Although a judge is still considering whether to throw out Peterson’s murder convictions due to juror misconduct, Stanislaus County Assistant District Attorney Dave Harris announced in court that prosecutors will retry the penalty phase of Peterson’s case, which was thrown out earlier this year by the state Supreme Court.
Peterson appeared via video at the hearing, from San Quentin prison, and listened mostly while scheduling and procedural issues took place. He agreed to schedule his next court date for November 6, which gives him time to consult with his lawyer on whether to put off the penalty phase trial until the judge decides whether or not to throw out his conviction.
