Scott Peterson's 'strongest argument' for murder conviction appeal is a long shot: criminal defense lawyer
Scott Peterson's strongest argument for overturning his murder conviction might end up being a long shot, according to one criminal defense attorney.
Lawyers for Peterson filed a petition Monday seeking to overturn his 2004 murder conviction, which they say contains evidence exonerating the 52-year-old. Peterson was convicted of killing wife Laci and their unborn son in 2002.
The Los Angeles Innocence Project, which took on Peterson's case, filed a court petition Monday that the group claimed contains "substantial new evidence." Peterson's lawyers claimed in the petition that Peterson's rights to due process and a fair trial were denied during his 2004 trial and that his conviction should be overturned. The petition contains evidence handed over by the state that wasn't disclosed before.
According to the newly filed petition, 17 eyewitnesses who lived or worked in the Peterson's neighborhood "reported seeing a woman fitting Laci's description walking a dog in the neighborhood and nearby park" on the morning of Dec. 24, 2002, after Scott left for the day.
Scott Peterson Asks For Murder Conviction To Be Tossed, Citing 'Substantial New Evidence'
Peterson's attorneys alleged that none of the detectives assigned to search for Laci conducted eyewitness interviews with people who reported seeing Laci and her dog.
Read On The Fox News App
His attorneys said in the court filing that Laci Peterson confronted a pair of burglars who were attempting to break into a house across the street Dec. 26, 2002. According to Scott Peterson's lawyers, this "exonerates" him because it would have happened after he left for a fishing trip, meaning he wouldn't have been in the area when his wife disappeared.
The filing claims a scent dog used by law enforcement couldn't have picked up Laci Peterson's scent because attorneys have evidence stating she was still alive Dec. 28, when prosecutors claim the dog picked up her scent.
Criminal defense attorney Keith Johnson told Fox News Digital the petition is Scott Peterson's "strongest" argument for overturning the conviction, but it's still likely a long shot.
"I would say it's the strongest argument that the Peterson team would have," Johnson said. "I don't think that that's going to be something that would get a capital case overturned. Because, once again, this judge is not standing in for what the jury has already decided. So, that's the biggest issue."
Scott Peterson Attacked In California Prison By Fellow Murderer: Corrections Dept
Johnson likened the attempt by Scott Peterson's attorneys at overturning the conviction to a "Hail Mary."
"I can tell you that habeas corpus petitions are, if you would equate it to, like sports, it's like a Hail Mary," Johnson said. "It's like a half-court shot with time running out. So, they're very rarely granted, but I do know of quite a few that have been granted. The whole theory is that all of the other appeals have been exhausted and have not been successful."
He said Scott Peterson's attorneys are trying to argue the investigation was "mismanaged," which isn't necessarily a reason to grant a habeas corpus petition.
Peterson was found guilty in 2004 of murdering his wife, Laci, and of second-degree murder in the death of the couple's unborn son, Conner. Laci Peterson disappeared from the couple's Modesto, California, home on Christmas Eve in late 2002. A pedestrian found her unborn son's body, decomposed at the time, in the San Francisco Bay in April 2003.
In the petition, lawyers argued that jurors didn't hear evidence they think could have changed the trial's outcome and accused prosecutors of potentially destroying evidence.
"Every aspect of the prosecution's theory as to how the crimes in this case were committed has now been shown to be false," the petition states. "The new evidence set forth in this Amended Petition shows that the prosecution's entire theory of the case was wrong.
"In some cases, no one individual error is prejudicial enough to warrant relief, but when there are a number of constitutional or statutory violations, the court will conclude that the errors, cumulatively, undermine confidence in the conviction and warrant relief. That is certainly the case here. … All of this new evidence is more than sufficient to state a prima facie showing of Petitioner's innocence."
