When Will Scott Peterson Get a New Trial?
On October 14, 2020 the California Supreme Court ordered a San Mateo County judge to decide if Scott Peterson deserves a new trial, because “Juror No. 7 committed prejudicial misconduct.”
I am very confident that we can win it. Whether we do or not, there are a lot of things that go into that calculus.
Upcoming Court Dates
Prosecution and defense attorneys file “post-trial briefs” by May 25, 2022. A “post-trial brief” is an argument for / against a new trial.
Both parties respond to these briefs in writing, by June 9, 2022.
Oral arguments are scheduled for June 29, 2022.
- September 27, 2022
- Deadline for Judge Anne-Christine Massullo to decide if Scott Peterson deserves a new trial.
Then — prosecution or defense lawyers will appeal Judge Massullo’s ruling.
There is new evidence that Scott’s not the one. It will show who the true suspects are.
A new trial means new witnesses. The living people who saw Laci Peterson after Scott went fishing, can finally testify.
“Juror misconduct” should get Scott Peterson a new trial.
Lies by Richelle Nice / Juror 7
Juror Richelle Nice lied on her juror application and interview. In 2000, a pregnant Ms. Nice was a victim and a witness in a domestic violence case.
This is important, because Mr. Peterson’s attorneys would have rejected her juror application, if they knew her history.
A juror who conceals relevant facts or gives false answers during the voir dire examination thus undermines the jury selection process, impairing the defendant’s ability to exercise for-cause and peremptory challenges.
Such a juror commits misconduct.
Witch Hunt Against Richelle Nice?
Stanislaus County District Attorney Birgit Fladager claims defense attorneys are on a witch hunt against stealth juror Richelle Nice.
Scott Peterson will appear in court for the evidentiary hearing that decides if he gets a new trial, because Ms. Nice lied on her juror application. It is not a witch hunt, if it gets Mr. Peterson a new trial.
The Stanislaus County’s DA team recently filed some documents that accused Peterson’s defense team of going on a “witch hunt” against Richelle Nice, and I was just wondering how you feel about that term “witch hunt.”
I think the Stanislaus County DA using the term “witch hunt” is a little ironic, given the fact that they’ve put on a 16 year witch hunt against Scott Peterson.
Or Witch Hunt Against Scott Peterson?
Stanislaus County District Attorney Birgit Fladager is not running for relection. But she is not done with Scott Peterson.
Our goal is to bring the habeas petition to a successful conclusion as soon as possible.
If, however, court proceedings continue beyond my last day in office in January 2023, I intend to make myself fully available to assist in ongoing litigation if the next elected District Attorney will allow me to do so.
I have already discussed this with Laci’s family.
Scott Peterson Meets Laci Rocha
Laci Denise Rocha and Scott Lee Peterson met while they were students at California Polytechnic State University.
Laci graduated in 1997 with a degree in ornamental horticulture. Scott graduated the following year, with a degree in agricultural business. The couple dated for two years, before marrying in 1997.
The Petersons moved to Modesto in 2000. They purchased a 3 bedroom home at 523 Covena Avenue, one mile from Laci’s Mom. Laci and Scott decorated a bedroom for their unborn son.
Laci Peterson disappeared on December 24, 2002. A telephone line received tips and a reward was offered for Laci’s return.
Although there was no physical evidence, Scott Peterson was the only suspect.
Peterson’s ex-girlfriends provided most of the circumstantial evidence against him. He admitted cheating on Laci with several women.
Laci Peterson deserved a faithful husband. But there is no evidence that her adulterous husband murdered her.
Janet Ilse Meets Laci Peterson
Janet Ilse dated Scott for five months in college, after he married Laci. Police learned about their affair, because Ms. Ilse called the Laci Peterson police tip line.
Modesto police detective Allen Brocchini interviewed Ilse. Court TV obtained excerpts of their discussion.
Janet learned about Scott’s marriage, because she arrived at Scott’s college residence after midnight, to surprise him. One of Scott’s three roommates let her into their shared house. But Janet found Scott and Laci Rocha in bed.
Janet made it obvious to Laci that Scott and Janet were in an intimate relationship.Detective Allen Brocchini
Every adulterer on Bad Marriages had the same problem: they needed a divorce.
Shawn Sibley and Amber Frey
Scott Peterson met Shawn Sibley in October 2002, at a business convention in Anaheim.
Eric Olsen was Peterson’s employee at Tradecorp. He attended the convention with Peterson.
Olsen said Peterson and Sibley spoke, “Mainly about sexual positions and that sort of thing.”
Peterson called Olsen after the convention.
I shouldn’t have met her. I did something stupid.Scott Peterson
Shawn Sibley liked Peterson, but she was engaged. Sibley thought Peterson was single.
…he said that he had dated, had a lot of one-night-stands, and he was sick of having one-night-stands.
And he was sick of, seemed like all the women he met were just these bimbos with no brains.
She introduced Peterson to her best friend, Amber Frey.
Scott met Amber Frey, an attractive 5’6″ / 110 pound masseuse, when his wife was 7 months pregnant.
Who Was Amber Frey?
Amber Frey had a history of sleeping with married men. In 1998 she lived with Josh Hart, a married male stripper with a pregnant wife.
What kind of woman who was secure about herself would let some male stripper move in with her after a couple of weeks? Josh Hart
Ms. Frey gave birth to a daughter in 2000, but refused to identify the father. A subsequent (2004) DNA test revealed an unexpected father.
Amber Frey claims to be religious.
Scott Peterson Wanted Amber Frey
Peterson appealed to Frey’s faith. He said he was preparing for his first Christmas without his late wife. It worked.
Scott said that he was looking forward to settling down, but that he hadn’t yet found the right person.
