The death penalty is sought for Scott Peterson, convicted of killing his pregnant wife

US prosecutors will again seek the death penalty for Scott Peterson, even as a county judge considers dropping his conviction for murdering his pregnant wife due to jury misconduct during a 2005 trial that captivated the nation.

Stanislaus County Deputy District Attorney Dave Harris announced Friday (Saturday NZT) that it is the intention of prosecutors to retry the sanction phase of the case, spokesman John Goold said after a court hearing.

Peterson, 47, with a tousled haircut and a mask designed to prevent the spread of the coronavirus, appeared remotely in the Modesto courtroom from San Quentin State Prison north of San Francisco, home to the corridor. of the death of California.

District Attorney Birgit Fladager acted after the California Supreme Court reversed Peterson’s 2005 death sentence in August in a case that garnered global attention.

The state’s superior court upheld his conviction in that ruling. But the same judges ordered a new hearing in San Mateo Superior Court in October to determine whether his underlying murder conviction should also be dismissed if a juror committed “harmful misconduct.”

“He’s innocent, an innocent man has been in jail for 15 years. It’s time to get him out,” attorney Pat Harris told reporters outside the courtroom, explaining why he is taking the case again.

He was also on Peterson’s original trial team along with famous attorney Mark Geragos.

Janey Peterson, his sister-in-law, said the family is looking forward to their new day at court.

“We still need justice for Laci, Connor and Scott,” he told reporters. “We don’t have justice for Laci with Scott on death row, because Scott is innocent.”

Peterson was convicted in San Mateo Superior Court after his trial was moved from Stanislaus County due to the massive pre-trial publicity that followed the disappearance of 27-year-old Laci Peterson, 27-year-old, that she was eight months pregnant with her unborn child. , Connor.

Investigators say Peterson removed the bodies from his home in Modesto and dumped them from his fishing boat into the San Francisco Bay, where they were found months later.

The Supreme Court said his death sentence could not be upheld because prospective jurors were improperly removed from the jury pool after saying they personally disagreed with the death penalty, but would be willing to follow the law and impose it. .

In the second ruling, she ordered a San Mateo judge to decide whether the conviction itself should be vacated because a juror did not reveal that she had requested a restraining order in 2000 against her boyfriend’s ex-girlfriend.

The jury said while seeking the order that they feared for their unborn child.

The San Mateo judge will have to decide whether that was jury misconduct and, if so, whether it was so damaging that a new trial is warranted.

Pat Harris said it was “a sandbag” by prosecutors’ surprisingly quick announcement that they would be seeking the death penalty again, and said he needs to consult with Peterson before agreeing to postpone the sentencing phase until the judge decides. if you set aside the underlying conviction.

They set a new court appearance for November 6.

“It’s been 15 long years and as you can imagine, there are ups and downs, but overall I was very happy that the court is basically looking at the motions, the evidence and has given you two separate chances here. So we’re excited about that. “said Pat Harris of Peterson’s reaction to the dual superior court rulings.

Peterson was convicted of the first degree murder of his wife and the second degree murder of their unborn child.

Peterson was arrested after Amber Frey, a masseuse who lives in Fresno, told police that they started dating a month before his wife’s death, but that he had told her that his wife was dead.

Despite ruling out the death penalty, the Supreme Court said there was considerable incriminating circumstantial evidence against Peterson, including that he investigated ocean currents, bought a boat without telling anyone, and couldn’t explain what kind of fish that fish was trying to catch. day. .

He also sold his wife’s car, considered selling his home, and turned the baby’s nursery into a storage room before their bodies were found, the court said in August, all indicating that “he already knew that Laci and Conner would never return. “.

California has not executed anyone since 2006 due to legal challenges, and Democratic Gov. Gavin Newsom issued a moratorium on executions while he is governor.