A spokesperson for the Los Angeles Innocence Project said the group doesn't comment on pending litigation.Original article source: Scott Peterson's 'strongest argument' for murder conviction appeal is a long shot: criminal defense lawyer
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
20 hours ago
- Yahoo
Gov Newsom ‘handcuffed' police as LA riots expose ‘reactionary' leadership failure: former sheriff' s deputy
As violent protests erupted in Los Angeles, Calif., L.A. County GOP Vice Chair and former L.A. County sheriff's deputy Patrick Gipson issued a scathing rebuke of state and local leadership, accusing officials of negligence and political opportunism. "These riots, they're completely unnecessary," Gipson told Fox News Digital. "We didn't have to go to this length to see cars burning, businesses looted, livelihoods destroyed. It could've all been avoided." Gipson pointed the finger squarely at Calif. Gov. Gavin Newsom, blaming him for failing to deploy the National Guard in time to prevent chaos. "Newsom is reactionary instead of pro-action," he said. "If he had called in the National Guard earlier, we would've saved billions of dollars in insurance claims and protected our small businesses." California Candidate For Governor Blasts Newsom While Walking Through La Riot Aftermath The protests, which began as demonstrations against Immigration and Customs Enforcement (ICE), escalated into street violence and theft. The protests highlighted, for many conservatives, the consequences of the state's left-leaning approach to progressive criminal justice reform and immigration. Read On The Fox News App "ICE is here to enforce federal law. And if we can't enforce federal law in this state, what does that say about us?" he asked. Gipson also alleged that Los Angeles Mayor Karen Bass was unable to act independently, suggesting that she has been taking her queues from Newsom. "I know Karen Bass did go in and said, 'this is not the way to protest.' They wanted peaceful protest, but that's not what we had," Gipson said. "She's taking her instructions from Sacramento and Gavin Newsom. If she had better leadership from him, I think we would have been off a lot better that we are now." WATCH: Newsom says people will be prosecuted to fullest extent of law Newsom attempted to cast blame on President Donald Trump for escalating the protests, claiming that they were peaceful demonstrations before the National Guard and his rhetoric accelerated the conflict. "Gavin Newsom does not have a handle on California," he said. "If he had said, '[President] Trump, can you come and help us prepare for this? I think he [Trump] would have helped. "Newsom is obviously setting up for his race in 2028 and he is going to cast the blame on Trump, saying that Trump didn't do his job." Steve Hilton: How One-party Democratic Rule Led To Riots, Burning American Flags And Attacks On Police In La The consequences of what Gipson described as "soft-on-crime" policies are, in his view, compounding the unrest. He cited the state's failure to properly fund Proposition 36, which was overwhelmingly passed in 2024 to curb back the radical policies of Proposition 47, as proof of Sacramento's disregard for public safety. "Gavin Newsom is not funding Prop 36. Store owners can't even go after criminals. Patrons are scared to shop. People won't even get on the freeway toward LA now," Gipson said. "They're afraid a brick's going to come flying through their car window." Reflecting on his experience as a former sheriff's deputy, Gipson said the state of law enforcement morale in L.A. is dire. "Law enforcement has not been able to do their job," he said. "Officers are afraid, literally afraid, to do their jobs because they don't want to go to jail for following their training. There's no backing from Newsom, none from Bass." "They're handcuffed," he added. "For over 10 years, Gavin Newsom has not protected law enforcement in California. They've been defunded, defamed and demoralized. And now they wait. They hesitate. And when you hesitate in this line of work, people get hurt." Gipson also faulted the bureaucratic chain of command for paralyzing law enforcement at critical moments. "The sheriff answers to the Board of Supervisors. The LAPD chief answers to the mayor. And when they can't arrest people right away, the violence just keeps going," he said. The solution, Gipson argued, is straightforward: consequences. In a statement to Fox News Digital, Newsom's office said that the Trump administration "didn't even tap into the additional resources available to clean up their mess." "Let's be clear: The National Guard wasn't needed in Los Angeles. State and local law enforcement were responding, and federal agencies didn't even tap into the additional resources available to clean up their mess. Calls for troops to handle a protest show a basic misunderstanding of how public safety works — which is rather shocking for someone who used to have a badge." Fox News Digital reached out to Bass' office for article source: Gov Newsom 'handcuffed' police as LA riots expose 'reactionary' leadership failure: former sheriff' s deputy
