SACRAMENTO, Calif. — A California district attorney said in a court filed Friday that she would not make a new death apology against Scott Peterson, who was convicted in 2005 for the murder of his pregnant wife.
The Stanislaus County District Attorney’s Office said it would cancel efforts to restore the punishment the state Supreme Court threw off last year. The DA said the decision was made in consultation with Laci Peterson’s family.
California judge decides death sentence can’t stand Because a potential jury was eliminated after saying it disagreed with the death penalty.
The family “without a doubt”; Peterson killed his wife Connor and his unborn son. and deserves the death penalty but did not want to pursue that punishment because “The process was too painful to bear again,” District Attorney Birgit Fladager said of her. filed with the San Mateo Superior Court
Peterson, now 48, was convicted in San Mateo Court after his trial was transferred from Stanislaus County. Due to the massive pre-trial publicity following the disappearance of Lazi, 27, who was eight months pregnant on Christmas Eve 2002.
The investigator said Peterson took the bodies from Modesto’s home and dumped them from his fishing boat into the San Francisco Bay, where they surfaced months later.
Peterson maintains his innocence. And the judge is considering whether to give a new trial because the jury failed to reveal she had sought a restraining order in 2000 against her boyfriend’s ex-girlfriend. She said that in pursuit of the command she feared for her unborn child. The judge must determine whether the act constitutes jury misconduct. and if so How much will the new ruling be biased insurance?
If no new trial He will be sentenced to life in prison.
One of Peterson’s lawyers said the announcement was not the start of a plea agreement. And his client will ask for a new trial if a judge decides that his first case was corrupted by jury misconduct.
chief court judge Anne-Christine Massullo said she hopes to decide this year whether Peterson deserves a new trial.
It is unclear whether prosecutors can make further death sentences. If there is a new trial And he was found guilty again, said Pat Harris, the defense attorney in charge of the death penalty in the case.
Another attorney, Andras Farkas, is representing Peterson on whether he will receive a new trial. Farkas did not respond to emails requesting comment.
“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 said. “They seem to hesitate if the judge orders a new trial. They can bring the death penalty back on the table.”
That could clarify what should be the proceedings at Tuesday’s hearing, he said.
The District Attorney’s Office did not comment.
Harris noted that prosecutors had previously said the family was re-supporting the death penalty search. and argued that their new move was a gimmick to avoid airing new cases.
“The truth of the matter is that they have judged… that the handwriting is stuck on the wall. And if we go back to trial We will prove Scott’s innocence,” he said.
He said he could prove there had been a burglary nearby on the day Peterson disappeared. This helped the defense argue that someone else had killed her when she stumbled upon a crime.
If the prosecutor has to take action in a new penalty They will have to re-examine the entire case before a new jury can be held. so that new evidence will come out even if the jury is not acquitted of him. and can only recommend the death penalty or life imprisonment, he said.
“The truth will emerge Most importantly, people will know what happened,” even though he has not received a new trial for his guilt or innocence, Harris said.
Scott Peterson’s family and supporters argued in a Facebook post that Harris’ request last week for evidence in prosecutors’ hands spurred their decision.
“We’re grateful that Stanislaus County doesn’t want to kill Scott anymore, it’s the #Time4aNewTrial,” the post said.