On November 20, 2002, Shawn Sibley watched Frey’s daughter Ayiana, while Mr. Peterson and Ms. Frey slept together on their first date.
Mike Almasri worked with Sibley. But Scott Peterson had interviewed him for a sales job at Tradecorp. Peterson did not hire Almasri.
At the end of the interview I just noticed that he looked young, so I just asked him, you know, how was he able to get into such a position for his young age.
And he indicated that he had met with the company, and he lived in Modesto, and him and his wife just bought a house.Mike Almasri
Sibley met Almasri on December 6, and asked him if he knew Scott Peterson. Almasri told her he knew a Scott Peterson in Modesto, who was married.
Sibley went outside to call Peterson.
Scott denied that he was married, so Sibley called Eric Olsen.
I told her she should speak to Scott about that.Eric Olsen
New Lie to Cover Old Lie
Sibley continued her investigation by calling Scott. He told Sibley that his wife died, and asked her not to tell Amber Frey.
Scott, I don’t care if you are widowed, or you are divorced. All I care about is are you currently married right now?Shawn Sibley
Gloria Gomez interviews Scott Peterson (22:31)
Scott’s Chance to End Affair
Peterson eventually confessed to Sibley and Frey. Nevertheless, Frey slept with Peterson one more time, and she continued to speak to him.
You’re married. How do you figure you never cheated on me?Amber Frey
Peterson’s conversations with Frey ultimately led to his conviction.
I want to tell you everything, but I can’t.
Laci Peterson Disappears
On December 24, 2002, Scott went fishing on his 14 foot boat, while his 8 month pregnant wife Laci walked around Modesto, California with their dog.
Several witnesses saw Laci walking a dog, after Scott left to go fishing.
But Laci disappeared. A neighbor found her dog.
Nobody knows what happened to Laci Peterson, because this crime was too complex and difficult for the investigators assigned to it.
I think the police bungled this investigation. Detectives ignored witnesses and evidence.
We will never know what happened to Laci Peterson, because she needed a dedicated team of brilliant investigators to solve her murder.
Police and prosecutors wanted to close this case, and move on to the next one.
Laci Peterson Sightings
Chief Wasden made a comment during his news conference that on the evening before Christmas Eve, Laci’s mother had spoken to Laci at 8:15 and that’s the last time anyone saw Laci.
Not true. There are several people who saw Laci.
Martha and Frank Aguilar
Martha and Frank Aguilar saw Laci walking McKenzi between 9:30 and 11:00.
On December 24, 2002, my wife Martha and I were driving from our home up La Loma Avenue, away from Yosemite Boulevard, and towards downtown Modesto.
As we were driving, we saw a pregnant woman walking towards us with a dog on a leash. We passed her on the passenger side of the car. I was driving. It was cold out and the woman caught our attention because she was not wearing a jacket. She was only wearing a white blouse and black pants.
The woman was walking a mid-sized dog, like a long hair Labrador Retriever. I cannot be sure of the time but it was between 9:30 and 11:00 A.M.
Sometime shortly after December 24, we learned from the news that Laci Peterson had gone missing and saw a photograph of her. That is why I remember what I saw that day – because her disappearance was on the news so quickly when the events of December 24 were still fresh in my mind.
I realized that the photographs I saw on the news were of the same woman I had seen walking the dog that morning.
I also realized that I had seen her before at local grocery store, Save Mart, and driving past our home. At Save Mart, Laci was talking with the cashier and was friendly and smiling. My wife Martha had also seen Laci walking her dog past our home before. Based on the pictures I saw in the news, I am sure that the woman I saw walking a dog on December 24, 2002, was Laci Peterson.
At the candlelight vigil for Laci, I approached a reporter, Jodie Hernandez, and told her what we had seen. She told us to go to the police but I did not. I can’t explain why I did not report this to police other than I thought they would come to me.
Sometime later, Martha and I were at the home of our neighbor, Mrs. Severda. An investigator who was working for Scott Peterson’s defense was there. Martha told this investigator what we had seen.
We were not contacted again by any investigator working for the defense or trial counsel. Nor were we ever contacted by the police or anyone working for the prosecutor.
Martha suffered a heart attack in September 2007. She is confined to a wheelchair, She also has congestive heart disease. Although Martha’s memory has been badly affected by her heart attack, she still recalls that morning and seeing Laci walking along La Loma Avenue.
Gene Pedrioli saw Laci between 10:15 and 10:30, after shopping at a drug store. He watched Laci and her dog McKenzi walk around some branches on the ground. Pedrioli noticed her dog, because he owned a dog with the same color.
Homer Maldonado saw Laci a half block from her home at 9:45 AM.
I slowed down and was taking a good look. What caught my eye was she was so pregnant. There’s no question it was her.Homer Maldonado
Bill and Vivian Mitchell
Vivian Mitchell reported seeing Laci from her window at 10:15, nine blocks from the Peterson home. She told her husband Bill Mitchell, “There’s the pregnant woman with the beautiful smile.”
Bill Mitchell was a retired attorney. He advised his wife to call the police, after Laci was reported missing. Unfortunately, the police never responded.
Mark Geragos visited Bill and Vivian Mitchell
Attorney Mark Geragos visited the Mitchells. Mr. Geragos listened to Vivian Mitchell play piano. Why didn’t she testify?
I remember being visited by the defense. It was the main attorney Mr. Geragos and he had a small team with him. One of the team members asked me questions, but I don’t recall Mr. Geragos asking many questions about the case.
He saw a piano in our house, and Vivian played for him. She was a very accomplished piano player. We were never subpoenaed by the defense, only the prosecution had me under subpoena.
