Scott Peterson Appeals Death Sentence

Lawyer alleges juror misconduct, bias, evidence problems
By Evann Gastaldo,  Newser Staff
Posted Jul 6, 2012 7:06 AM CDT
Scott Peterson Appeals Death Sentence
In this July 2002 file photo provided by the Peterson Family, Laci Peterson, 27, of Modesto, Calif. is seen.   (AP Photo/Peterson Family, File)

Scott Peterson is still protesting his innocence in the murder of pregnant wife Laci in 2002, and has filed an automatic appeal of his death sentence with the California Supreme Court. Peterson was sentenced in 2004 after a highly publicized trial, and his lawyer argues in the 423-page document that the level of publicity and a number of mistakes kept Peterson from receiving a fair trial. Specifically, the lawyer claims, investigators never proved "how, where, or when" Laci was murdered, since little direct evidence supported the prosecution's theory that she was suffocated at the Petersons' home.

The lawyer also points to evidence that should have been thrown out, like a police dog that picked up Laci's scent—but had a record of being wrong 66% of the time. The filing also alleges numerous problems with the jury, declaring that the trial, which was moved once to San Mateo County, should have been moved again due to all the publicity and juror bias there. The AP notes that all death penalty cases are appealed to the California Supreme Court; Peterson's appeal could take years to be resolved. (More Scott Peterson stories.)

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