MODESTO, CA - JANUARY 14: Scott Peterson (L) listens to prosecutor Joseph Distaso respond to defense attorney Mark Geragos' petition for dismissing double murder charges against Peterson January 14, 2004 in Modesto, California. Judge Marie Sovey Silveira denied the petition. Peterson is charged with killing his wife, Laci, and unborn son, Connor, early Christmas Eve morning in 2002. (Photo by Bart Ah You-Pool/Getty Images)
Los Angeles, California – Attorneys representing convicted killer Scott Peterson have filed a petition with the California Court of Appeals, claiming to have uncovered “substantial new evidence” that could exonerate him of the 2002 murders of his wife, Laci Peterson, and their unborn son, Connor. The 400-page petition, submitted on Friday by the Los Angeles Innocence Project (LAIP), argues that Peterson’s conviction was based on circumstantial evidence and mismanagement of the investigation.
Peterson, now 52, was convicted in 2004 for the murder of his wife, who was eight months pregnant at the time of her death. Prosecutors alleged that Peterson dumped Laci’s body in the Berkeley Marina on December 24, 2002, after murdering her. The remains of both Laci and Connor washed up on a shore months later. Peterson’s 2005 death sentence was overturned in 2020, and he was resentenced to life in prison without the possibility of parole in 2021.
The newly filed petition centers on the argument that critical evidence was withheld from jurors during the trial. Peterson’s attorneys assert that police and prosecutors mishandled the investigation, including the destruction of evidence. They are asking the court to vacate Peterson’s conviction, citing the recently discovered evidence that could change the outcome of the case.
A significant portion of the new evidence involves a burglary that occurred across the street from the Petersons’ home on Christmas Eve, the night Laci went missing. According to the petition, a witness allegedly overheard burglars discussing their encounter with Laci, suggesting that she was alive when Peterson left for his fishing trip. This contradicts the prosecution’s theory that Peterson killed Laci before going fishing.
The petition also points to the presence of a burned-out van near the Petersons’ home, with a scorched mattress containing bloodstains inside, which was not presented during the trial. Additionally, Peterson’s attorneys argue that the initial death date for Connor was incorrect and that he may have lived for several days longer than previously believed.
Furthermore, the petition challenges the prosecution’s timeline, asserting that the bodies of Laci and Connor could not have drifted from Peterson’s fishing spot to where they were recovered. Instead, the filing suggests that the bodies were placed in the water at a different location, the Albany Bulb, which could be accessed by car or foot, not by boat.
The new petition also includes scientific and medical research that casts doubt on the prosecution’s theory. “Every aspect of the prosecution’s theory as to how the crimes in this case were committed has now been shown to be false,” the petition concludes.
John Sonego, Chair of the Board of Trustees for LAIP, emphasized that the pursuit of justice continues. “Any injustice must be made right. The evidence in this case has been – and will continue to be – our guide,” Sonego said in a statement on Monday.
