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Scott Peterson Appeals Death Sentence to State Supreme Court

The Death Row inmate who was sentenced for execution in the murder of his wife and daughter seeks to overturn his conviction.

 

From the Bay City News:

 

Death row inmate Scott Peterson, who was sentenced to be executed for murdering his wife and unborn son 10 years ago, has asked the California Supreme Court in San Francisco to overturn his conviction.

Lawyers for Peterson, 39, of Modesto, filed the appeal Thursday in the first step in the lengthy death penalty appeals process in California.

If Peterson loses in the state high court, he can continue appeals in the federal court system.

Prosecutors claimed Peterson, a fertilizer salesman, suffocated his pregnant wife, Laci, in Stanislaus County sometime in the night of Dec. 23-24, 2002, drove her body in his truck to the Berkeley Marina and dumped it from his fishing boat into San Francisco Bay.

Remains of Laci Peterson and the couple's fetus were found on the shore of the Bay four months later.

Peterson's trial was moved to San Mateo County Superior Court in a bid to avoid having the jury prejudiced by pretrial publicity.

A San Mateo County jury convicted Peterson and recommended a death sentence in 2004 and Superior Court Judge Alfred Delucchi sentenced him to that penalty in 2005.

A key argument in Peterson's appeal is that even though the trial was moved 90 miles from Stanislaus County, a "media frenzy" was rampant in San Mateo County as well and denied Peterson a fair trial.

His attorneys wrote, "San Mateo County was saturated with publicity about the case including print media, radio coverage, network television and cable.

"This publicity, some of which was plainly inflammatory, continued unabated from the time of the crime itself until the time of trial.

"It made a fair trial impossible by creating a belief in Mr. Peterson's guilt," the attorneys wrote.

The appeal brief also alleges numerous errors in evidentiary rulings made during the trial.

A date for a hearing on the appeal has not yet been set.

 

Copyright © 2012 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

 