Yahoo
a day ago
- Yahoo
Florida sheriff fires off blunt message to violent anti-Trump protesters: 'We will kill you graveyard dead'
A Florida sheriff has issued a stern warning to protesters planning violence towards law enforcement officials as the United States braces for a wave of anti-Trump administration demonstrations. Brevard County Sheriff Wayne Ivey cautioned against violent behavior during the upcoming "No Kings" protests expected across the country this weekend during a news conference alongside Florida Attorney General James Uthmeier. "Throw a brick, firebomb or point a gun at one of our deputies, we will be notifying your family where to collect your remains at," Ivey said. "Because we will kill you graveyard dead. We're not going to play." Doj Warns Us Attorneys To Prepare For Criminal Investigations Ahead Of Nationwide Anti-trump Protests Uthmeier also weighed in on the upcoming protests, urging Floridians to prioritize their safety if they get caught in the middle of a demonstration. "If you're a family out there, you're driving and all of a sudden you get surrounded by one of these angry demonstrations that's turned violent," Uthmeier said. "You don't need to sit there and wait while people smash your window and damage your vehicle and put your family in jeopardy. Just drive, get yourself out of harm's way." Read On The Fox News App Ivey pointed to the ongoing chaos at anti-immigration protests throughout major cities across the country, before saying he "doesn't want to hear any whining later saying 'we didn't know.'" Anti-ice Riots Reveal The Left Has Learned Nothing. It's Just Handed Trump A Gift "As you watch these riots unfold across the country," Ivey said, "what you are seeing is buildings being burned down, police cars being bricked, having explosive devices thrown at them, having guns pointed at them, bricks thrown at them." Uthmeier went on to echo the statements from Ivey, adding, "we're grateful to have a great president and a governor that respects rule of law. In Florida, you're not going to see anything like you're seeing in California." The words of warning from officials come as authorities around the country are gearing up for a weekend of "No Kings" protests, which were organized by the 50501 Movement in response to President Donald Trump's inauguration earlier this year. The protests are scheduled to coincide with Trump's 79th birthday and an Army parade on Saturday, with organizers vowing the movement will remain peaceful. The 50501 Movement did not immediately respond to Fox News Digital's request for comment. Newsom Says Los Angeles Rioters Will Be Prosecuted, Slams Trump For 'Traumatizing Our Communities' "President Trump wants tanks in the street and a made-for-TV display of dominance for his birthday," the organization's website states. "A spectacle meant to look like strength. But real power isn't staged in Washington. It rises up everywhere else." Officials are expecting two protests within Brevard County, according to Florida Today. "Florida will never be California," Uthmeier said in a statement to Fox News Digital. "Rioting is illegal in our state and our law enforcement are on full alert this weekend. If anyone participates in violent rioting, threatens or injures law enforcement, damages businesses or property or obstructs traffic, we will ensure you will see the back of a jail cell and prosecute you to the fullest. Florida stands by President Trump, ICE and the rule of law." The Brevard County Sheriff's Department did not immediately respond to Fox News Digital's request for comment. Ivey closed the department's warning by acknowledging that peaceful protests "are part of our democracy." "Stand on the mountaintops and yell your opinion," Ivey said. "We invite that. But don't go breaking the law, because it won't go well for you."Original article source: Florida sheriff fires off blunt message to violent anti-Trump protesters: 'We will kill you graveyard dead'
Yahoo
a day ago
- Yahoo
Experts weigh in on key moments that could decide Karen Read's fate in murder trial
