California Prosecutors to Seek Death Penalty Again for Scott Peterson

By Mary Anne R. First Posted: Oct 23, 2020 09:00 PM EDT

California prosecutors said they would try again to seek a death penalty for Scott Peterson.

This, despite a county judge eyeing of throwing out Peterson's conviction for murdering his pregnant wife because of juror misconduct during the trial in 2005.

Stanislaus County Assistant District Attorney Dave Harris announced Friday the intent of California prosecutors. However, according to an AP News report, spokesman John Goold said prosecutors would not comment or discuss the decision.

On Friday, Peterson appeared remotely in the Modesto courtroom from San Quentin State Prison. He was seen to be wearing a buzz haircut and a mask to curb the spread of the coronavirus.

District Attorney Birgit Fladager made the initiative after the state's high court reversed its decision on Peterson's 2005 death penalty.

The California Supreme Court reversed the ruling in August and since held to that decision. This month, the same justices rule a new hearing in San Mateo County Superior Court to review whether Peterson's underlying murder sentencing should also be overturned.

Peterson's defense attorney Pat Harris said his client is innocent and has been sitting in jail for 15 years, adding that it is time to get him out. Harris was also part of Peterson's trial team with celebrity attorney Mark Geragos.

Peterson's sister-in-law, Janey Peterson, said the family looks forward to Peterson's new day in court. Janey said they still need justice for Laci, Conor, and also for Peterson. She noted that they do still not get justice for Laci with Peterson on death row as he is innocent.

Amber Frey's attorney, Gloria Allred, said she was glad to learn that Peterson's case would be retried, according to a Fox News report. Frey is the massage therapist who dated Peterson a month before his wife's death.

Allred wrote in a statement that it is vital that a jury have a chance to decide if Peterson should be penalized with a death sentence for murdering his wife and unborn son.

She noted that justice must be done, adding that Peterson deserves a fair trial, but the victims deserve that as well.

Court Date

Peterson agreed to schedule the next court date on Nov. 6, appearing before Judge Nancy A. Leo. Peterson will hear the arguments about his convictions in San Mateo County Superior Court.

Last week, California's high court ordered the lower court to review Peterson's murder convictions as a juror did not disclose involvement in other legal proceedings.

The court said last Wednesday that Juror No. 7 did prejudicial misconduct by not disclosing her earlier involvement with other legal proceedings.

When CNN reporters asked Juror No. 7, Richelle Nice, to comment on the phone, Nice declined to make any comments.

Stanislaus prosecutors sued Peterson with double homicide in 2003. The case was later moved to San Mateo County, several miles away from Peterson's Central Valley home in Modesto. Peterson has since maintained his innocence.