The Scott Peterson case is not over. Here’s what could happen next
Judge Anne-Christine Massullo ruled Tuesday that Scott Peterson’s murder convictions will stand, rejecting his claim that a juror on his original 2004 trial was biased against him, but there are still legal avenues he can pursue.
His attorney, Cliff Gardner, stated Tuesday afternoon that the fight is not over.
As part of his overall statement about Massullo’s decision, Gardner said: “While we are disappointed with the judge’s ruling that these lies made no difference, given the importance of honest jurors to a fair trial, we look forward to pursuing this issue in the higher state and federal courts.”
While Peterson, convicted of murdering his wife and unborn son, cannot appeal the judge’s ruling, he can bring a new habeas petition with new information to the state Court of Appeals and the California Supreme Court on the single juror misconduct claim – a process that can take several more years.
If he lost at every level, Peterson could take the original entire habeas petition – all 19 claims filed in state court plus any new evidence that has surfaced – to federal court.
In addition to Peterson’s claim against juror Richelle Nice, the other claims in his original petition include ineffective counsel by his trial attorney, and doubts about the credibility of some expert testimony and aspects of the investigation like a cadaver dog with a poor track record.
The process can take several years at each level of the legal system.
A federal habeas petition would start in the U.S. Northern District Court, because the case was tried in San Mateo County. If Peterson lost his case there, it could be appealed to the U.S. Ninth Circuit Court of appeals and finally, he could seek review of the habeas petition by the U.S. Supreme Court.
It’s extremely unlikely the U.S. Supreme Court would grant such a review. The court hears 80 to 85 cases of the 5,000 to 7,000 it receives each year.
This story was originally published December 20, 2022 at 2:25 PM.