Of course my wife died and I was never called to the trial by either side.
Former police officer Tom Harshman also called the Laci tip line. Harshman told police he saw a woman matching Laci’s description urinating by the side of the road.
Tom Harshman also saw a man with a ponytail, forcing the woman into the back of a van near the Peterson house on December 28, 2002.
Also — Harshman said police did not send his information to Peterson’s defense before the trial started.
Mike Chiavetta was a history teacher and water polo coach at Modesto High. Chivetta saw McKenzi in East La Loma Park at 10:45, while playing with his own dog.
It’s a pretty distinctive dog.Mike Chiavetta
Unfortunately, Chiavetta was not sure he if he saw Laci Peterson.
I remember looking over, and, in my mind, I see a woman with a big white smock and black leggings.Mike Chiavetta
Laci Peterson was last seen wearing black pants and a long sleeved white shirt.
Diana Campos was a Stanislaus County Hospital employee. Campos saw a woman and a barking dog resembling Laci Peterson and McKenzi in Dry Creek Regional Park, near the Peterson home about 10:45, while she was outside smoking.
On December 26, 2002, I saw a missing poster for Laci Peterson at the Starbucks close to the hospital. I recognized Ms. Peterson as the woman I saw walking the dog in the park two days before. I am sure it was the same woman. I recognized her face.Diana Campos
Then on that same day you interviewed Campos, who also saw two people, who she described as being very dirty and telling somebody who’s got a Golden Retriever, who’s six to seven months pregnant, who’s walking the dog in the park, to, “Shut the f* dog up,” and the dog is barking.
Did that occur to you as to be maybe significant in this investigation?Attorney Mark Geragos
Why Didn’t These Witnesses Testify?
Modesto police wanted to convict Scott Peterson.
Blaming Mark Geragos
Peterson and his latest attorneys blame Mark Geragos for missing witnesses.
For example, Diana Campos saw Laci Peterson walking her dog after Scott left the area.
After my June 13, 2003 interview with the defense investigator I was not contacted again by the defense. I was not called to testify at Mr. Peterson’s trial.
I would have been available to testify to these facts if called as a witness at Mr. Peterson’s trial.Diana Campos
The Peterson trial was Geragos’s first capital trial. But that is a lousy excuse for ignoring evidence that might free your client.
Here, counsel promised (1) five witnesses who saw Laci alive after Scott left home, (2) one witness who saw Laci forced into a van, and (3) multiple witnesses who saw Scott launch a boat that contained nothing that could have been a body.
Counsel then produced none of these witnesses.
And the prosecutor in closing explicitly asked jurors to draw the precise inference which the case law recognizes as so prejudicial, telling jurors that petitioner had a “very experienced defense team” with “very good lawyers” and that the reason these witnesses were not called was because they would not support the defense case.REPLY TO INFORMAL RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
Karen Servas Contradicts Other Witnesses
Karen Servas was the Peterson’s neighbor. She found McKenzi in the street and returned him to the Peterson’s backyard.
Ms. Servas originally told police that she found McKenzi at 10:30. However, she changed her time to 10:18 after finding a sales receipt. Servas sent a note to Detective Buehler.
Enclosed is my receipt from Austins on 12/24/02.
After I found the Peterson’s dog and put it back in their yard, I went in briefly to wash my hands at my house. I then went to Bank of America, couldn’t find a parking spot; then drove to Austin’s.
I have retraced my trip; timed it from the time I found the dog to parking at Austin’s. I approximated the time it took was about 11 minutes.
I was in Austin’s for five minutes before I made my purchase. I went to the second cash register furthest away from the front door.
So I estimate I found the dog at 10:18 a.m., based on the receipt and working the timing backwards. If you need any more info, please call me at 480-1744.
Ten Minute Crime?
Police found Laci wearing tan pants, but Scott said she wore black pants.
However, if Scott left his house at 10:08, and Laci was missing at 10:18, there is only ten minutes for her wardrobe change and abduction.
Does Anybody Really Know What Time It Is?
According to Karen Servas, everyone who saw Laci and McKenzi was wrong, because she found McKenzi at 10:18.
But Ms. Servas’s time estimate is based upon a store receipt.
Was the time on her receipt accurate?
But nobody knows if the time stamp on the Karen Servas receipt was accurate. Because the two receipts Jensen and Austin tested had different dates, and a 49 minute time difference.
Mailman Russell Graybill
Russell Graybill delivered mail to 500 homes, including the Petersons. He was familiar with neighborhood dogs. McKenzi barked at him, when he delivered mail or walked on the property.
Graybill testified that McKenzi was not outside between 10:35 and 10:50 on December 24, 2002.
Graybill also told police the Peterson’s gate was open on Christmas Eve.
However, Russell Graybill did not testify at Mr. Peterson’s trial.
But the jury never heard that when Graybill arrived at 10:35 to 10:50 the gate which Servas had closed at 10:18 was now open and Mckenzi was not barking.
This evidence directly supports the defense case that Laci took Mckenzi for a walk after Scott left for the marina.
The state never suggests who else would possibly have opened the Peterson’s gate and taken Mckenzi for a walk.Reply to Informal Response to Petition for Writ of Habeas Corpus
Bodies of Laci and Conner Peterson
Laci and Scott planned to name their baby Conner.
A hiker discovered Conner in Richmond, California on April 13, 2003.
A dog walker discovered Laci’s decomposed body the next day, a mile from Conner.
Laci’s head and limbs were missing. She had two cracked ribs.
Laci Peterson’s cause of death was “undetermined,” despite her missing head and limbs.
Police arrested Scott Peterson on April 18, 2003.
How Did Laci Peterson Die?
Prosecutors said Scott Peterson:
- 1) Strangled Laci on December 23, 2002.
