, Nice maintained that she was not biased and did not lie about her past to become a juror on the case. She also told the court that she did not consider herself to be a victim at the time, adding that she never wrote the restraining order on the questionnaire as it never crossed her mind.
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.
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's disappearance if their client gets a new trial.
This article is owned by Latin Post.
Written by: Mary Webber
WATCH: Judge Temporarily Halts New Trial Decision in Scott Peterson Case - From CBS Sacramento
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