Karen Read's retrial in the death of Boston cop John O'Keefe is near an end after more than a month's worth of pivotal testimony. Experts say key moments decided the case in their minds. Now her fate is in the hands of jurors. For David Gelman, a Philadelphia-area defense attorney and former prosecutor, that moment was when special prosecutor Hank Brennan played police dashcam video of the crime scene, showing Read's frantic reaction to finding her boyfriend unresponsive in the snow. Fate Of Karen Read Now In Jury's Hands As Murder Trial Reaches Critical Phase "Showing the video of O'Keefe's body, the jury saw how Read reacted, and it really puts them at the alleged scene," he told Fox News Digital. "Seeing her reaction in the courtroom is a big moment. The jury I guarantee wanted to see her reaction." Jack Lu, a retired Massachusetts judge and Boston College law professor, said the key moments were peppered throughout the trial whenever Brennan played clips from Read's many televised interviews, putting her words in front of the jury without her taking the stand in her own defense. Read On The Fox News App "She boxed herself in," he said. Brennan reused some of those clips in his closing argument Friday to dramatic effect, he added. Karen Read Trial Nears Its Finale: What Each Side Is Banking On WATCH: Prosecution plays Karen Read interview clip before resting case in trial "I cannot identify a better trial lawyer I have personally observed in 40 plus years at the Massachusetts bar," he said of the special prosecutor. But the defense also put on a strong case in an effort to contradict the prosecution's entire theory about how O'Keefe died, according to Grace Edwards, a Massachusetts trial attorney who is closely following the case. "The pivotal point for me was learning that ARCCA, having been hired by the defense, did their own testing – and that testing proved there was no collision," she told Fox News Digital. "Add on the testimony of Dr. Laposata to say the injuries were not consistent with being struck by a vehicle and I was sold." Karen Read Announces She Will Not Testify In Her Defense As Massachusetts Trial Nears Conclusion ARCCA, a crash reconstruction firm, sent two scientists to testify in the trial. Both agreed that the damage to Read's car and injuries to O'Keefe were out of alignment. GET REAL-TIME UPDATES DIRECTLY ON THE True Crime Hub Jurors began deliberating around 2:40 p.m. Friday after both sides had an hour and 15 minutes to give closing arguments and Judge Beverly Cannone spent about an hour reading jury instructions. Cannone selected Juror No. 5 to be the foreperson. The court clerk randomly pulled Nos. 13, 7, 6, 17, 2, and 8 as alternates, and they will not take part in deliberations unless someone is excused. At 4:30 p.m., the judge sent jurors home for the weekend. Deliberations resume Monday morning. Read, 45, is accused of slamming her 2021 Lexus SUV into O'Keefe and leaving him to die on the ground in a blizzard on Jan. 29, 2022. Jurors heard more than 30 days of testimony in a trial that began on April 22. Before that was three weeks of jury selection. Follow The Fox True Crime Team On X Read's first trial ended with a deadlocked jury last year after the panel could not reach a unanimous agreement on all of the charges against her. She is accused of second-degree murder, drunken driving manslaughter and leaving the scene of a deadly accident. Brennan and defense attorney Alan Jackson gave impassioned closing arguments – with diametrically opposed conclusions about the case. Sign Up To Get The True Crime Newsletter The defense asserted that a sloppy investigation and a disgraced lead detective left too many questions unanswered and prematurely accused Read of a crash that never happened. "There was no collision," Jackson told jurors three times to kick off his final argument. Furthermore, police didn't investigate other potential sources of O'Keefe's injuries, interview key witnesses or even follow protocols at the crime scene. But Brennan countered that the defense theories are far-fetched and contradicted by clear evidence – the data from O'Keefe's phone and Read's car, as well as the taillight fragments embedded in his clothes. "She was drunk. She hit him. And she left him to die," Brennan said. "It's that simple." O'Keefe, described by friends as a selfless 46-year-old who took in his orphaned niece and nephew, may even have survived if someone had called for help after he fell, Brennan suggested. Gelman, who has won and lost in trials as both a prosecutor and a criminal defense attorney, said both sides put on powerful cases from start to finish. "Both closed strong," he said. "But if it's even, that's reasonable doubt."Original article source: Experts weigh in on key moments that could decide Karen Read's fate in murder trial
