Protected information left in Scott Peterson exhibit leads to delay in new trial decision
A Social Security number in an exhibit for Scott Peterson’s habeas corpus case has led to yet another delay in the decision about whether he will get a new trial on the grounds of juror misconduct.
“A rule of court has been violated,” Judge Anne-Christine Massullo said during a hearing Wednesday, two days before what would have been the deadline to issue her decision.
But the clock on that deadline stopped Dec. 8 when Massullo called the hearing after finding the Social Security number, which violates a rule of court that “is intended to protect personal privacy and other legitimate interests when documents are filed in the court and open to the public.”
She said once she issues her decision, those exhibits will be made available to the public, so the issue needs to be addressed before then.
The Social Security number was left in Exhibit 1 for Scott Peterson’s team, which contains documents for a 2000 civil restraining order involving the juror in question, Richelle Nice.
Nice was an alternate who, after two other jurors were excused, eventually joined the jury that convicted Peterson of killing his wife, Laci Peterson, and their unborn son, Conner.
Peterson’s attorneys allege Nice was a biased juror who lied in order to serve on his trial, to find him guilty and benefit financially from the notoriety of the case.
The crux of their argument are answers on her jury questionnaire, which said she was never the victim of a crime or a party in a lawsuit.
Nice was listed in police reports as a victim of domestic violence by her boyfriend in 2001 and a year prior had filed a restraining order against that boyfriend’s ex-girlfriend after she’d vandalized their home.
Nice has said that she never considered herself a victim, that her boyfriend never hit her, and that she didn’t know a restraining order was a type of lawsuit.
Judge Massullo told Peterson’s attorneys that the issue with the Social Security number needed to be addressed and a new redacted copy of the exhibit filed by Thursday morning.
Additionally, she said all other exhibits needed to be reviewed to ensure no other personal information was left in. She gave attorneys until noon Friday to file declarations saying whether any other redactions needed to be made. If there are, Massullo said those redactions needed to be made and the exhibits resubmitted by the end of day Friday.
Massullo did not indicate when she would have her decision but the time for her to issue it will remain paused until at least Friday.
It’s still possible, while unlikely, she could issue her decision Friday but her legal deadline has so far been pushed back into at least next week.
This story was originally published December 14, 2022 at 12:02 PM.
