The judge approved one of the 14 elements requested by the defense.
A California judge has largely denied a request from Scott Peterson’s defense team for new DNA testing in his case, as the Los Angeles Innocence Project searches for evidence proving he did not murder his wife and her unborn child.
The LA Innocence Project, which took over Scott Peterson’s case last year, had requested that 14 items be tested or retested for DNA. On Wednesday, a San Mateo County judge denied the request for all but one item: duct tape recovered from the pants of his wife, Laci Peterson, at the time of her autopsy.
An excised portion of this band was DNA tested in 2003 and found to contain human DNA, but “the DNA was not of acceptable quality to generate a profile” at that time – there, says the motion.
Laci Peterson, 27 years old and eight months pregnant, disappeared on Christmas Eve 2002. Her body was found in San Francisco Bay in April 2003.
Scott Peterson, 51, was arrested and charged with first-degree murder in the death of his wife and second-degree murder in the death of their unborn son. He was convicted in 2004 and sentenced to death in 2005. He was later sentenced to life in prison without the possibility of parole.
During the hour-long hearing in San Mateo County on Wednesday, the Los Angeles Innocence Project argued there was no forensic evidence supporting that Scott Peterson killed his wife and their unborn child , while prosecutors stuck to the original decision.
“The defendant’s argument is that there is a fundamental fairness claim that requires this test. The argument is flawed and legally incorrect,” David Harris, the original Stanislaus County prosecutor, told the court. “The defendant says the prosecution should want to know, in an effort to shame us into accepting this test. People know the truth – we know Scott Peterson is guilty and was convicted of murdering his wife . and the unborn son.
Lawyers for the LA Innocence Project claimed that Scott Peterson’s state and federal constitutional rights were violated, including a “claim of actual innocence supported by newly discovered evidence,” according to court documents filed in January.
His lawyers are also seeking dozens of items they say they were unable to locate after reviewing his previous attorney’s trial records “after an extensive search,” according to court filings. Items include evidence from investigations into a December 2002 burglary of a house across the street from the Peterson home in Modesto in Stanislaus County, Laci Peterson’s missing Croton watch and a van fire in the District of airport on December 1, 2002. 25 2002, according to the documents filed. They are also seeking documents from interviews with several witnesses.
The motion for post-trial discovery is expected to be discussed in court on July 15.