Live updates: Scott Peterson case returns to court after DA drops death penalty retrial
Update, 10:15 a.m.: Attorneys and Judge Anne-Christine Massullo are discussing the request to appoint Pat Harris as Peterson’s attorney.
“The court does not have enough facts,” Massullo said.
She said there has been confusion because Pat Harris initially stepped up as “private counsel”.
Update, 10:25 a.m.: Massullo said she needs more information, including a form filled out by Peterson to determine whether he is indigent, and from Public Defender Laura Arnold whether her office has a conflict.
Update, 10:30 a.m.: Prosecutor Dave Harris asked if the judge could set a sentencing hearing, given Fladager’s decision to drop the death penalty retrial. “As we view it, the matter would be set for a sentencing matter with a kind of a foregone conclusion (of a sentence of life without the possibility of parole).”
Update, 10:35 a.m.: Pat Harris raised the possibility prosecutors could change their mind about seeking the death penalty. if a new guilt phase trial is granted.
Dave Harris responded, “It’s our intention at this point in time ... we would prefer to go with life without the possibility of parole”. He said prosecutors made the determination after consulting with Laci Peterson’s family.
Update, 10:55 a.m.: After a short recess, the hearing resumed. Fladager said she wanted to put it on the record that prosecutors will not pursue the death penalty. “That matter is now dropped,” she said.
Update, 11:00 a.m.: The case has been continued until June 18. See The Bee’s full story later today.
Original story:
The case against Scott Peterson, convicted and sentenced to death in the 2002 murders of his wife and unborn son, returns to a courtroom at 10 a.m. today for the first time since prosecutors decided not to pursue the death penalty again.
Stanislaus County District Attorney Birgit Fladager filed a notice in court Friday saying she no longer plans to pursue the death penalty against Scott Peterson.
The notice, first reported by The Bee, says prosecutors met with Laci Peterson’s family to discuss what a new penalty trial would involve.
“While the family of Laci and Conner have no doubt that defendant is guilty of these crimes and that his conduct warrants the death penalty ... the family has decided this process is too painful to endure once again.”
Fladager and Chief Deputy District Attorney Dave Harris did not respond to attempts by The Bee to reach them Friday.
The decision means Scott Peterson’s sentence would remain life without the possibility of parole. It had reverted to that in August when the California Supreme Court overturned his death sentence for the murder of his wife, Laci, and their unborn son, Conner, because it said the trial judge erred by excluding potential jurors opposed to the death penalty. In a separate action, the California Supreme Court in October also ruled that a trial court must decide whether one of the jurors intentionally withheld information on a questionnaire in order to get on the jury.
The hearing today in San Mateo Superior Court, where the case was moved due to pretrial publicity, centers on who will pay for Peterson’s attorney.
Pat Harris, who served as second chair during the first trial, has been acting as Peterson’s attorney since his case was sent back to court last year.
Peterson is indigent and has a right to be appointed an attorney.
Harris filed a motion May 10 to be appointed as Scott Peterson’s attorney, which, if approved, would mean his services would be paid for by Stanislaus County at a rate of at least $125 an hour.
Assistant County Counsel Rob Taro filed an opposition to the motion, saying Harris hasn’t given adequate showing that Peterson is entitled to appointed counsel as opposed to an attorney from the public defender’s office or a conflict attorney that contracts with the county. Taro asked that the motion be denied and the Public Defender appointed.
This story was originally published June 1, 2021 at 10:03 AM.
