The Reporter (Vacaville)

Judge to resentence Scott Peterson in December to life term

- By Don Thompson

SACRAMENTO >> A California judge said Wednesday that she plans to resentence Scott Peterson to life in prison Dec. 8 while she separately considers whether he receives a new trial in the 2002 murders of his pregnant wife and unborn son.

Peterson was sentenced to death in 2005 and has spent more than 15 years on death row, but the California Supreme Court tossed out his sentence last year and prosecutor­s say they won’t again seek to have him executed.

“This is no longer a death penalty case,” Stanislaus County District Attorney Birgit Fladager reiterated during Wednesday’s brief hearing. “There is no way in the world this is anything other than a life without parole case.”

She expects the resentenci­ng hearing to last no longer than two hours, with brief statements from family members of 27-year-old Laci Peterson, who was eight months pregnant at the time of her killing.

Peterson has been appearing at the hearings through a remote link from San Quentin State Prison, home to California’s death row, but will be present in person for his resentenci­ng.

The high court ruled last year that jurors who personally disagreed with the death penalty but were willing to impose it were improperly dismissed.

It separately ordered Superior Court Judge AnneChrist­ine Massullo to decide if Peterson must receive an entirely new trial because of juror misconduct.

That in turn has complicate­d who should represent him, and the timing of the retrial decision. Defense

attorneys who work for the Habeas Corpus attorneys may no longer be able to represent Peterson because by law they can only be involved in death penalty cases.

One of Peterson’s attorneys, Pat Harris, told Massullo that removing those attorneys could mean delaying the retrial decision “for what could be a substantia­l amount of time ... maybe even a year or more for new counsel to get up to date. That obviously causes us a great deal of concern.”

Harris instead proposed holding the retrial hearing in mid-November, before Peterson’s resentenci­ng date.

Massullo plans to consider the timing and who should represent Peterson during a hearing later this month.

Peterson’s lawyers contend the woman known as Juror 7 falsely answered questions during the selection process as she sought to join the jury. She later coauthored a book on the case.

Supreme Court justices said there was considerab­le circumstan­tial evidence incriminat­ing Peterson in the first-degree murder of his wife and the second-degree murder of the boy they planned to name Connor.

 ?? CALIFORNIA DEPARTMENT OF CORRECTION­S AND REHABILITA­TION ?? Superior Court Judge Anne-Christine Massullo said Wednesday that she plans to resentence Scott Peterson, pictured, to life in prison on Dec. 8.
CALIFORNIA DEPARTMENT OF CORRECTION­S AND REHABILITA­TION Superior Court Judge Anne-Christine Massullo said Wednesday that she plans to resentence Scott Peterson, pictured, to life in prison on Dec. 8.

Newspapers in English

Newspapers from United States