Judge denies nearly all DNA testing requests from Scott Peterson's defense
ALL RIGHT, A LOT OF RED. ALL RIGHT. THANKS SO MUCH, BRIAN. HAPPENING IN JUST AN HOUR. ATTORNEYS FOR CONVICTED KILLER SCOTT PETERSON WILL BE BACK IN COURT AS THEY CONTINUE THEIR QUEST TO REOPEN HIS CASE. SO A JURY CONVICTED PETERSON NEARLY 20 YEARS AGO OF MURDERING HIS WIFE, LACI, AND THEIR UNBORN CHILD ON CHRISTMAS EVE IN 2002. KCRA 3’S MICHELLE BANDUR IS HEADED TO THE COURTROOM NOW AND JOINS US LIVE OVER THE PHONE. SO, MICHELLE, YOU’VE COVERED A NUMBER OF THESE HEARINGS. EXPLAIN HOW SCOTT PETERSON’S LAWYERS ARE TRYING TO PROVE HIS INNOCENCE TODAY. WELL, GOOD MORNING BRANDI. YES, WE JUST ARRIVED IN REDWOOD CITY AND WE ARE OUTSIDE THE SAN MATEO COUNTY COURT. COURT WILL START IN ABOUT AN HOUR. AND AS YOU SAID, YOU KNOW, WE’VE HAD A COUPLE HEARINGS BEFORE TODAY’S WHERE THEY’VE JUST BEEN PROCEDURAL HEARINGS GOING OVER SCHEDULES AND MOTIONS, BUT TODAY IS GOING TO BE A PRETTY A PRETTY IMPORTANT HEARING. THIS IS WHERE THE DEFENSE WITH THE LA INNOCENCE PROJECT TOOK UP HIS CASE. AND IN JANUARY. AND IT’S A DNA HEARING. BASICALLY THE DEFENSE IS TRYING TO GET CERTAIN ITEMS THAT WERE IN EVIDENCE 20 YEARS AGO TESTED FOR DNA OR RETESTED BECAUSE OF, YOU KNOW, TECHNOLOGY HAS CHANGED OVER THE PAST TWO DECADES. SO TODAY WE’RE GOING TO HEAR ABOUT THOSE ARGUMENTS AS TO WHY THE DEFENSE THINKS THESE PARTICULAR ITEMS ARE IMPORTANT. AND WHY THEY SHOULD BE TESTED. YOU KNOW, THIS IS ALL IN THE HOPES FOR SCOTT PETERSON. HE WANTS A NEW TRIAL. HE’S BEEN DECLARING HIS INNOCENCE THE WHOLE TIME. SO THIS IS JUST WOULD BE ONE STEP IN TRYING TO GET A NEW TRIAL FOR PETERSON. AND IT’S SOMETHING THAT I KNOW A LOT OF PEOPLE ARE FOLLOWING RIGHT NOW. IT’S A CASE THAT CAPTIVATED THE NATION WHEN IT INITIALLY HAPPENED. MICHELLE, ANYTHING PARTICULARLY THAT YOU HAVE NOTICED SINCE YOU’VE BEEN IN THESE HEARINGS BEFORE? WELL, WELL, LIKE YOU SAID, IT’S CAPTIVATED THE THE WORLD REALLY. AND THERE’S PRETTY MUCH MORE MEDIA HERE THAN THERE ARE COURTROOM OBSERVERS. UM, IN THERE IN THE COURTROOM, HE, SCOTT PETERSON HIMSELF IS SERVING A LIFE SENTENCE AT THE MULE CREEK STATE PRISON, AND HE’S APPEARING VIRTUALLY BY ZOOM. SO HE’S HE’S POLITE, YOU KNOW, HE RESPONDS TO THE JUDGE’S QUESTIONS, AND HE APPEARS AS THOUGH HE’S LISTENING ATTENTIVELY TO THE PROCEEDING. BUT YEAH, I THINK TODAY IS THE ONE WE’RE REALLY GOING TO WANT TO WATCH, BECAUSE THIS IS TALKING ABOUT, YOU KNOW, CERTAIN EVIDENCE THAT WAS FOUND AND WONDERING IF THEY WOULD FIND LACI PETERSON’S DNA ON ANY OF THESE, ANY OF THIS, THESE ITEMS, SUCH AS, YOU KNOW, THERE WAS A TARP FOUND IN THE BAY ABOUT 20FT SOUTH OF WHERE LACI’S REMAINS WERE FOUND. UM, THE THE DEFENSE WANTS A PLASTIC BAG THAT WAS ALSO FOUND IN THE BAY AREA WHERE HER REMAINS AND CONNER’S REMAINS WERE FOUND. THEY WANT THAT TESTED. THERE’S ALSO QUESTIONS ABOUT THIS BURNED OUT VAN THAT WAS FOUND MODESTO NEIGHBORHOOD AND A BLOOD STAINED MATTRESS. THEY WANT TESTING DONE ON THAT. YOU KNOW, THEY’RE THEY’RE ALL SAYING THAT THEY BELIEVE LACI WAS THE DEFENSE IS SAYING LACI WAS ALIVE WHEN SCOTT PETERSON WENT FISHING THAT CHRISTMAS EVE MORNING. AND THEY BELIEVE, YOU KNOW, THIS IS ALL CONNECTED, OF COURSE, AND WANT THAT TESTING DONE SO THEY CAN GET THAT NEW, NEW TRIAL FORUM ALL RIGHT, MICHELLE, WE KNOW THAT YOU WILL CONTINUE TO COVERING THIS FOR US. AND FOLKS AT HOME. MICHELLE WILL BE IN COURT ALL MORNING. SHE’LL HAVE UPDATES BOTH ON AIR AND ON THE KCRA THREE APP FOR THE VERY LATEST SENT STRAIGHT TO YOUR PHONE. EVEN WHEN WE’RE NOT LIVE ON AIR, YOU CAN DOWNLOAD TH
