Scott Peterson could soon be moved off death row, into a county jail. Here’s why.
Scott Peterson could soon be transferred from death row in San Quentin Prison to the jail in San Mateo County, where the penalty phase and possibly his entire case will be heard again 16 years after he was convicted and sentenced to death by a jury there.
During a hearing held by telephone Monday, Judge Anne-Christine Massullo said, “I want him to have timely and full and adequate access to his counsel; I have concerns about that happening at San Quentin.”
Attorneys representing Peterson said they have had no problems communicating with him by phone and are concerned about hazards in transferring him during the coronavirus pandemic.
Cliff Gardner said he didn’t think it was necessary to transfer Peterson so soon in the process while the hearings at this point are only status conferences.
With COVID-19 cases trending up, Massullo said it would be best to transfer him now because restrictions could prevent or delay it from happening in the future if cases continue to surge.
“That is the chief concern right now is to get the transport done and secured,” she said.
Gardner said he would consult with San Mateo County Jail officials and report back to Massullo by Nov. 16.
Scott’s sister-in-law Janey Paterson said by phone after the hearing, “I would think it’s probably better given the COVID circumstances not to transfer him, but we trust that if he is transferred, the proper care would be taken in protecting him and other inmates.”
The hearing Monday was the first related to Peterson’s petition for habeas corpus since the California Supreme Court sent it back to the lower court to determine if prejudicial misconduct occurred when a juror failed to disclose she’d been the victim of a crime and got a restraining order against the perpetrator.
The decision could lead to overturning his conviction for killing his wife Laci and their unborn son Conner and result in a new trial.
The Stanislaus County District Attorney’s Office already plans to retry the penalty phase after his death sentence was overturned by the California Supreme Court in response to his automatic appeal. The Supreme Court ruled the trial judge erred by excluding potential jurors opposed to the death penalty.
Judge Massullo, who is listed as a complex civil litigation judge in San Francisco Superior Court, has been assigned to oversee the case in San Mateo.
During Monday’s hearing, Massullo also granted the District Attorney’s Office an extension to Dec. 14 to file a return in response to the juror misconduct claim. Gardner would have 30 days after that to respond to the return.
The next status conference hearing is scheduled for Jan. 21.
This story was originally published November 9, 2020 at 3:34 PM.
