A lawyer for Scott Peterson, convicted in 2004 of murdering his wife, Laci, told the California Supreme Court Tuesday that Peterson was denied a fair trial.
Laci Peterson, 27, four weeks shy of giving birth, disappeared on Christmas Eve in 2002. Scott Peterson told police he had left their Modesto home at 9:30 a.m. that day and driven to a marina in Berkeley. He said he went fishing in his new boat, returned home late that afternoon and called his mother-in-law, telling her that his wife was missing.
“The right to effective assistance of counsel includes the right to investigate your case in confidence,” argued Gardner, who has successfully represented other death row inmates.After the judge insisted on the prosecution’s presence for the experiment, Peterson’s defense dropped the request. He said pretrial media coverage was massive and included information on evidence that was deemed inadmissible. A San Francisco radio station bought a billboard in San Mateo County, showing Peterson in a jail suit, and asking people to vote on whether he was “man” or a “monster.”
Deputy Atty. Gen. Donna M. Provenzano, representing the prosecution, countered that the law required the court to overturn only the death sentence if a prospective juror had been improperly dismissed. She also defended the judge’s decision to allow two jurors into the boat while it sat on a trailer. The judge admonished the jurors, she said, to keep in mind that the stability of the boat would have been much different out in open water.
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