Scott Peterson’s quest to show his innocence within the infamous killing of his pregnant spouse and unborn son has been significantly narrowed.
A decide weighing proof in a last-ditch bid to exonerate Peterson within the killings dominated this week that one merchandise collected 20 years in the past in connection along with his homicide trial might be retested for DNA.
The Los Angeles Innocence Mission, a nonprofit authorized group with a status for exonerating wrongfully convicted criminals, is searching for to clear Peterson within the killings of Laci Peterson and their unborn son, Conner. Peterson’s new authorized group had requested for testing of greater than a dozen items of proof they are saying may level to different suspects within the slaying.
San Mateo County Choose Elizabeth M. Hill granted just one request for DNA testing, on a chunk of duct tape discovered with Peterson’s physique, which had been dumped within the San Francisco Bay.
New testing on a key piece of proof — a mattress recovered from a burned-out van utilized in a housebreaking close to the Petersons’ Modesto residence — was not granted.
The duct tape that can be examined is about 15 inches lengthy and was caught on the appropriate thigh of Laci Peterson’s pants. It was examined in 2013, however Hill dominated that technological advances for even smaller items of DNA might yield beforehand unobtainable outcomes.
In keeping with Peterson’s attorneys, “a piece of the duct tape that was folded over onto itself underwent DNA testing and the presence of human DNA was discovered, however no DNA profile might be obtained.”
Peterson listened to the listening to from Mull Creek State Jail. Now 51, he was convicted in 2004 and initially sentenced to demise within the murders, however that sentence was overturned and he’s now serving life with out parole.
Laci Peterson vanished on Christmas Eve 2002 from their Modesto residence. She was eight months pregnant on the time with the couple’s first youngster.
In April 2003, her physique and that of the infant — his umbilical wire nonetheless connected — washed up on a rocky shore in San Francisco Bay. A girl strolling her canine had discovered the stays a couple of miles from the place Scott Peterson had advised police he had been fishing when his spouse disappeared. 4 days later, Peterson was arrested for homicide.
Key to the Innocence Mission’s efforts in retesting proof within the Peterson case is a stolen van that was set on hearth on Dec. 25, 2002, in Modesto, a day after a housebreaking close to the Petersons’ residence. Contained in the van was a mattress with what one investigator mentioned seemed to be bloodstains.
The Innocence Mission alleges that it has proof from the proprietor of the van — which was discovered a mile from the Petersons’ residence — exhibiting it didn’t have a mattress inside earlier than it was stolen.
Prosecutor David Harris mentioned Peterson’s group was searching for a “do-over” and that it was not truthful to the sufferer’s household, who’ve been traumatized. He argued that testing confirmed no blood on the mattress and the protection lacked any “precise proof.”
On Wednesday, Hill agreed with prosecutors in denying testing of the mattress and 12 different gadgets submitted by the Innocence Mission. The decide dominated that the mattress didn’t present indicators of blood when it was examined in 2019. She additionally rejected testing for a hammer and a piece glove recovered from a housebreaking close to the Peterson residence, in addition to the contents of a Goal bag discovered close to Laci Peterson’s physique and a black tarp.
Paula Mitchell, govt director of the Innocence Mission, advised the decide that Peterson’s 2004 conviction was based mostly totally on circumstantial proof — with no homicide weapon, no witnesses and no dedication of the trigger, time or date of demise.
She argued that new know-how may yield DNA proof, calling the testing “a no brainer on this case.”
Hill has scheduled a listening to for July to find out precisely how the DNA examination can be carried out on the duct tape.
