The California Supreme Court on Monday unanimously overturned the death penalty for Scott Peterson, who was convicted of killing his wife, Laci, and their unborn son in 2002
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The court said the rules for dismissing potential jurors based on concerns about the death penalty were well established by Peterson's trial. In addition to challenging the removal of prospective jurors, Peterson had argued that massive pretrial publicity deprived him of a fair trial. Prosecutors in Stanislaus County must decide whether to try once again to seek the death penalty or agree to commute the sentence to life without possibility of parole.
"In deciding whether to seek a new death sentence, the question for prosecutors now is whether they can prove Mr. Peterson culpable for this crime to even a single juror seated through a fair jury selection process," Gardner said.
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