Judge gives mom Peterson life insurance

Sharon Rocha's quest to recover the proceeds of a $250,000 life insurance policy on her daughter, Laci Peterson,ended Friday.

Stanislaus County Superior Court Judge Roger Beauchesne ruled in favor of Rocha, reconfirming two previous judgments he made in the case.

He also noted the "tortured procedural history" that led to his final decision. The court has heard the case once a month since September.

Under state law, people who kill their spouses give up their inheritance rights. But Scott Peterson of Modesto maintains his innocence and would not give up his claim to the life insurance proceeds while his case is appealed.

In September, the judge issued a tentative ruling saying the money should go to Rocha, who is the executor of her daughter's estate.

Then he put the case on hold so attorney Adam Stewart of Modesto, who represents Rocha, could submit proof of Scott Peterson's guilt.

Stewart said Peterson's Nov. 12, 2004, conviction and Dec. 13, 2004, death sentence were self-evident, but he promised to comply with the court rules.

In October, Stewart attached a copy of the judgment against Scott Peterson to his legal pleadings, and Beauchesne ruled in Rocha's favor.

There was no opposition because Peterson's attorneys did not attend the hearing.

In November, Peterson's attorneys claimed Stewart misled them and said they believed the previous hearing had been canceled.

The judge recalled the case, vacated his previous order and set a December hearing so both sides could take one last shot at the issues.

Friday, attorney Pat Harris of Los Angeles, who represents Scott Peterson, said the insurance proceeds should not be transferred while his client's case is on appeal.

He also argued that the documentation Stewart provided is not proof of Peterson's guilt. He said Stewart should have given the court affidavits from investigators or portions of the trial transcript.

"We will submit to the court that a full-blown trial isn't necessary, but there has to be some evidence," Harris said.

Death penalty cases are automatically reviewed by the California Supreme Court and can proceed to the federal court system if they lose in state court. The process can take decades.

Stewart said Rocha should not have to wait.

"We have a felony conviction," he said. "That is evidence the court can look at."

Beauchesne concluded there was no issue worthy of a trial, and he sided with Rocha for the third and final time.

The Petersons took out life insurance policies on each other on June 25, 2001, a year and a half before Laci Peterson's disappearance prompted a massive search throughout Modesto and the depths of San Francisco Bay.

Bee staff writer Susan Herendeen can be reached at 578-2338 or sherendeen@modbee.com.

This story was originally published December 17, 2005 at 7:31 AM with the headline "Judge gives mom Peterson life insurance."