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Judge denies nearly all DNA testing requests from Scott Peterson's defense
A California judge ruled against all but one DNA testing request from Scott Peterson's defense on Wednesday, as he continues his legal fight to clear his name of murder.A jury convicted Peterson nearly 20 years ago of murdering his wife Laci and their unborn son Conner on Christmas Eve in 2002. Peterson appeared virtually from the Mule Creek State Prison where he is serving a life sentence. A judge overturned Peterson’s death sentence in 2020. Peterson’s new team of lawyers with the LA Innocence Project requested that items gathered during the original murder investigation undergo DNA testing.Here's how the judge ruled on the DNA testing of these items:Denied testing what the defense called a "blood-stained" mattress found in a burned-out van near the Peterson’s Modesto home. The judge argued 2019 testing didn't show it was blood and there's no new technology that would change the results.Denied testing on a hammer and work glove found in a neighbor's home after a burglary.Denied testing on some of the items found in the San Francisco Bay, including a Target cement bag, duct tape from that bag, four packages of debris from the bag, duct tape from the Bay, a black tarp found 20 feet from where Laci’s remains were discovered and a black tarp found a month later.Denied testing for the twine found on the neck of Laci's fetus Conner.Granted testing on 15.5-inch long duct tape found on Laci's pants during the autopsy. The pants were tested in 2013 but the judge said new advanced testing is available.See photos of these items below: A hearing has been scheduled for July to address any outstanding disputes regarding the identity of the DNA testing lab and who ]will pay for the DNA testing.None of Peterson's wanted to comment after the judge's split decision.What happened in court earlierDuring the motions hearing on Wednesday, LA Innocence Project lead attorney Paula Mitchell spent the first 90 minutes discussing why the judge should allow the items for DNA testing or retesting.She argued that new technology could determine whose blood was on the mattress that was recovered and if Laci was present in the back of the van. The items in the Bay could also be tested to see if they match the items in the van.Mitchell also argued that the prosecution's case was based entirely on circ*mstantial evidence with no murder weapon, witnesses to the murder or determination of Laci's cause, time and date of death."This is an exercise in the search for the truth," Mitchell said. "We are trying to figure out what happened in this case."The prosecution has argued there is no need for DNA testing as other evidence convicted Peterson. They have also said that Laci’s family deserves the right to have the case over.Special prosecutor David Harris said the request for testing "is the third bite of the apple" the defense is asking the court to address.He called the request for DNA testing a "collateral attack" on the conviction and said it was inappropriate for the defense to drag the case out."There is no do over here to create a new set of facts," he said, adding that it was not fair to the victim's family who have been traumatized.He argued that there was "no blood" on the mattress and that to describe it otherwise was inaccurate.He also questioned how testing "floating debris" would eliminate environmental contaminants.
