CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*

Discussion in 'Trials' started by Emi, Oct 23, 2020.

  1. watergirl62

    watergirl62 .

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    During Friday’s hearing at the San Mateo County courthouse, Superior Court Judge Anne-Christine Massullo said, if Peterson’s habeas corpus petition is strong enough to merit a retrial, she will announce her decision on August 25. If she’s not convinced based on the court filings, she will request an evidentiary hearing that will include new witnesses testifying.

    Scott Peterson feeling anxious waiting for retrial decision | KRON4
     
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  2. RANCH

    RANCH Well-Known Member

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    Juror in Scott Peterson trial didn’t disclose being a victim

    LOS ANGELES (AP) — A woman who eagerly sought to be a juror in the murder trial of Scott Peterson and who voted to sentence him to death committed misconduct by not disclosing she had been a crime victim, defense attorneys said Friday in their bid for a new trial.

    Juror in Scott Peterson trial didn't disclose being a victim
     
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  3. MsBetsy

    MsBetsy Well-Known Member

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    They already know she had a restraining order when she was pregnant (after being beaten by her ex.)

    They need to prove that she deliberately kept that information from the court in order to be selected as a juror. They are claiming that she was biased and determined to put Peterson in prison.

    I'm pretty sure that is the main reason they are claiming juror misconduct. They also have letters written by the juror to Peterson while he was in prison that they intend to produce as evidence. Also, comments from a 'potential' juror on SM that she was trying to fool the lawyers and wanted to see Peterson fry. (Not the same person) Imo
     
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  4. Niner

    Niner Long time Websleuther

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    I got an alert - but can't read it as you have to sign in at the Modesto Bee.

    'Facts in dispute': Hearing ordered for juror misconduct claim in Scott Peterson case
    Modesto Bee
    The judge in Scott Peterson's case has ordered an evidentiary hearing to determine if juror misconduct occurred during his 2004 trial, saying “material ...


    It looks like the judge has ordered an evidentiary hearing, but I can not access either the Stanislaus or San Mateo Counties court site - and I don't have a name next to my notes on "who" I go to.

    Anyone??

    I know he has a Case management hearing on 8/25.

    TIA if someone can find out "when" this evidentiary hearing might be held.
     
  5. watergirl62

    watergirl62 .

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    @Niner
    A non-linkable source (a DP news blog) says that Judge Massullo expects to set the date for the evidentiary hearing during the 8/25 status hearing.
     
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  6. Niner

    Niner Long time Websleuther

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    Okay - thanks a bunch! :)

    edited to add - I have her name as Massuno - ??
     
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  7. watergirl62

    watergirl62 .

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  8. Niner

    Niner Long time Websleuther

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  9. Niner

    Niner Long time Websleuther

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    I'll shorten this up a bit.

    Wednesday, August 25th:
    *Case Management Hearing via Zoom (Stanislaus & San Mateo County) (@ am PT) – CA – Laci Denise Peterson (27) & Connor (unborn) (missing Dec. 24, 2002, Modesto; found April 13, 2003 in the San Francisco Bay) - *Scott Lee Peterson (30 @ time of crime/now 47) convicted & found guilty (11/12/04) of 1st degree murder (Laci) & 2nd degree murder(son) & sentenced (3/16/05) to the death penalty.
    He was found guilty on 11/12/04 of the 1st degree murder of his pregnant wife, Laci, & the 2nd degree murder of their unborn son, Connor, & in 2005, he was sentenced to death by lethal injection. His case is currently on automatic appeal to the Supreme Court of California. Sits on San Quentin's death row. Calif. Supreme Court denied a new trial in the guilt phase but reversed the death penalty sentence for Stanislaus County. Also the San Mateo Superior Court will now consider whether there was jury misconduct. Stanislaus County district attorney’s office said it won’t seek the death penalty if there is a new trial.
    Court info from 5/14/20 thru 5/18/21 reference post #173 here:
    CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*