- 2) Transported her body in his truck to his rented warehouse.
- 3) Moved her body to his fishing boat.
- 4) Launched boat at Berkeley Marina.
- 5) Attached four anchors to Laci’s body and dumped her in San Francisco Bay.
Scott Peterson performed several jobs in his office / warehouse that point to his innocence.
He was logged into a computer for 26 minutes, reading and sending email.
Most important to me, was downloading instructions to assemble a mortiser, and assembling it.
An educated murderer with a dead wife in his truck or boat, might pause to answer job related email.
But a murderer would not assemble a mortiser, before they disposed of their victim.
Additionally, Scott parked his truck outside.
How could Scott leave a corpse in his truck for over an hour?
Also — why would Scott kill Laci on Christmas Eve? Her parents expected to see her on Christmas Day.
Investigators found one hair from Laci in Scott’s boat.
However, Peterson’s little 14 foot boat, with two seats, capsized when his defense team simulated the event.
Incredibly, the jury was not allowed to watch this video, showing a mannequin and weights dumped from the little boat.
The trial court excluded defense evidence of an experiment showing that if a man of Mr. Peterson’s weight tried to do what the state suggested, the boat would capsize.
In closing argument, the prosecutor then relied on the absence of any defense evidence suggesting the boat was unstable.
Scott Peterson did not receive a fair trial.
I am innocent.Scott Peterson
How Did Conner Peterson Die?
Conner was less decomposed than Laci. Was Conner born?
His placenta and umbilical cord were not found.
It does tell us that the baby was in the womb for many months after Laci was in the water and Laci in fact protected the baby until the baby came out shortly before the bodies were found.Dr. Michael Baden
A similar opinion, by another experienced forensic pathologist.
The dead baby was not in the water for three-and-a-half months. No way.
The baby was in the water two days, three days, four days, something like this.
There’s no question about that.Dr. Cyril Wecht
Was Conner Peterson Murdered?
Conner Peterson was found with plastic tape knotted around his neck and shoulder. The drawing shown is a courtroom sketch of Conner’s body. This tape could have been used to tie a bag over Conner’s head.
Dr. Cyril H. Wecht is a renowned forensic pathologist. Dr. Wecht consulted on high profile cases including Nicole Simpson, Elvis Presley and President Kennedy.
Mark Geragos hired Dr. Wecht to examine the bodies of Laci and Conner Peterson. Dr. Wecht discussed the tape found on Conner with Greta van Susteren:
And you know that twine around the neck and over the shoulder, on the arm?
How about if there is some kind of a bag that is over the baby that is held in place with that tape, and the bag dissolves and breaks apart in the water and the tape remains?
There are a lot of explanations. The baby’s head was 28 centimeters circumference. I measured 20 centimeters around the neck.
You talk about something coming over the head, the body’s floating in the water? You couldn’t do that in a million years.
Dr. Jon J. Nordby, author of Dead Reckoning: The Art of Forensic Detection, agrees with Dr. Wecht.
I doubt very much that would be something you could attribute to a natural process.
I would be puzzled by the fact that the mother would be in such an advanced state of decay and the baby would be more well preserved and have that tape.
When Did Conner Peterson Die?
Unfortunately, expert witnesses for the prosecution and defense could only guess Conner’s gestational age.
Dr. Greggory Devore — December 23rd
Dr. Devore testified for the prosecution. He measured Conner’s femur. Dr. Devore used a formula developed by Dr. Phillipe Jeanty to conclude that Conner died on December 23.
Dr. Phillipe Jeanty — January 3rd
Dr. Devore relied on the wrong formula, he erroneously applied that formula to only one bone (rather than three) and — not surprisingly — his result in applying the formula was wrong. A correct application of Dr. Jeanty’s formula shows that Conner died not on December 23 (as Devore testified) but January 3.
Even applying the incorrect formula that Dr. Devore used — but applying it correctly by measuring three bones — the formula indicates a date of death of January 3.Reply to Informal Response to Petition for Writ of Habeas Corpus
A report said Dr. Jeanty would testify for the defense, if Scott Peterson gets a new trial. Alas, Dr. Jeanty died on November 25, 2020.
More Info About Conner’s Age
Please read Conner’s Age Proves Scott’s Innocence by Marlene Newell for a comprehensive comparison of the experts’ methods and conclusions.
Was Laci Sacrificed?
Laci’s head and limbs were missing.
Conner, the fetus, was missing his umbilical cord.
Scott was a habitual womanizer, just like Drew Peterson.
Women liked him. Scott slept with Amber Frey on their first date. He liked women.
Why would Scott dismember his wife?
Laci disappeared on December 24th — Christmas Eve.
Satanic cults celebrate Demon Revels on this date, with animal and human sacrifices.
Did you folks know that there’s another pregnant lady that was floating in that bay in January?
Another torso and two other pregnant women missing in that area.
The remains of Evelyn Hernandez washed ashore on July 24, 2002 — nine months before Laci.
Ms. Hernandez was pregnant, and found without limbs — like Laci. But she was a poor unwed immigrant from El Salvador.
The discovery of Evelyn Hernandez received much less publicity than Laci Peterson. Sadly, her six year old son also disappeared.
One Year Later
The San Francisco Mayor’s office waited a year, before offering a $10,000 reward for the killer of Evelyn Hernandez.
Laci Peterson has a family.
Evelyn didn’t have people to pressure the police and the media.
Two pregnant women murdered nine months apart, found near other, missing limbs. Is that a coincidence?
Was Laci Peterson Abducted?
Rudy and Susan Medina lived across the street from the Petersons. Steven Todd and Donald Pearce robbed the Medina residence about the same time that Laci disappeared.