SAN MATEO, Calif. —
A California judge ruled against all but one DNA testing request from Scott Peterson's defense on Wednesday, as he continues his legal fight to clear his name of murder.
A jury convicted Peterson nearly 20 years ago of murdering his wife Laci and their unborn son Conner on Christmas Eve in 2002. Peterson appeared virtually from the Mule Creek State Prison where he is serving a life sentence. A judge overturned Peterson’s death sentence in 2020.
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Peterson’s new team of lawyers with the LA Innocence Project requested that items gathered during the original murder investigation undergo DNA testing.
Here's how the judge ruled on the DNA testing of these items:
- Denied testing what the defense called a "blood-stained" mattress found in a burned-out van near the Peterson’s Modesto home. The judge argued 2019 testing didn't show it was blood and there's no new technology that would change the results.
- Denied testing on a hammer and work glove found in a neighbor's home after a burglary.
- Denied testing on some of the items found in the San Francisco Bay, including a Target cement bag, duct tape from that bag, four packages of debris from the bag, duct tape from the Bay, a black tarp found 20 feet from where Laci’s remains were discovered and a black tarp found a month later.
- Denied testing for the twine found on the neck of Laci's fetus Conner.
- Granted testing on 15.5-inch long duct tape found on Laci's pants during the autopsy. The pants were tested in 2013 but the judge said new advanced testing is available.
See photos of these items below:
Hearst Owned
Hearst Owned
Hearst Owned
Hearst Owned
Hearst Owned
Hearst Owned
A hearing has been scheduled for July to address any outstanding disputes regarding the identity of the DNA testing lab and who ]will pay for the DNA testing.
None of Peterson's wanted to comment after the judge's split decision.
What happened in court earlier
During the motions hearing on Wednesday, LA Innocence Project lead attorney Paula Mitchell spent the first 90 minutes discussing why the judge should allow the items for DNA testing or retesting.
She argued that new technology could determine whose blood was on the mattress that was recovered and if Laci was present in the back of the van. The items in the Bay could also be tested to see if they match the items in the van.
Mitchell also argued that the prosecution's case was based entirely on circ*mstantial evidence with no murder weapon, witnesses to the murder or determination of Laci's cause, time and date of death.
"This is an exercise in the search for the truth," Mitchell said. "We are trying to figure out what happened in this case."
Scott Peterson timeline: Key dates in the murder case
The prosecution has argued there is no need for DNA testing as other evidence convicted Peterson. They have also said that Laci’s family deserves the right to have the case over.
Special prosecutor David Harris said the request for testing "is the third bite of the apple" the defense is asking the court to address.
He called the request for DNA testing a "collateral attack" on the conviction and said it was inappropriate for the defense to drag the case out.
"There is no do over here to create a new set of facts," he said, adding that it was not fair to the victim's family who have been traumatized.
He argued that there was "no blood" on the mattress and that to describe it otherwise was inaccurate.
He also questioned how testing "floating debris" would eliminate environmental contaminants.
Scott Peterson returns to court with help from LA Innocence Project