    5/28/21 Update: Stanislaus County DA office said it won’t seek a new death sentence against Peterson. They said it would drop efforts to restore the penalty thrown out last year by the State Supreme Court. The Defendant petitioned the U.S. Supreme Court, asking that Court to find his conviction invalid & that Court denied his petition,” prosecutors wrote on Friday while recapping the litigation. “In this appeal, the highest courts of this State & the U.S. have now settled the question of the defendant’s guilt, leaving only the question of his punishment”. The California Supreme Court indicated the People may retry the penalty phase if they so choose.
    6/18/21 Update: Stanislaus County District Attorney Birgit Fladager said during a hearing on 6/18/21 for Peterson in San Mateo Superior Court that Peterson should be sentenced so that Laci's family can make victim impact statements & he can be taken off death row. The family has indicated that they likely will make statements. Chief Deputy DA Dave Harris originally said the office would retry the penalty phase, but in late May Fladager filed notice saying she no longer will pursue the death penalty. But there remains the matter of his petition for habeas corpus, which is part of Peterson's appeal & could get him a new trial. His attorney Pat Harris said Peterson shouldn't be sentenced until there is a ruling in that matter. Judge Anne Christine Massullo said she would instruct the San Mateo County Probation Dept. to begin preparing a report for Peterson's sentencing but set a hearing for 8/25/21 to revisit the issue. She said by then, based on deadlines established for the habeas, she will have a better idea of whether Peterson will get a new trial. Judge: if Peterson’s habeas corpus petition is strong enough to merit a retrial, she will announce her decision on August 25. If she’s not convinced based on the court filings, she will request an evidentiary hearing that will include new witnesses testifying. The judge told Harris that he should think about bringing Scott Peterson to the next hearing in-person.
    7/13/21 Update: The judge in Peterson's case has ordered an evidentiary hearing to determine if juror misconduct occurred during his 2004 trial. Judge Massullo expects to set the date for the evidentiary hearing during the 8/25/21 status hearing.
     
  10. imstilla.grandma

    imstilla.grandma Believer of Miracles

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    In 2004, a jury sentenced Peterson to death for the murders of Laci and Conner. In August 2020, however, the death sentence was overturned by the California Supreme Court. In a separate opinion handed down two months later, the state court ordered the lower court to review allegations of juror misconduct.

    The juror misconduct that could get Peterson a new trial pertains to a juror from Peterson’s 2004 double-murder trial named Richelle Nice. According to the Modesto Bee, appeal attorneys claim Nice lied about being the victim of a crime so she’d get picked to serve on the jury, and had been determined to convict Peterson. Judge Massullo’s decision hinges on whether she rules that Nice committed juror misconduct.

    If Judge Massullo decides that Peterson’s habeas corpus petition is strong enough to merit a retrial for Peterson, she will announce it at the hearing. If not, she will schedule an evidentiary hearing during which new witnesses will testify.
    Scott Peterson awaits retrial decision - Court TV
     
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  11. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

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    Will convicted murderer Scott Peterson get a new trial?

    Serving life in prison for the 2002 murder of his pregnant wife, Laci, and their unborn son, Scott Peterson has a new hearing Wednesday where his legal team will continue fighting for a new trial. NBC’s Natalie Morales sat down with Peterson’s sister-in-law, who has been leading the charge to prove he’s innocent.
     
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  12. jash

    jash Well-Known Member

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  13. BetteDavisEyes

    BetteDavisEyes Fasten your seatbelts...

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    Scott Peterson, convicted of killing pregnant wife, is one step closer in push for new trial (nbcnews.com)

    A California judge said Wednesday she anticipates a two-week hearing early next year to consider if juror misconduct was so significant that it denied Peterson a fair trial.

    SACRAMENTO, Calif. — A California judge said Wednesday that she anticipates a two-week hearing early next year before she decides if Scott Peterson deserves a new trial in the 2002 death of his pregnant wife.

    That’s more than a year after the California Supreme Court ordered Superior Court Judge Anne-Christine Massullo to consider if juror misconduct was so significant that it denied him a fair trial.

    Massullo is expected to hear testimony from juror Richelle Nice, who is at the center of the dispute and has denied that she was influenced by her own background of domestic abuse. Nice is identified in court papers as Juror 7. But she co-authored a book about the case with six other jurors...
     
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  14. Niner

    Niner Long time Websleuther

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    Since I will be gone from 9/22 to 9/23 - I am posting this earlier. I will be back on 9/24 Friday morning to catch up with any updates.

    Wednesday, Sept. 22nd:
    *Evidentiary Hearing via Zoom (Stanislaus & San Mateo County) (@ 10am PT) – CA – Laci Denise Peterson (27) & Connor (unborn) (missing Dec. 24, 2002, Modesto; found April 13, 2003 in the San Francisco Bay) - *Scott Lee Peterson (30 @ time of crime/now 47) convicted & found guilty (11/12/04) of 1st degree murder (Laci) & 2nd degree murder(son) & sentenced (3/16/05) to the death penalty.
    He was found guilty on 11/12/04 of the 1st degree murder of his pregnant wife, Laci, & the 2nd degree murder of their unborn son, Connor, & in 2005, he was sentenced to death by lethal injection. His case is currently on automatic appeal to the Supreme Court of California. Sits on San Quentin's death row. Calif. Supreme Court denied a new trial in the guilt phase but reversed the death penalty sentence for Stanislaus County. Also the San Mateo Superior Court will now consider whether there was jury misconduct. Stanislaus County district attorney’s office said it won’t seek the death penalty if there is a new trial.
    Court info from 5/14/20 thru 6/18/21 reference post #189 here:
    CA - District Attorney to retry Scott Peterson's Penalty Phase in Laci Peterson case, 2021 *Guilty*

