Scott Peterson's conviction for murdering his pregnant wife Laci and their unborn son will be re-examined just weeks after California Supreme Court overturned his death sentence because a juror 'lied about being the victim of a crime'
Scott Peterson's conviction for murdering his pregnant wife Laci and their unborn son will now be re-examined less than two months after the California Supreme Court overturned his death penalty.
The state's highest court on Wednesday ordered the San Mateo County Superior Court, which is where Peterson was initially tried in 2004, to consider whether he should be given a new trial.
It comes just weeks after the state Supreme Court overturned Peterson's death sentence, citing 'significant errors' in jury selection.
Peterson's attorneys had filed a separate petition giving several reasons why his conviction should be overturned as well, the Los Angeles Times reports.
The court agreed that one matter needed to be looked at to determine if Peterson should get a new trial based on a juror failing to disclose that she had been involved in prior legal proceedings.
That juror, Richelle Nice, did not disclose that she had filed a lawsuit in 2000 to obtain a restraining order after her boyfriend's ex-girlfriend harassed her while she was pregnant.
The juror said in her lawsuit that she feared for her unborn child.
In a case that garnered worldwide attention, Peterson was convicted in 2004 of first-degree murder of his 27-year-old wife Laci Peterson, who was eight months pregnant. The couple are pictured on their 1997 wedding day
The basis of re-examining the conviction comes after the court found a juror committed 'prejudicial misconduct' for not disclosing prior legal proceedings. The juror Richelle Nice didn't disclose that she filed a lawsuit in 2000 to obtain a restraining order after her boyfriend's ex-girlfriend harassed her while pregnant
Nice, who was among the jurors to jointly publish a book about the case, has denied those claims that she lied just to get on the jury. She is pictured above in the center with red hair alongside other members of the jury in 2004
Peterson's attorneys said that when asked as a potential juror whether she had ever been a victim of crime or involved in a lawsuit, she responded no.
His attorneys have previously claimed Nice deceived the judge to get on the jury for the high profile case.
Nice, who was among the jurors to jointly publish a book about the case, has denied those claims that she lied just to get on the jury.
In a case that garnered worldwide attention, Peterson was convicted in 2004 of first-degree murder of his 27-year-old wife Laci Peterson, who was eight months pregnant.
He also was convicted of second-degree murder of his unborn son, Connor.
Peterson has maintained his innocence.
Laci had disappeared on Christmas Eve back in 2002 from their home in Modesto, California.
Her husband told police that he had left that morning to go fishing in Berkley. When Peterson returned home that night, he said he called his mother-in-law to ask if Laci was there before subsequently reporting her missing.
Investigators say Peterson dumped his wife's body from his fishing boat into San Francisco Bay the night they were reported missing
Peterson was eventually arrested after Amber Frey, a massage therapist living in Fresno, told police that they had begun dating a month before his wife's death
Prosecutors contended that Peterson dumped their bodies from his fishing boat into San Francisco Bay where their bodies washed ashore nearly four months later in April 2003. They were found a few miles from where Peterson had said he was fishing.
The fetus washed up first and had a nylon rope around the neck and a large cut on the body. Laci's body washed ashore a mile away the following day with tape wrapped around her torso.
Both bodies were too decomposed to determine cause of death.
Investigators chased nearly 10,000 tips and considered parolees and convicted sex offenders as possible suspects while Peterson helped lead the search.
He was eventually arrested after Amber Frey, a massage therapist living in Fresno, told police that they had begun dating a month before his wife's death but that he had told her his wife was dead.
In August, the state Supreme Court overturned Peterson's death sentence with the justices citing 'significant errors' in jury selection that meant Peterson did not receive an impartial trial.
The court agreed with Peterson's argument that potential jurors were improperly dismissed from the jury pool after saying they personally disagreed with the death penalty but would be willing to follow the law and impose it.
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