REDWOOD CITY, Calif. (Court TV) — A California judge has wrapped up a hearing that began on Monday regarding Scott Peterson‘s ongoing fight for a new trial.
Peterson, who attended the hearing via Zoom, is serving a life sentence for the 2002 murders of his pregnant wife, Laci Peterson, and the couple’s unborn son.
Scott Peterson appears virtually at a motions hearing on July 16, 2024.
Tuesday’s hearing tied up loose ends, including how DNA testing of a piece of duct tape found on Laci’s pants would proceed. On Monday, the defense and prosecution came to an agreement on which lab would conduct the tests.
The hearing also addressed the defense’s motion for access to discovery materials. The Los Angeles Innocence Project, which took over Peterson’s defense earlier this year, wants Judge Elizabeth Hill to grant them access to over 600 pieces of evidence which were gathered during the original murder investigation over 20 years ago.
The matter is known as a “1054.9” motion, which is California’s penal code regarding discovery evidence. The LA Innocence Project maintains that all of the prosecution’s evidence — even items not presented at the original trial — must, by law, be made available to Peterson. The LAIP went so far as to argue that some of those items were suppressed during Peterson’s 2004 trial.
Just a few of those 645 items include select reports of interviews from witnesses. Peterson’s attorney, Paula Mitchell, director of the Los Angeles Innocence Project, told Judge Hill that her team reviewed more than 10,000 tips that were called in and are only seeking those that corroborate the case.
WATCH | Judge Grants Scott Peterson Request To Test Duct Tape Evidence For DNA
One tip they hope to revisit circles back to a burglary that took place on or around Christmas Eve 2002 at the home of Rudy and Susan Medina. The Medinas lived diagonally across from the Petersons. The burglars, Steven Todd and Donald Pearce, were cleared as suspects in the initial investigation into Laci’s death and disappearance.
Specifically, Mitchell requested access to a report from Todd’s son’s teacher, who said that she called in a tip after Peterson’s conviction, but the police never called her back. The teacher, who did not wish to be named, stated that Todd’s son told her his mother had a history of selling babies in open adoptions. The teacher additionally reported that after she called in the tip, the boy spoke to her about knives and cutting a baby.
“It’s simple, Your Honor,” pleaded Mitchell, “If they don’t have it, they don’t have it. If it exists, we would have been entitled to it. If it doesn’t exist they can simply say it doesn’t exist.”
San Mateo County Superior Court Judge Elizabeth Hill presides over a motions hearing regarding Scott Peterson’s bid for a new trial. (Court TV)
Mitchell also requested access to Todd’s polygraph, wherein he admitted to frequent drug use. The LAIP is trying to pinpoint the extent of Todd’s drug use between Dec. 24-26. Todd subsequently testified that he was so high that he couldn’t accurately recall the events of the week, including the exact day he burglarized the Medina house.
Mitchell also asked for cell phone records that pertain to a Nokia phone purchased on Dec. 24. She argued that if the records indicate evidence of phone calls between Todd and Pearce, not only are they entitled to that evidence, but might they may be able to accurately identify when the burglary occurred.
Other tip line reports that Peterson’s attorneys are seeking access to include those from eyewitnesses who insist they saw Laci alive on Dec. 24, 2002.
Peterson’s defense was delivered a huge blow back in May when Judge Hill denied the team’s request to have 13 out of 14 items tested. The one item she OK’d was the 15.5-inch piece of duct tape. She agreed with the LAIP’s argument that testing the tape for human DNA other than Scott’s was worth a shot. If someone else’s DNA is detected, Peterson could be granted a new trial.
Judge Hill has 90 days to make her ruling on those outstanding pieces of evidence that the defense is seeking access to.