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Janette Brown September 08, 2012 at 03:56 PM
Doug ....I have written to the editor of the patch on your using my husbands name in a comment above ...I have no idea how you got his name or who you are but if they do not take action I will be contacting my local police....I have no idea who you are or how you got my husbands name..You should not be using family names on here anyway ....I feel threatened and something will be done on this either by the patch or the police to insure my families safety.
Doug Strickland September 08, 2012 at 04:14 PM
I have no idea what you're talking about Janet. I made a comment about your comparing people to pit bulls, and that you want to deny someone that seems guilty to most reasonable people his rights to due process. That has nothing to do with your husband, whom I don't know, nor did I make a threat to. That typing "Michael?m" was something my iPad did and I was unable to edit my posting once it went up. Lastly, there,s probably several things "wrong" with me, but at least I"m not here asking everyone what's wrong with them...
Doug Strickland September 08, 2012 at 04:27 PM
I agree. It's times like these that really test my beliefs in the death penalty. The first thought, given Peterson's alleged wealth, would be to have him pay for the court costs. I fear that's a slippery slope though, and not what the 5th and 14th Amendments had in their hearts. I suppose - bottom line - that this is part of the price we pay for a free society.
Janette Brown September 08, 2012 at 05:04 PM
Yeah sure Doug .....blame your I pad for just so happening to use my husbands name! You are acting creepy and I want you to leave me alone on here I do feel threatened and I will take action....got it !
Carlos Villatoro September 08, 2012 at 07:26 PM
Hi Guys, just weighing in on the discussion. Let's try to remember to be respectful of everyone having the discussion and not use profanity or personal attacks. Let's keep the discussion focused on the story, not on the people having the discussion. Thanks.
Janette Brown September 08, 2012 at 09:23 PM
I think we are doing ok expect for Doug....Carlos are you with Patch? If not then please refrain making judgements ....thanks
Carlos Villatoro September 08, 2012 at 09:42 PM
Jannette, I am the Associate Regional Editor for Patch.com Sonoma. Feel free to contact me directly at carlos.villatoro@patch.com if you want to talk further. Thanks.
Ryan September 11, 2012 at 01:36 AM
Whether he is guilty or not, he didn't forfill his responsibility as a husband and an upcoming father to protect his family. This douche bag was running around and chasing a girl while his wife and soon to be born daughter were missing. " Don't pray for easier lives, pray to be stronger men." JFK
Dana Cox September 12, 2012 at 09:56 PM
I think that he should be murdered the way laci and connor were. I don't think he should even be compared to a pitbull, thats to nice of a comment even for him and anyone that thinks that he deserves appeals well where is the appeals laci and connors
Dana Cox September 12, 2012 at 10:01 PM
Connor both deserved for their lives. He never gave them one. They didn't have a jury he did and they
Dana Cox September 12, 2012 at 10:02 PM
Found him guilty so why waste the money to house him.
Bill Taylor September 13, 2012 at 01:39 AM
If your wife goes missing , there's no evidence he killed her , how can he be sentenced to death and convicted , just because he had a girlfriend means he's guilty ??? there's millions of husbands that cheat and have girlfriends . But that don't mean there killers if there wife ends up missing
Bill Taylor September 13, 2012 at 01:42 AM
If there's blood and DNA evidence he killed her or a witness that he killed her , than he should get the death penalty I agree . I don't think there was any evidence like that ..
John sink September 27, 2012 at 10:35 PM
It's all circumstantial evidence. Casey Anthony kills her baby girl and gets off but he doesn't. I do believe both are guilty but if she is let go because "not enough evidence" then so should Scott if that's how we are playing. Truth is BOTH should get the needle.
Misti October 14, 2012 at 03:22 AM
I agree with you 100% Janette! Hang him and let him rot!
Misti October 14, 2012 at 03:25 AM
He was PROVEN Guilty!
kelly November 03, 2012 at 05:07 PM
He is guilty, casey anthony is guilty and I think they should both be put to death...drawing out these long appeals are expensive and ridiculous! ! Set a date and be done with it...maybe if our laws were not so wishy washy...and punishment for crimes were carried out asap...then we wouldnt have near as many psychos running around killing innocent people just because they had a bad day!
Doug Strickland November 03, 2012 at 08:41 PM
Thankfully it looks like Prop 34 is going to pass, making the issue moot. Regardless of Mr. Petersons situation, the government should not be in the business of killing people. The government has a rather crappy history of decision making.
Britney November 04, 2012 at 01:47 AM
Did you look at the facts of this case...or the LACK of them? It makes zero sense to me.... an appeal is in order for this case if there ever has been one granted. He probably killed her....at this time...not sure...not sure why...or how...but he cheated on her so he must be a killer.... WTF.... I'm looking forward to the new trial.
jackielaker November 26, 2012 at 05:34 AM
Oh just a coencidence he told amber he lost his wife and this would be his first christmas without her ??? RIGHT !
Rodney Robinson December 23, 2012 at 07:16 PM
One thing no one is pointing out is aAlthough he is probably guilty, you can't give the death penalty with no proven cause of death. Life in prison yes, but not the death penalty. I am a proponent of the death penalty, but the medical examiner say cause of death is inconclusive.
LRP January 19, 2013 at 06:33 PM
It's all about money and who you can pay off!
Daniel Carr January 19, 2013 at 07:33 PM
I agree Garnet. 10 days and done. Give them time to visit with family and flip the switch. The family is not to blame so I think they should be given a chance to express their feelings to family member. But our economy is bad and we should't waste it for year on a person to get 3reggie meals a day and not have to work for it. I see people who are not murderers struggle and stand on corners to beg for what the convict gets for free.
Henry Daigle January 20, 2013 at 05:23 AM
We are responsible. We elect people to represent us to pass laws to protect us even from ourselves. If we want the laws they pass changed we need to either have them change it or change who is writing the laws. We must obey the law. We must honor the rights they provide without prejudice of personal opinion. He has the right to appeal under the current law. While I am sympathetic and empathetic to views and opinion expressed, we must honor the law we have chosen to apply and apply it fairly and evenly to all.
Julia Maria Mathews February 09, 2013 at 03:50 PM
After reading all the evidence or shall I say the lack of it, I believe this man is innocent and I truly believe that there is something terribly wrong about this case and there's a missing link somewhere.
paula February 14, 2013 at 04:04 PM
The more u read about the case it is obvious he did he told several people his wife was 'lost' b4 she disappeared, he made 5 anchors in his workshop only 1 eas found on boat, his mother was caught on tape telling him to 'deny everything' etc etc etc, sure having an affair doesn't make u a murderer but everyone involved in the case did a great job and now he's where he belongs, so sad to murder to try and maintain his lifestyle, someday the guilt will set in and he will hav a long time to burn.....
D Workman February 16, 2013 at 07:21 AM
I pray for all involved. Its so easy to pass judgement. He made himself look awful, no doubt about that. However, who are we to say what we would do in a situation we have never been in?! I am an opponent of the death penalty. I do not think we should "play God". Humans have done this from the beginning of time and its always produced bad results. Without a witness or a confession, no one truly knows. I wouldnt want that on my conscience! I feel deeply for all. The media and the law can and will do and say whatever it takes to start a frenzy and to find a perp. Even if its the wrong person (not saying he is or isnt) - society feels "safe". There are an awful lot of innocent lives destroyed by tragedy. At times, the innocent extends to the accused. Whatever Mr Peterson did or didnt do, he must live with it in his heart. If he did do it, he may be "alive" but hes dieing inside. The media and blood thirsty society are giving our motto "innocent until PROVEN guilty" a 180°. PROOF would go back to a witness or a confession.
Devin Smith February 18, 2013 at 05:08 PM
He's guilty there was a lot of evidence to prove that he was I was like 9 when he did this horrible murder to Laci and Conner RIP I did my research but there is a chance that he could be innocent but I think he's guilty small chance he's innocent.
Devin Smith February 18, 2013 at 05:09 PM
But he needs to be executed soon!
luv4parrots March 12, 2013 at 02:17 AM
If we are going to have a death penalty, there needs to be a better way of dealing with it. The tax payers are forced to foot the bill on lengthy appeal processes that go and on for years. I myself, do not support legal killing of anyone. However, if society has voted and agreed to it, then it must also find a more humane and faster resolution to deal with matters. Having followed the Peterson case from the beginning, I hoped and prayed that he was not the one responsible for the deaths of his wife and son, but the evidence was overwhelming, even if you do not look at his adulterous behavior. Personally, I think that he should rot in solitaire for life, without any human contact other than to receive his meals. Laci and Connor were not given a trial, judge or jury and they certainly cannot appeal their sentence that was carried out by the one man that should have protected them instead of killing them. Lock him away and throw away the key! Wipe his name from this planet and let Laci and Connor rest in peace.

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