Judge denies nearly all DNA testing requests from Scott Peterson's defense
A California judge ruled against all but one DNA testing request from Scott Peterson's defense on Wednesday, as he continues his legal fight to clear his name of murder.
A jury convicted Peterson nearly 20 years ago of murdering his wife Laci and their unborn son Conner on Christmas Eve in 2002. Peterson appeared virtually from the Mule Creek State Prison where he is serving a life sentence. A judge overturned Peterson바카라 게임 웹사이트s death sentence in 2020.
Peterson바카라 게임 웹사이트s new team of lawyers with the LA Innocence Project requested that items gathered during the original murder investigation undergo DNA testing.
Here's how the judge ruled on the DNA testing of these items:
- Denied testing what the defense called a "blood-stained" mattress found in a burned-out van near the Peterson바카라 게임 웹사이트s Modesto home. The judge argued 2019 testing didn't show it was blood and there's no new technology that would change the results.
- Denied testing on a hammer and work glove found in a neighbor's home after a burglary.
- Denied testing on some of the items found in the San Francisco Bay, including a Target cement bag, duct tape from that bag, four packages of debris from the bag, duct tape from the Bay, a black tarp found 20 feet from where Laci바카라 게임 웹사이트s remains were discovered and a black tarp found a month later.
- Denied testing for the twine found on the neck of Laci's fetus Conner.
- Granted testing on 15.5-inch long duct tape found on Laci's pants during the autopsy. The pants were tested in 2013 but the judge said new advanced testing is available.
See photos of these items below:
A hearing has been scheduled for July to address any outstanding disputes regarding the identity of the DNA testing lab and who ]will pay for the DNA testing.
None of Peterson's wanted to comment after the judge's split decision.
What happened in court earlier
During the motions hearing on Wednesday, LA Innocence Project lead attorney Paula Mitchell spent the first 90 minutes discussing why the judge should allow the items for DNA testing or retesting.
She argued that new technology could determine whose blood was on the mattress that was recovered and if Laci was present in the back of the van. The items in the Bay could also be tested to see if they match the items in the van.
Mitchell also argued that the prosecution's case was based entirely on circumstantial evidence with no murder weapon, witnesses to the murder or determination of Laci's cause, time and date of death.
"This is an exercise in the search for the truth," Mitchell said. "We are trying to figure out what happened in this case."
The prosecution has argued there is no need for DNA testing as other evidence convicted Peterson. They have also said that Laci바카라 게임 웹사이트s family deserves the right to have the case over.
Special prosecutor David Harris said the request for testing "is the third bite of the apple" the defense is asking the court to address.
He called the request for DNA testing a "collateral attack" on the conviction and said it was inappropriate for the defense to drag the case out.
"There is no do over here to create a new set of facts," he said, adding that it was not fair to the victim's family who have been traumatized.
He argued that there was "no blood" on the mattress and that to describe it otherwise was inaccurate.
He also questioned how testing "floating debris" would eliminate environmental contaminants.
