Scott Peterson to learn next spring whether he will get a new murder trial
The evidentiary hearing that will determine whether convicted killer Scott Peterson gets a new trial has been scheduled for February.
The schedule was discussed during a hearing for Peterson on Wednesday, along with logistics about how many people and who should be allowed to attend his upcoming resentencing hearing in December.
Peterson has the chance to get a new trial for the 2002 murders of his wife, Laci Peterson, and their unborn son, Conner, based on allegations in that juror Richelle Nice lied on her jury questionnaire about being the victim of a crime or party in a lawsuit.
The California Supreme Court ordered the case back to San Mateo Superior Court, where the trial was held in 2004, for a judge to determine if juror misconduct occurred and if Peterson should get a new trial.
Judge Anne-Christine Massullo scheduled the evidentiary hearing for Feb. 25 through March 4. She will have 90 days after the matter is submitted to issue a decision.
Nice’s attorney, Geoffrey Carr, has said Nice will exercise her Fifth Amendment rights against self-incrimination if she is not granted immunity from a perjury charge.
Massullo asked attorneys on both sides to submit briefs by Nov. 17 about whether a witness in a habeas proceeding can plead the Fifth.
Death sentence overturned
Separate from the habeas matter, the California Supreme Court overturned Peterson’s death sentence last year. He is scheduled to be resentenced to life without the possibility of parole on Dec. 8.
Stanislaus County District Attorney Birgit Fladager said family and friends of Laci plan to give victim impact statements at the resentencing, just as many of them did when he was sentenced to death in 2005.
During Wednesday’s hearing, Massullo discussed with attorneys how many people from Laci Peterson’s family and how many from Scott Peterson’s family planned to attend the hearing. She said she will require vaccinations or a negative COVID test to attend and observe social distancing by grouping people who regularly associate.
She said she could likely fit up to 16 of Laci Peterson’s family and friends in the jury box.
When Massullo said she could reserve six seats for Scott Peterson’s family, his attorney Pat Harris said, “I understand the COVID situation but it’s a large courtroom and I think Mr Peterson ... has the right to have as many supporters and people in his family to be present for his resentencing.”
He said he plans to request the judge limit the number of people who give victim impact statements.
“People have had an opportunity to speak, they have had an opportunity to chastise Mr. Peterson as they saw fit or to make their emotions known or their feelings known, which is certainly their right,” Harris said. “But this is a resentencing, and to now allow everyone to come in and go through the same thing again, while limiting Mr. Peterson’s family, I don’t believe that’s right.”
Massullo said she is not aware of any law that would allow her to limit the number of people giving statements but asked Harris if he did. He said he would research it.
Harris told The Bee on Tuesday that Peterson has expressed interest in making a statement at the resentencing hearing, but Harris said he hadn’t spoken to Peterson recently and doesn’t know if he still plans to.
This story was originally published November 10, 2021 at 12:39 PM.
