A California judge ruled Wednesday that only one item from a list of evidence collected in the case of a man convicted two decades ago of killing his pregnant wife should be subjected to new DNA testing.
The Los Angeles Innocence Project argued in court that some evidence was suppressed during Scott Peterson’s trial, but the judge ruled that only the duct tape found on Laci Peterson’s pants should be retested.
The defense had argued that the tape contained human DNA that would suggest someone other than Peterson was responsible for his wife’s death. A hearing to discuss the terms of the test is scheduled for July 1.
The prosecutor’s office rejected the request for an examination. Peterson told the court that the evidence had already been tested in 2019, but his lawyers argued that the limited testing was inconclusive.
They also wanted new tests on a bloody mattress found in the burnt-out van the day after Rashi disappeared.
The judge ruled that a 2019 test showed no bloodstains on the mattress fabric, which Peterson’s team had requested be tested again. The judge also agreed with the prosecution’s argument that the van was unrelated to Peterson’s case and that the defense had failed to prove that.
Similarly, the judge ruled that the defense failed to prove that items found near where Laci Peterson’s body washed up on shore directly related to her and her unborn child.
The judge said the gloves and hammer found at the Petersons’ neighbor’s home had never been kept by police and therefore were not subject to re-examination.
A jury found Peterson guilty in the death of his wife, who was eight months pregnant with their son when her body washed up on shore. Prosecutors at the time alleged that Peterson faked her disappearance to cover up the fact that he had abandoned her body at a Berkeley Marina on Christmas Eve 2002.
He was originally sentenced to death, but the California Supreme Court overturned the conviction in 2020 and resentenced him to life in prison without the possibility of parole.
Peterson has always maintained his innocence, and his defense argued at trial that Laci was killed when he happened upon a robbery scene.
Last year, he petitioned for a meeting with the judge based on new evidence and possible juror misconduct, alleging one juror had concealed details and lied about his personal life.
Peterson’s lawyers argued that the juror’s failure to disclose that she was a victim of domestic violence amounted to “bias misconduct.” She has written a book about the case with other jurors and denies that she was influenced by her own experiences.
Peterson previously lost a motion to be retried in 2022 for juror misconduct after Superior Court Judge Ann Christine Massullo ruled that although the woman made false statements on her jury questionnaire, her answers were the result of a “combination of good faith misunderstanding of the questions and sloppy answers.”
The Los Angeles Innocence Project, known for its work to exonerate the wrongfully convicted, has taken on Peterson’s case.
The nonprofit has filed requests for post-conviction discovery and new DNA testing in an effort to overturn Peterson’s conviction.