Neighbor Diane Jackson saw three men outside the Medina home, standing next to a “brown or tan van.” Additionally, Edgar Maldonado and his wife saw a similar vehicle parked at a gas station.
Where is the Tape?
In 2005, after Scott’s conviction, Modesto police learned that a recorded prison conversation discussed the murder of Laci Peterson.
The recorded conversation reportedly said a burglar threatened Laci, because she witnessed a robbery.
Incredibly, this recording was lost.
Modesto police claimed they never received the recording.
Officer Xavier Aponte
Officer Aponte called the Laci Peterson tip line. Attorney Lawrence Gibbs found his “tip” buried in evidence.
Lt. Aponte 909xxxxxxx CRC-Norco – received info from Shawn Tebrink (inmate) he spoke to brother adam who said Steve Todd said Laci witnessed him breaking in. Could not give dates or time. Aponte has further info.
… the jury never heard from Officer Xavier Aponte, a correctional officer at the California Rehabilitation Center in Norco, California.
In January 2003 — only weeks after Laci disappeared — Officer Aponte monitored a telephone conversation between an inmate named Shawn Tenbrink and his brother Adam Tenbrink.
Adam was a friend of burglar Steven Todd; during the conversation, Adam revealed that Todd confessed “Laci witnessed him breaking in.”
Since the Medinas left their home at 10:30 on December 24 — after Scott had already left for the marina — Todd’s confession directly supports the defense theory that Laci was alive when Scott left for the marina.Reply to Informal Response to Petition for Writ of Habeas Corpus
Brown Van and Laci’s Missing Croton Watch
Laci Peterson inherited a Croton watch worth $750 from her grandmother. Laci tried selling this watch on eBay, but withdrew it because the bids were too low.
This watch was missing after Laci’s disappearance.
Court TV obtained a pawn receipt signed by Deanna Renfro on December 31, 2002 for either the same watch, or a similar watch.
Do you remember that Diane Jackson saw a van during the Medina house robbery?
On December 28, 2002 an unidentified woman said she was raped by two men and two women in a brown van.
Police reportedly tracked the van back to Mary Ann Renfrow, Donnie Renfrow and family. They lived at a Modesto campsite. Despite the different spelling, Deanna Renfro is Donnie Renfrow’s stepdaughter.
The prosecution and defense teams both tested the van. Nothing related to Laci was found in the van.
Did they test the correct van? How did Deanna Renfro get Laci’s watch?
Amber Frey Gets Even with Scott Peterson
Gloria Allred represented Amber Frey.
…if he had known that Amber had been taping him and those phone calls with her and turning all of those tapes over to the police, which she had been doing, I don’t know whether he might have intended to kill her, to harm her in some way, to abduct here, to kidnap her.Gloria Allred
A Woman Scorned
Amber Frey might have believed Scott’s outrageous lies, because he treated her daughter well. Frey believed Scott could not join Ayiana and her for Thanksgiving, because he would be fishing in Alaska.
Although they were dating for less than two months, Amber and Scott had unprotected sex after a Christmas party because she wanted his baby.
At this point, Scott needed to change this telephone number and find a new woman, or pay attention to his pregnant wife.
Amber Frey Gets the News
Police gave Amber Frey equipment to record telephone calls.
She recorded 29 hours of conversations with Scott.
But Scott never said he killed Laci.
Amber Frey’s Tapes
Twelve hours of Frey’s recorded conversations with Peterson were played at his trial.
Scott Peterson traded his freedom, to continue his charade with Amber Frey for three additional weeks.
Juries and Capital Punishment
It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death.Maimonides
This author does not want to serve on the jury for a capital crime.
Especially, a crime without physical evidence or witnesses.
Additionally, why would someone volunteer for this jury?
Also: wouldn’t you expect jurors to take their job VERY seriously?
Jury duty appealed to Justin Falconer, because he was collecting disability from his job as an airport screener. However, he did not take it seriously.
First, a news photographer filmed Mr. Falconer speaking to Brent Rocha, Laci’s brother, at the courthouse metal detector, on their way to the courtroom.
Falconer said, “I got in the way of your shot for the news today.”
A juror should not speak to anyone. Judge Delucchi forgave Justin Falconer for speaking to Brent Rocha. But Judge Delucchi removed him from the jury, two days after this incident.
I think Delucchi removed Falconer because he admitted discussing the case outside court, and Juror 8 complained about him.
Loss for Defense
…he’s an innocent man sitting there right now and they made that very clear to us…Justin Falconer
Although Justin Falconer was only a juror for 13 days, it hurt Peterson to lose him.
I mean I’ve got to believe that no matter what the presentation was based on the evidence that they have, no matter how they presented it, this particular juror never would have been convinced.
Judge Delucchi removed Frances Gorman for undisclosed reasons. But analysts think Gorman conducted her own research.
Jurors must rely on trial testimony. California jurors are not even allowed to check a word in a dictionary.
Ms. Gorman did not comment on her dismissal.
Richelle Nice / Strawberry Shortcake
Alternate juror Richelle Nice replaced Frances Gorman.
Media named her “Strawberry Shortcake,” for brightly colored hair and clothing.
Ms. Nice is the perfect example of death penalty jury frenzy: she lost her job at a credit union, to be an alternate juror.
She also lied to be on the jury.
Richelle Nice did not disclose a domestic violence incident and court case on her juror questionnaire.
I think she lied on several questions, because she wanted to punish Scott Peterson.
Attorney Mark Geragos called her a stealth juror.
How Did Richelle Nice Lie?
Richelle Nice lied at least three times answering questions on her juror questionnaire.