    7/13/21 Update: The judge in Peterson's case has ordered an evidentiary hearing to determine if juror misconduct occurred during his 2004 trial. Judge Massullo expects to set the date for the evidentiary hearing during the 8/25/21 status hearing.
    8/25/21 Update: Peterson’s battle for a retrial took another step forward at Wednesday’s hearing. Peterson appeared via a Zoom audio feed from San Quentin State Prison, where he’s lived on death row for the past 16 years. Peterson’s two main attorneys, Pat Harris & Cliff Gardener, sparred off with Stanislaus County District Attorney Birgit Fladager over when & how an evidentiary hearing will take place. The evidentiary hearing will be make-or-break for Peterson, and it’s centered on the issue of juror misconduct. The defense team wants to present nearly-uncovered evidence, new witnesses & potential new suspects in court as soon as possible. New suspects were identified by a private investigator hired by Peterson’s family. Superior Court Judge Anne-Christine Massullo anticipates a two-week hearing early next year before she decides if Peterson deserves a new trial. Will consider if juror misconduct was so significant that it denied him a fair trial. Massullo is expected to hear testimony from juror Richelle Nice, who is at the center of the dispute & has denied that she was influenced by her own background of domestic abuse. Nice is identified in court papers as Juror 7. But she co-authored a book about the case with six other jurors. Massullo must decide if Nice committed “prejudicial misconduct” by failing to disclose that she had sought a restraining order in 2000 for fear that her boyfriend’s ex-girlfriend could harm Nice's own unborn child. Peterson’s next court date is an evidentiary hearing on 9/22/21 at 10am.
     
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  15. LinasK

    LinasK Verified insider- Mark Dribin case

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    Scott Peterson Will Be Re-Sentenced to Life in Prison After Death Sentence Was Overturned in 2020
    By Christine Pelisek
    September 22, 2021 05:11 PM
    A California judge ruled Wednesday that Scott Peterson needs to be re-sentenced for the 2002 murders of his wife, Laci, and their unborn son, Conner.

    Peterson has been without a sentence since 2020 when his death sentence was overturned. He is currently housed on San Quentin's death row.

    He is scheduled to be re-sentenced to life in prison without the possibility of parole in November, KRON4 reports. <snip>
    The California Supreme Court reversed Peterson's death penalty conviction in 2020, stating the trial judge "made a series of clear and significant errors in jury selection that, under long-standing United States Supreme Court precedent, undermined Peterson's right to an impartial jury at the penalty phase." <snip>However, the court decision did not overturn the murder conviction and it allowed the prosecutors to try again for the death penalty. The District Attorney's Office later said that it had no plans to retry the death penalty phase. More at link:
    Scott Peterson Will Be Re-Sentenced to Life in Prison After Death Sentence Was Overturned in 2020
     
  16. Speculaytor

    Speculaytor Well-Known Member

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    It is VERY frustrating to see people like Peterson and Avery play to the new public crowd, who doesn't know all the facts to their old cases, and makes decisions off headlines and mob mentality. I followed both cases closely, no doubt in my mind. However, younger people get hold of these cases, make documentaries and create doubt now that the case is old. How tragic for the families. Peterson got exactly what he deserved, so did Avery. The evidence was/is overwhelming.
     
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  17. LinasK

    LinasK Verified insider- Mark Dribin case

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    If that were really the case, why didn't Geragos have her stricken from the jury when it was selected???
     
  18. ohioexpat63

    ohioexpat63 Well-Known Member

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    Put him in GP. He won't last a year. Case closed.
     
  19. Niner

    Niner Long time Websleuther

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    Per article in post #195:

    His next court date is scheduled for October 10.

    Anyone reading here - can anyone access the San Mateo court site? I can't.... TIA if you can find the sentencing date in Nov.


    edited to add - it seems Oct. 10th is a Sunday??
     
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  20. Niner

    Niner Long time Websleuther

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    Ah - here's a different article with a different Oct. date.

    Judge plans to re-sentence Scott Peterson to life this fall

    Sept. 22, 2021
    REDWOOD CITY, Calif. —

    Scott Peterson, who spent more than 15 years on Death Row in the 2002 murders of his pregnant wife and unborn son, will be sentenced to life in prison this fall, a judge said Wednesday.

    Superior Court Judge Anne-Christine Massullo said she wants to sentence Peterson in November before deciding whether he deserves a new trial over alleged juror misconduct. She set an Oct. 6 hearing to set a date for resentencing him to a life term with no chance of parole.

    The California Supreme Court overturned Peterson’s death sentence last year because jurors who personally disagreed with the death penalty but were willing to impose it were improperly dismissed.
     
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