The California District Attorney will not issue a new death apology against Scott Peterson, who was found guilty in 2005 of the murder of his pregnant wife following a widely publicized trial.
on friday San Mateo High Court filed in court, Stanislaus County District Attorney Birgit Fladager said she would no longer pursue efforts to restore the death penalty.
The sentence was repealed last year when a California judge said potential jurors were excluded from trial after saying they disagreed with the death penalty.
Fladager, in a filing by The Associated Press, said that while Laci Peterson̵7;s family had “no doubt” that Scott Peterson killed his eight-month pregnant wife and their unborn son Conner. They believed he deserved the death penalty. but decided not to proceed with the rehabilitation of the punishment that had been returned because “This process was too painful to bear again.”
Peterson, whose trial was moved from Stanislaus County to San Mateo Courthouse due to the public interest in the case. He was held at the San Quentin State Prison since his conviction.
The move by the district attorney came as Peterson continued to maintain his innocence and was seeking a new trial. His lawyers allege that the jury failed to reveal that she had sought a restraining order against her boyfriend’s ex for fear of the safety of her unborn child.
chief court judge Anne-Christine Massullo said she hopes to decide this year whether nondisclosure is jury misconduct. And if this warrants a new murder trial, the AP reported.
Pat Harris, Peterson’s attorney who handles the death penalty in the case, told the AP it was not immediately clear whether the district attorney would resume the death penalty if a new trial took place.
“It’s not clear to me what they are saying. We’re taking the death penalty off the table … or they’re saying if we go back to trial. We reserve the right to place the death penalty. come back again,” Harris told the news agency. “They seem to be hesitant that if the judge orders a new trial. They can bring the death penalty back on the table.”
“The truth of the matter is that they have determined that… the handwriting is stuck on the wall. And if we go back to trial We will prove Scott’s innocence,” he added.
Harris said he was able to prove to the court that a burglary nearby on the day Laci Peterson disappeared in 2002 could cast doubt on whether her husband was responsible for her death.
The Hill contacted the Stanislaus County District Attorney’s Office for comment.