Scott Peterson’s Death Sentence Overturned

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Sylkat
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24 Aug 2020, 1:55 pm

Apparently, a court has now declared that there was something wrong with the jury selection all those years ago, so Mr. Peterson should not be executed.
I’m not understanding why, if his attorney accepted/approved each jury member, the trial result or sentence can be overturned.
The decision was that he was guilty of 2 murders and that the appropriate sentence was death.
He was in his THIRD affair during his marriage (Google Amber Frey), and had told his girlfriend he was a widower.
Ms. Frey testified at the trial.
When arrested, his car was packed to move to Mexico.
I do NOT understand overturning his sentence!!


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vermontsavant
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24 Aug 2020, 2:03 pm

California takes so long to carry out executions,most end up dying of natural causes anyway.

Also the California Governor has put a moratorium on capital punishment as well.Its unlikely California will return to using the death penalty because of the states overall politics.

This is mearly academic.


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Fnord
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24 Aug 2020, 2:04 pm

Only the "Death" part of his sentence was overturned.  He isn't going anywhere.

For any arm-chair lawyers reading this...

Wikipedia wrote:
• On July 6, 2012, Peterson's attorney, Cliff Gardner, filed a 423-page appeal of Peterson's sentence, stated that the publicity surrounding the trial, incorrect evidentiary rulings, and other mistakes deprived Peterson of a fair trial.

• The State Attorney General's office filed their response brief on January 26, 2015.

• The defense filed a response to the State's brief in July 2015, claiming that a certified dog that detected Laci's scent at Berkeley Marina had failed two-thirds of tests with similar conditions.

• In November 2015, the defense filed a habeas corpus petition, claiming that a juror lied on her jury application, and that there was evidence that neighbors saw Laci alive after Scott left home.

• On August 10, 2017, the State Attorney General responded to the appeal by filing a 150-page document contesting the notion disputing the claims put forward in the appeal, stating that the appeal ignored "overwhelming evidence" that Peterson murdered Laci.  Supervising Deputy Attorney General Donna Provenzano stated that the timeline of the crime was established by the neighbor who found the Petersons' Golden Retriever, McKenzie, wandering in the street with its leash still attached, before the sightings of Laci and her dog.  Provenzano also indicated, "Purported sightings of Laci were legion," noting 74 reported sightings in 26 states and overseas, most of which she stated, were neither viable nor corroborated.

• In August 2018, the defense filed a reply, the sixth brief filed.  The brief included six claims of "deficient performance” by trial attorney Mark Geragos, such as failing to call experts in fetal growth, dog scent, how bodies move in water, stating that he would call witnesses but failing to follow through on this, and failing to properly address burglary evidence.

• On June 2, 2020 the California Supreme Court heard argument on Scott Peterson's appeal.  The defense argued that prospective jurors were improperly excused; that the trial judge improperly allowed two jurors on to Peterson's boat; that the judge erred in insisting the prosecution be present during defense testing of the boat; and that the motion to move the trial to another county should have been granted due to juror questionnaire results showing almost half of the prospective jurors had already concluded Peterson was guilty prior to the trial.  The prosecution countered that the California Supreme Court should only overturn the verdict if it were to find that a prospective juror was improperly dismissed, and that "there was 'no credible claim' that any of the 12 jurors who decided Peterson’s fate were unfair or partial."

• On August 24, 2020, the death penalty for Peterson was overturned.



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24 Aug 2020, 2:10 pm

On March the 13th 2019 in Sacramento,CA
Governor Gavin Newsom by executive order,put a moratorium on the states death sentences.

The motions made by Peterson's attorney's were just so if one day the executive order is overturned by another governor that then Peterson is still saved from a death sentence.I don't see California having a republican governor any time soon.The death penalty is dead on the west coast and in the northeast.

Florida and Texas continue to fry'em fast and cook'em quick :D


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24 Aug 2020, 2:20 pm

If he receives another trial, I could bet that he would not go free -- I would not bet the farm, of course...



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24 Aug 2020, 3:35 pm

From what I remember the state had a strong case,I could be wrong but I think the ruling only applies to the penalty phase,I don't think guilt or innocence is an issue.

Once your condemned to die you case and your appeals on the verdict are denied,then your case is given to a death penalty specialist.Death penalty specialists do one thing;Try with all there effort an imagination to get there client of death row.Once this is achieved then you get a regular appellate lawyer who deals in the innocence/guilt issues,but it takes time for the new lawyer to get up to speed on the case.

So expect Scott Peterson to now appeal the verdict but it will take some time and won't happen at this juncture,give it two years maybe.It's very rare for a death penalty appeals specialist to ever make an issue of the verdict,they only concern themselves overturning the punishment,so I think this new ruling only applies to the penalty phase.

But he's now off death row and so he will get a new appeals lawyer who specializes in the verdict,once he gets up to speed on his new clients case,expect an appeal on the verdict.


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Sylkat
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24 Aug 2020, 9:01 pm

But.
For 3 months (I believe) he was dating Amber Frey, whom he repeatedly told that he was a widower, that his wife was dead.
This was his 3rd affair during his marriage ( that is known about).
A new trial should only happen if there was a question of his guilt.
I don’t know of any new ‘evidence ‘ indicating that he is innocent.


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vermontsavant
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24 Aug 2020, 9:04 pm

Sylkat wrote:
But.
For 3 months (I believe) he was dating Amber Frey, whom he repeatedly told that he was a widower, that his wife was dead.
This was his 3rd affair during his marriage ( that is known about).
A new trial should only happen if there was a question of his guilt.
I don’t know of any new ‘evidence ‘ indicating that he is innocent.
His lawyer may file an appeal,I doubt he will get a new trial.


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25 Aug 2020, 10:13 am

Needs to rot in jail.


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25 Aug 2020, 10:17 am

Misslizard wrote:
Needs to rot in jail.
No need to worry,he's not going anywhere,I don't think the defense has any case.


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