On November 27, 2000 Richelle Nice filed a lawsuit in San Mateo County Superior Court, “Petition for Injunction Prohibiting Harassment.”
… when Ms. Nice was four and one-half months pregnant in November of 2000, she and her unborn baby were threatened, assaulted and stalked by her boyfriend’s ex-girlfriend, Marcella Kinsey.
Ms. Nice was so frightened that she filed a lawsuit to obtain a restraining order against Kinsey. Ms. Nice’s petition stated that she “feels like Marcella would try to hurt the baby, with all the hate and anger she has for Richelle.”
In fact, Ms. Nice, while representing herself, sued her attacker for causing her to begin premature contractions, threatening the life of her unborn child.
In fact, at trial on her own complaint against her attacker, Ms. Nice was sworn and called as a witness.
Based on Ms. Nice’s testimony, the court granted her a three-year restraining order. As a result of her malicious conduct against Ms. Nice, Ms. Kinsey was convicted of the crime of vandalism and was sentenced to a week in county jail.Petition for Writ of Habeas Corpus
Simple Juror Questions
Let’s start with questions from the juror questionnaire.
- Have you ever been involved in a lawsuit (other than divorce proceedings)?
- If yes, were you: ___The plaintiff ___The defendant ___Both
- Have you ever participated in a trial as a party, witness or interested observer?
- If yes, please explain: _____________________________
- Have you, or any member of your family, or close friends, ever been the VICTIM of a crime or a WITNESS to any crime?
- If yes, please explain:______________________________
Do you understand these questions? Richelle Nice claims she did not understand the questions. She answered ‘No’ and offered no explanations.
Everyone has a daily schedule and a life plan to reach helpful goals. Richelle Nice created a plan, and devoted lots of time, to send a stranger to prison.
But through luck or Divine Intervention, her lies will probably get Scott Peterson a new trial.
Frying Scott Peterson
Attorney Lawrence Gibbs disagreed with Richelle Nice in a Writ of Habeas Corpus.
Her deceit is included in one claim for relief.
…when 10 of the jurors had decided to acquit of first degree murder in connection with Conner’s death, Ms. Nice was one of two holdouts for a first degree conviction.
As Ms. Nice later described her role as a holdout, she asked her fellow-jurors, “How can you not kill the baby,” pointing to her own stomach.
She pleaded to her fellow-jurors, “That was no fetus, that was a child.”
And after trial, Ms. Nice took the extraordinary step of writing numerous letters to the man she helped put on death row, focusing repeatedly on what she believed he had done to his unborn child.
Ms. Nice’s falsehoods in getting on this jury require a grant of relief.
Who Investigates Jurors?
Why didn’t attorney Mark Geragos or his staff, investigate potential jurors? Mr. Geragos complained about Richelle Nice after the trial.
Had I known about Ms. Nice’s lawsuit, and that she had been the victim of threats of violence against her life andthe life of her unborn child from malicious acts of another, I would absolutely have challenged her for cause.
Richelle Nice should not have been a juror. Is that enough to get Scott Peterson a new trial?
Scott Peterson Needed an Honest Jury
Every trial requires an honest jury.
Mark Geragos agreed with Lawrence Gibbs about Richelle Nice.
The state was alleging that Mr. Peterson had harmed his unborn child. There is no way in the world I would have wanted a juror to sit in judgment of Mr. Peterson, when that juror had been a victim of the very crime for which Mr. Peterson was on trial.
Gregory Jackson replaced Justin Falconer.
Mr. Jackson worked for a law firm, but he also had a degree from a medical school. Jackson was the jury foreman, when he was dismissed.
Judge Delucchi did not explain his decision. Additionally, his notes on this decision are sealed.
Jackson’s replacement knew Scott and Laci Peterson. He worked with Laci for six weeks.
The New York Times described him as “the future father-in-law of a man who owns the Shack, a restaurant in San Luis Obispo that was started by Scott and Laci Peterson in their early years together.”
There Is No Evidence Against Scott Peterson
Scott Peterson lied about almost everything. He even lied about the weather.
Scott Peterson said he stopped fishing because it started to rain, but the Berkeley Marina harbormaster said there was no rain that day.
think thought the worst evidence against Peterson was a box of wedding photos in the garbage can of his storage unit — until I saw the adjacent photo.
I don’t think anybody wants to look at wedding photos after their spouse was murdered.
I enlarged the photo, so you can see that the “garbage can” is not full of garbage. Mr. Peterson also moved the photos from the warehouse, into his empty nursery.
Laci’s watch, jewelry, phone were found at home. Why would she walk the dog without them?
Because I think Laci vanished after she confronted the burglars across the street.
Anchors and Hair
Scott made at least one, and up to 5, cement boat anchors. He dismantled them to use the cement to fix his driveway.
Detectives found one strand of Laci’s hair on Scott’s boat.
Nevertheless, the boat was stored in Scott’s rented warehouse, and two warehouse employees saw Laci on or about December 20, 2002.
Jurors ignored these facts when they convicted Scott Peterson of first degree murder.
When Did Laci Peterson Die?
Dr. Phillippe Jeanty was an expert at measuring fetuses and dcetermining their age. According to Dr. Jeanty, Conner Peterson died on January 3rd. I do not know why Dr. Jeanty did not testify during Mr. Peterson’s trial.
A hiker found Conner Peterson on April 13, 2003. But Dr. Cyril Wecht, an eminent pathologist, thought Conner was only in the water for a few days. Why didn’t he testify for the defense?
The jury suggested a death sentence for Mr. Peterson. Judge Alfred A. Delucchi agreed. On March 16, 2005, he sentenced Scott Peterson to death for the murder of his wife Laci, and unborn son, Conner.
