Nearly 22 years following the conviction of Scott Peterson for the murder of his pregnant wife, Laci, his legal team asserts that newly uncovered evidence could lead to the overturning of his infamous conviction.
Attorneys representing the 53-year-old through the Los Angeles Innocence Project (LAIP) claim they have unearthed information that might challenge one of America's most high-profile murder cases. Their findings are detailed in a new two-part A&E docuseries titled "Scott Peterson: The New Evidence."
A retired Los Angeles Police Department detective, Kristin Toosbuy, who is featured in the docuseries, expressed concerns about the initial investigation. "That wasn't done in this case," she stated. "That alone, just that alone, got me very interested in looking deeper into the matter. I think that Scott Peterson does deserve a new trial. I think any individual who's not given a fair trial to begin with deserves that. That is our system in the United States. A new trial would be the right course of action."
Prosecutors in the original trial contended that Peterson murdered his eight-month pregnant wife, Laci, on Christmas Eve 2002, subsequently disposing of her body in San Francisco Bay. The remains of the 27-year-old and their unborn son, Conner, were discovered months later. A jury found Peterson guilty and he was initially sentenced to death; however, this sentence was later overturned. He is currently serving a life sentence without the possibility of parole.
Unexamined Witness Accounts Raise Questions
The docuseries highlights 15 individuals who reported seeing Laci walking her dog, McKenzie, on the morning of December 24, 2002. These reported sightings occurred after the time Peterson informed investigators he had already departed for a fishing trip in San Francisco Bay. Toosbuy identified the handling of these witness accounts by investigators as a critical flaw in the case.
"Why wasn't this absolutely exhausted?" Toosbuy questioned. "Why wasn't this followed all the way through? You've got witnesses, people in the neighborhood, who reached out to Modesto PD once they heard there was a missing person's investigation going on.""Basic missing person investigation 101 is to track down every one of those leads, interview them and determine whether they're credible, whether they were actually in a position to have seen Laci. And if they, in fact, do seem to have been in a position, take them back to where they last saw her. Physically go to the area and take a look."
Toosbuy emphasized that these investigative steps were not taken. "If you had witnesses who could confirm that they did see Laci at the park or in the neighborhood, and this would've been at the time after Scott already left for the marina, then that would've immediately excluded him as a suspect. If you have multiple people saying the same thing, then he could not have been the suspect or the murderer."
Conversely, prosecutors have consistently maintained that many of the reported sightings were either unreliable or inconsistent.
Chris Pixley, an Atlanta-based defense attorney who appears in the docuseries, suggested that Modesto police largely dismissed these varied accounts, and Peterson’s defense team chose not to present any of these witnesses at trial. He pondered, "You have to wonder whether the trial would have had a different outcome."
Burglary and Potential Evidence
Peterson's legal team also argues that law enforcement did not thoroughly investigate a burglary reported at the home of Rudy and Susan Medina, located directly across the street from the Petersons, on the morning Laci vanished.
A short distance from Peterson's residence, a burned-out van containing a mattress with what appeared to be bloodstains was discovered on Christmas Day. Peterson's attorneys have put forth the theory that Laci might have interrupted this robbery and subsequently been abducted and killed by the perpetrators.
Toosbuy believes that the Modesto Police Department fixated on Peterson early in the investigation, leading them to quickly discard alternative theories.
"I think it's bizarre that you find a van that was burned not far from Laci's neighborhood and do not explore the possibility that it's related," Toosbuy commented. "I'm not saying that we know for sure it's related. Of course not. However, it's suspicious, and you've got a woman who's now missing. Both of those things are unusual in a neighborhood like Modesto. You need to investigate whether there is a connection so that you can either eliminate the van or go further. It just leaves more questions than answers."
When asked about the current feasibility of obtaining DNA for testing, Toosbuy responded, "I don't know how much there is, and the courts would also have to OK it." She added, "There are some legal procedural things that would have to take place. But from an investigative standpoint, I think it's really important that we find out what's on that mattress, if the possibility is there."
The two individuals convicted in connection with the Medina burglary denied any involvement in Laci's disappearance and were never charged in relation to her death. Prosecutors have maintained that no evidence linked the burglars to Laci's disappearance, stating that the Medina burglary occurred on December 26, after she had already vanished.
Attorneys for LAIP have contended that only a small section of the mattress fabric was subjected to DNA testing, which they deem "insufficient to determine whether DNA from Laci and/or Conner was present." Court documents show that previous testing did not identify Laci's DNA on the tested portion of the mattress, but LAIP asserts that this testing was incomplete.
Other Contentions from the Defense
Investigators later discovered Peterson was engaged in an affair with massage therapist Amber Frey, to whom he falsely claimed he was a widower experiencing his first holiday season alone.
Toosbuy acknowledged this aspect of Peterson's behavior but cautioned against drawing conclusions solely from it. "Having an affair is not a nice thing," she said. "But having an affair does not automatically make you a murderer, either. It could make you a bad husband, but it doesn't necessarily make you a murderer. Just because he made some bad decisions, that does not necessarily mean he's the person who killed Laci Peterson." She further admitted, "I'll be the first one to admit that there were things that he did that were really unwise, really dumb things."
The docuseries also notes that Laci's remains were found in Richmond, California, with Conner's body discovered approximately a mile away. During the trial, hydrologist Ralph Chen testified that, based on wind data, Laci's body might have been placed in the water between Brooks Island and the Berkeley Marina, the location Peterson stated he was fishing.
However, an expert retained by LAIP employed Delft3D hydrodynamic modeling, a system that simulates wind and water movement. This expert concluded that Laci could have been placed in the shallow waters off Albany Bulb, a park accessible only by trail, several miles from Peterson's purported fishing spot.
Handwritten notes also form part of the new arguments. At trial, prosecutors claimed Peterson bought a fishing boat on December 9, 2002, and secretly stored it, intending to use it to dispose of Laci's body. Peterson's current attorneys state that notes found at the home, reviewed by a forensic examiner, appear to indicate Laci was aware of the boat and may have been purchasing equipment for it from marine supply stores.
Current Legal Status
In April, San Mateo County Superior Court Judge Elizabeth Hill rejected Peterson's latest petition, filed by LAIP, to overturn his conviction. Stanislaus County District Attorney Jeff Laugero commented in May that Judge Hill recognized "the most recent attempt to undo the jury's verdict for what it was — nothing more than recycled, repackaged and rebranded arguments." Laugero added, "Laci, Conner and their family deserve the finality that justice promised them."
Peterson’s attorneys have indicated their intention to appeal this decision to a higher California court.
Regarding the ongoing efforts, Toosbuy remarked, "I do think there are some really compelling things that have come out of the Los Angeles Innocence Project's efforts." She concluded, "Ultimately, everybody's going to make their own decision about what was done, what was not done."
