STOCKTON, Calif. — More than 17 years after opening statements were read in the murder case of Laci Peterson and her unborn son, the man found guilty in the murders, Scott Peterson is scheduled to appear in front of a judge again Friday.
Friday's court date in San Mateo County will begin a week-long evidentiary hearing on allegations of juror misconduct in the trial.
Peterson was found guilty in 2004 for the first-degree murder of his wife Laci Peterson and the second-degree murder of his unborn son, Connor Peterson.
Laci, who was eight months pregnant with Scott's son Connor, disappeared from their Modesto home on Christmas Eve in 2002. Her remains, as well as the remains of her unborn son, were found four months later in the San Francisco Bay.
Investigators said Peterson took the bodies from the Modesto home on Dec. 24, 2002, and dumped them from his fishing boat into the San Francisco Bay.
Peterson was sentenced to death and sat on death row for more than 15 years before the California Supreme Court overturned the death sentence in 2020 because of the improper dismissal of jurors, some of who disagreed with the death penalty.
Peterson was resentenced in December by Judge Anne-Christine Massullo to life in prison for the murder of his wife and 15 years to life in prison, to be served concurrently, for the murder of his unborn son. Judge Massullo says he will not be eligible for probation.
For years, Peterson's defense team has alleged juror misconduct in the trial, requesting a new trial. Peterson's attorneys filed a habeas corpus appeal alleging that the trial was unfair.
A majority of the claims by Peterson's defense center around Richelle Nice, a juror who convicted Peterson. The defense alleges that Nice was biased and had lied under oath when answering questions before being assigned to the jury.
The evidentiary hearings on the allegation are slated to be held in court in San Mateo County beginning Friday and ending on Mar. 4.
Blake Wilson, a legal expert and professor at Stanislaus State has been following the case and spoke with ABC10 on his views of the case and what could come next following Friday's hearing.
Where the case could go
Wilson explains that there are two types of appeals, in this case, a direct appeal and a habeas corpus appeal. Direct appeals, such as the one which resulted in Peterson's resentencing, are based on evidence from the court.
Habeas corpus appeals, which judges are not required to hear, allow the petitioners to include evidence not already recorded in court. The judge in Peterson's case granted a hearing to hear evidence behind the appeal.
"When a habeas corpus petition is filed, a judge has a couple of options: One of them is to deny it, two is to grant the evidentiary," Wilson said. "Getting the hearing itself is somewhat unusual, it certainly happens."
Following the hearings, the judge will issue a ruling denying the habeas corpus appeal or accepting it and granting a new trial. If the judge denies the appeal, that can also be appealed by the defense to the California Supreme Court.
"The job of the judge tomorrow is to determine whether taken as a whole, these allegations are going to rise to the level where the judge feels that they were substantial enough to create a lack of faith in the guilty verdict and the punishment," Wilson said. "We would expect the judge to explain their ruling."
What experts expect
Even though the judge granted a hearing on the habeas corpus appeal, Wilson says that does not mean the judge will also grant a new trial
Based on the evidence and allegations in the habeas corpus appeal so far Wilson believes that Peterson's defense team is facing an "uphill battle". He expects the judge to deny the appeal.
"It would have to have to rise to a level where we no longer have faith in the accuracy of the guilty verdict, and I think that's going to be an uphill battle," Wilson said. "Personally, I would be surprised if the judge were to grant the motion for new trial based on the allegations of the defense."
The hearing is expected to begin at 8:30 a.m. Friday.
Watch more on the Peterson case from ABC10: Scott Peterson Case Update: Defense Attorney Pat Harris reacts to life in prison resentencing