Judge Delucchi died in 2008. The California Supreme Court overturned Scott Peterson’s death sentence on August 24, 2020.
Scott Peterson Charges
|187 (A)||Homicide Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.|
|190.2 (A) (3)||Homicide The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.|
|12022.9 (A)||Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.|
When California sentenced Scott Peterson, it was one of about 30 states that considered the death of a fetus to be murder.
After Scott Peterson’s conviction, Laci Peterson’s family helped pass a national fetal homicide law, to recognize an unborn child as a legal murder victim.
Unborn Victims of Violence Act
If you deliberately murder a pregnant woman, did you also murder her unborn child?
In 2003, almost half of our States disagreed.
It seems odd, but bureaucrats and lobbyists expected this law to limit abortions.
…intent is to do whatever they can to contribute to the ultimate goal of overturning Roe v. Wade and taking away a woman’s right to control her reproductive life.
Laci and Conner’s Law
Laci Peterson’s family, contacted Congresswoman Melissa Hart (R-PA), and asked her to name the law after Laci and Conner. Publicity attracted more politicians, and Congress passed the law.
President George W. Bush signed Laci and Conner’s Law on April 1, 2004.
All who knew Laci Peterson have mourned two deaths, and the law cannot look away and pretend there was just one.President George W. Bush
Scott Peterson’s Appeals
California Supreme Court Overturned Scott Peterson’s Death Sentence
On August 24, 2020, California Supreme Court overturned Scott Peterson’s death sentence, because of jury selection errors. Attorney Cliff Gardner filed this appeal in 2012.
…before the trial began, the trial court 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.
We affirm the judgment as to guilt, reverse the judgment as to the sentence of death, and remand the matter for a new penalty determination.
Stanislaus County District Attorney Birgit Fladager had 150 days to ask the United States Supreme Court to review the decision. However, she did not appeal the decision.
Scott Peterson also hired attorney Lawrence Gibbs to file an appeal in 2015.
It turns out that the jury deciding this case did not have the whole truth — or anything close.Lawrence Gibbs
This appeal is excellent. Attorney Lawrence Gibbs made 19 claims to prove that Scott Peterson’s conviction is wrong.
For example, Laci Peterson was alive on December 24.
Margarita Nava cleaned the Peterson home. Ms. Nava put Laci’s curling iron away on December 23. Yet the curling iron was out, and apparently used by Laci on the morning on December 24, 2002.
Additionally, Laci’s sister Amy Rocha said Laci wore different pants on December 23.
Amy Rocha identified the pants Laci wore during a search by police.
Incredibly, California’s response claims, “the prosecution presented overwhelming evidence, independent of the dog trailing evidence, which proved that appellant murdered Laci and Conner”
Habeas Corpus Brief
An earlier version of this article, called this a “Second Appeal.”
Someone can file this document, if they lose their first (direct) appeal. However, the Habeas Corpus document can include issues that were not covered during the trial.
A person can file an Application for a Writ of Habeas Corpus, to point out flaws in their defense.
California Supreme Court Oral Arguments
On June 2, 2020 attorney Cliff Gardner explained to the California Supreme Court, why Scott Peterson deserves a new trial.
Two reasons were the jury selection and venue.
Watch the Webcast
Watch Supreme Court Oral Arguments of June 2, 2020. The video is 6 hours and 41 minutes long. People v. Peterson starts at 5:15.
Mr. Gardner explained why three jurors were rejected for the wrong reasons.
The prosecution is not entitled to a jury of 12 people that think the death penalty is swell.
Was Los Angeles a Better Location for Scott Peterson’s Trial?
Mr. Gardner also complained about the “pre-judgement rate,” because of the trial’s location.
Fake news, inadmissible evidence and pre-trial publicity poisoned potential jurors.
Witnesses Who Saw Laci Peterson Never Testified
Scott Peterson’s attorneys filed Reply to Informal Response to Petition for Writ of Habeas Corpus in December, 2018. One example:
Although counsel promised to produce several witnesses who saw Laci alive and walking her dog after Scott left to go fishing, he never called a single one.
Counsel’s broken promises deprived Scott of the effective assistance of counsel.Reply to Informal Response to Petition for Writ of Habeas Corpus
However, California disagreed with Mr. Peterson:
In any event, even if trial counsel should have called these individuals to testify, it would not have resulted in a more favorable outcome for Peterson.
How to Read Scott Peterson Case Documents
Laci Peterson died almost twenty years ago. But the most interesting part of her murder investigation, will be a new trial.
In January 2021, the San Mateo County courthouse put many documents online, for everyone to read.
This order is necessitated by the extraordinarily high number of requests for access to documents…The Superior Court of California, County of San Mateo
How to Read Case Documents Without Registration
Follow these steps to the court records.
- San Mateo Superior Court Online Case Access
- Agree to Terms
- Odyssey Portals
- Read introductory information.
- Odyssey Public Portal
- Smart Search
- Search for
Peterson, Scott Lee
- Select case
Your screen will be filled with information, in a few seconds.
Events and Hearings
First of all, 17 years of “Court Events” is mind boggling. Because there were so many lawsuits filed about this case.
For example, five newspapers hired attorney Charity Kenyon in 2003, to release all the evidence from this case to newspapers, including Laci and Conner’s autopsy photos.
I don’t understand what macabre fascination anybody would have to want to see these things and have them seared into their brain and what possible purpose it would serve.Mark Geragos
A few links to court documents with comments and references are included in the Events and Hearings section.
This section includes links to about 75 documents from 2020 to the present.
I downloaded three different “Exhibits in support Petition for Writ of Habeas Corpus filed.”
My downloads included statements from witnesses who saw Laci Peterson walking McKenzi. But these witnesses never testified at Mr. Peterson’s s trial.
