ESCAPES DEATH ROW
IN A BOMBSHELL DECISION, THE CONVICTED KILLER GETS A SECOND CHANCE
After 15 years on death row, Scott Peterson is a step closer to being free. On Aug. 24, the California Supreme Court overturned the death penalty sentence for the Modesto, Calif., fertilizer salesman, who was found guilty of murdering his pregnant 27-year-old wife, Laci, and their unborn child on Christmas Eve 2002. “The trial court made a series of clear and significant errors in jury selection that, under long-standing United States Supreme Court precedent, undermined Peterson’s right to an impartial jury at the penalty phase,” read the ruling, adding that while the court upheld his murder conviction, “On remand, the People may retry the penalty phase if they so choose.”
Against all odds, Scott, who has always maintained his innocence, is getting a second chance — and one of the most sensational murder trials in history could begin again. “We are grateful for the court’s unanimous recognition that if the state wishes to put someone to death, it must proceed to trial only with a fairly
The question for prosecutors now is whether they can prove Mr. Peterson is culpable for this crime to even a single juror seated through a fair jury selection process.” The courtroom victory is just the beginning for the 47-year-old San Quentin State Prison inmate, who also has another appeal pending. As Mark Geragos, one of the attorneys who represented him during his initial trial, tweeted, “Halfway there.”
What’s the next step? “The remedy generally in this situation is to allow either a new trial, or to reduce the sentence or have the case heard in another jurisdiction,” explains Beverly Hills legal analyst Jeffrey W. Steinberger. And prosecutors were still deciding whether to try to seek the death penalty or commute the sentence to life without the possibility of parole. “We are reviewing the decision and will discuss with the victim’s family,” said John Goold, spokesperson with the Stanislaus County, Calif., District Attorney’s Office.
NEW EVIDENCE
In the meantime, Scott awaits another ruling on a separate appeal, court s review of the new forensic and eyewitness evidence of innocence presented,” says Gardner. And Scott has been swearing for years that the real killer is still out there. “There were many witnesses that saw [Laci] walking in the neighborhood after I left,” he insisted in 2017.
These are just “wild conspiracy theories,” insists a source close to her family, noting overwhelming proof of Scott’s guilt. Days after Laci — who was eight months pregnant with their son, Conner — disappeared, police learned Scott was having an affair with massage therapist Amber Frey and that he’d told her his wife was dead. When Scott was arrested in April 2003, he’d dyed his hair blond and had nearly $15,000 in cash, his brother’s ID and four cellphones on him, leading cops to believe he was set to flee.
Laci’s family thought the whole nightmare was over. “They’re devastated by this new outcome, mostly because it brings back the loss of Laci, horrific memories and opens up all these wounds,” says a source. “The thought that Scott could get a new trial — or potentially go free — is horrifying.” ◼