Finally, you can read the late Dr. Jeanty’s detailed response to testimony by Dr. Devore, concerning the date of Conner Peterson’s death.
Dr. Phillipe Jeanty explained why Conner Peterson died on January 3, and Scott Peterson is innocent.
New Evidence to Exonerate Scott Peterson
The Murder of Laci Peterson is a documentary that presents new evidence and more of Scott’s interview.
New evidence includes notes from Russell Graybill, the Peterson’s mail carrier.
According to Mr. Graybill’s notes, Laci was walking the dog while Scott logged into his work computer.
The Carole Sund Carrington Memorial Reward Foundation offered a $500,000 reward for Laci’s safe return, or $50,000 for information leading to her.
This $500,000 reward attracted Scott Bernstein, president of Falcon Investigations in New York State.
Scott Bernstein pretended to be a member of the “U.S. Fugitive Task Force” and “New York Fugitive Task Force” to gain access to restricted information and photos of suspects.
Bernstein Interviews and Evidence
Scott Bernstein interviewed Sarah Taberna.
Ms. Taberna stole checks from Scott Peterson’s warehouse mailbox, after Laci disappeared.
He also visited The Pawn Shop in Modesto for information on a pawned Croton watch. This watch was similar to the missing watch that Laci inherited from her grandmother.
Alas, the store owner called police because Bernstein inquired about the Peterson case.
Additionally, Scott Bernstein almost lost his New York investigator’s license after a 2005 interview by Catherine Crier, on Court TV.
Scott Bernstein foolishly showed Catherine Crier booking photos of suspects, that were only available to authorities.
Police Arrest Scott Bernstein
Stanislaus County investigator Lt. Mark Smith reported Bernstein after watching his interview with Catherine Crier.
Bernstein pleaded no contest to one count of impersonating a police officer.
Is Bernstein Credible?
Despite his felony conviction, Court TV hired Scott Bernstein as a legal analyst. Bernstein mailed a letter to Peterson’s jurors in 2007, requesting interviews.
Scott Bernstein claimed he “turned up promising leads and new evidence for this case.”
However, Scott Bernstein refused to release this information.
Did Robert Berringer Kill Laci Peterson?
Cryptic evidence offers another possibility.
Who Was “I Killed Laci Peterson” ?
Someone using the handle “I Killed Laci Peterson” aka IKLP posted 544 cryptic messages on FratPack.com from March 2005 to August 2006. The Web site is gone, but the messages were saved.
Christopher Farmer cracked IKLP’s code and believes it was written by Laci Peterson’s murderer.
Unfortunately, Ed Edwards died in 2011.
Citizen Q also sent a box containing a report and photos to Judge Alfred Delucchi.
A rambling report by Citizen Q claims Robert “Rabbit” Barringer AKA Robert Berringer, killed Laci.
Robert “Rabbit” Barringer, resident meth addict lead me to the concealing tomb of Laci.
Later I found the location, and the enclosed blue tarp PLANTED upshore in rocks.Citizen Q
Finally, Citizen Q claims Robert Berringer is the Zodiac Killer.
Then, what is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt.
It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor.Lemuel Shaw
Someone should reopen Laci Peterson’s murder investigation. Scott Peterson deserves a new trial.
Janey Peterson : Advocate, Sister-in-Law
Janey Peterson married Scott’s brother Joe. She is Scott’s greatest public supporter.
Ms. Peterson knows all the facts about her brother-in-law’s arrest, trial, conviction, appeal.
Broeske and Musson Show Interview
On October 30, 2020, John Broeske and Christina Musson interviewed Janey Peterson on their KMJ Radio show.
There’s nothing about this case that makes sense.
During this interview, Janey Peterson explained that news outlets reported where Scott went fishing on Christmas Eve.
Therefore, the murderer knew where to dump Laci and her fetus.
Additionally, Ms. Peterson explained that nobody knows when Laci died. But Laci was alive on December 24, because witnesses saw her after Scott went fishing.
Janey Peterson also explained what it will take for her brother-in-law to get a new trial, and present new evidence of his innocence.
It is a long interview, but it explores many questions about this case.
We don’t have justice yet; we’re not there. We can’t be content thinking we know what happened to Laci and Conner; we don’t.
Life in San Quentin Prison
Scott Peterson lived in San Quentin State Prison, on California’s Death Row, from 2007 to 2021.
Scott Peterson Did Not Collect Unemployment in Prison
California prisoners filed 35,000 unemployment claims from March to August 2020. The Employment Development Department (EDD) mailed thousands of unemployment checks to prisoners, because California prisons and unemployment do not share information.
Investigators discovered the prison fraud, by listening to inmates discuss their unemployment payments during recorded prison conversations.
Someone Collected Unemployment with Scott Peterson’s Expired Drivers License
Someone in California filed an unemployment claim for Scott Peterson. Someone else approved this claim.
Reporter David Goldstein from CBS Los Angeles solved part of this mystery. But the payments are gone.
The applicant used Scott Peterson’s expired drivers license for identification. They claimed to earn $20,000 as a salesperson, last year. Applicant also claimed to live with convicted murder Cary Styner in Rodeo, California.
Reporter Nancy Mullane accidentally filmed Peterson on death row, while she was interviewing prisoners for a book.
When I saw Scott, he was playing basketball. He didn’t look depressed.
“Someone you’d see on the street playing basketball,” is free. Scott Peterson is locked in a cell.
Send Mail to Scott Peterson
Scott Lee Peterson V72100
San Quentin State Prison
San Quentin, CA 94974
Mail is inspected by prison staff, before delivery.
Read How to Contact an Inmate for additional information.