Please ensure Javascript is enabled for purposes of website accessibility
Judge Rejects New Murder Trial for Scott Peterson
gvw_ap_news
By Associated Press
Published 1 year ago on
December 21, 2022

Share

A judge on Tuesday rejected a new murder trial for Scott Peterson, nearly 20 years after he was charged with dumping the bodies of his pregnant wife, Laci, and the unborn child they planned to name Conner into San Francisco Bay on Christmas Eve 2002.

Peterson, 50, alleged the resulting trial that gripped the world was tainted by a rogue juror who lied about her own history of abuse to get on the panel that initially sent him to death row.

Superior Court Judge Anne-Christine Massullo found that Juror No. 7, Richelle Nice, committed misconduct by providing false answers during jury selection — but that she did not commit enough misconduct to require a new trial because she wasn’t biased against Peterson.

Nice did not intentionally conceal information about her life or misrepresent her financial situation to stay on the jury, and did not appear vengeful toward Peterson in letters she later wrote him in prison, Massullo ruled in San Mateo County Superior Court.

“The Court concludes that Juror No. 7’s responses were not motivated by pre-existing or improper bias against (Peterson), but instead were the result of a combination of good faith misunderstanding of the questions and sloppiness in answering,” the judge wrote.

Defense attorney Pat Harris said he was disappointed in the decision, which he said excused Nice’s misconduct.

“We believe this sets a bad precedent for future cases where jurors purposefully commit misconduct but nevertheless know it will be excused by simply shrugging it off with ‘I forgot,’ ” Harris wrote. “Jury questionnaires and the attorneys who read them depend on the honesty of the answers in order to get a fair trial. It will make it difficult if jurors believe they can lie and there will be no repercussions.”

Peterson’s defense team plans to “push forward until he is freed,” Harris said.

It was undisputed that Nice failed to disclose as she was being selected for Peterson’s jury in 2004 that she had sought a restraining order while she was pregnant four years earlier. Nice said then that she “really fears for her unborn child” because of threats from her boyfriend’s ex-girlfriend.

The California Supreme Court in 2020 found that Nice’s actions required a hearing to determine if they denied Peterson a fair trial, and assigned Judge Massullo to the case. The high court separately threw out Peterson’s death sentence in 2020 and Stanislaus County prosecutors decided against again seeking his execution even as they argued he received a fair trial. He was resentenced to life in prison in December.

Sharon Rocha, Laci Peterson’s mother, said Tuesday that the judge’s decision confirms that Scott Peterson did receive a fair trial.

“We appreciate Juror No. 7 for her courage and honesty during this process. No juror should have to go through what she endured,” Rocha said in a statement provided by the Stanislaus County District Attorney’s Office.

Scott Peterson argued that Nice fought to join the jury despite her financial hardship and that she entered deliberations determined to enact revenge for Peterson’s nearly full-term unborn child, the young victim she nicknamed “Little Man.”

But Nice testified that she had no bias against Peterson until she heard the evidence against him.

Nice said in a sworn declaration in 2020 that it did not occur to her to include the threat to her own unborn child on her juror form because she did not “feel ‘victimized’ the way the law might define that term.” She later testified that she answered truthfully based on her understanding of the questions.

“I didn’t write it on the questionnaire because it never crossed my mind, ever. It wasn’t done intentionally,” she swore during two days of testimony in February.

She also disputed any financial motive to serving on the jury, swearing that she and other jurors never discussed jointly writing their book, “We, the Jury,” until after the trial and verdict.

And it was Peterson’s celebrity attorney, Mark Geragos, who wanted her on the jury, prosecutors said. Geragos called Nice back as she prepared to leave after the trial judge dismissed her for financial hardship, though Geragos said he never would have done so had she properly disclosed her personal history.

Nice also denied being biased even though she said her boyfriend at the time was serially unfaithful and denied that he ever assaulted her despite his arrest for domestic violence.

Peterson was arrested in April 2003 only after his mistress came forward to say he told her his 27-year-old wife was gone a month before her actual disappearance.

His attorneys provided Massullo with what they called a “Credibility Chart” purporting to show Nice’s conflicting statements.

“Ms. Nice simply forgot,” prosecutors responded in court filings, arguing that any mistakes she made did not demonstrate bias.

“Her testimony and her demeanor … clearly showed she was not a vengeful, scorned woman who sought to punish (Peterson),” they argued.

Among other issues Massullo had to decide was which side had the burden of proof.

Prosecutors said Peterson’s attorneys failed to prove Nice committed juror misconduct. Inadvertent or unintentional mistakes don’t count, they argued.

Peterson’s attorneys said Nice clearly concealed facts during jury selection, even unknowingly, which they said shifts the burden to prosecutors to prove that she wasn’t prejudiced.

RELATED TOPICS:

DON'T MISS

Hamas Official: We’ll Put Down Arms if an Independent Palestine Is Created

DON'T MISS

Tennessee Legislators Join Movement Permitting Teachers to Carry Guns in Schools

DON'T MISS

Strict New EPA Rules Would Force Coal-Fired Power Plants to Capture Emissions or Shut Down

DON'T MISS

Jayden Daniels Downplays Issues With Commanders, Says He’d Be ‘Blessed’ to Go No. 2 Overall

DON'T MISS

Ex-State Department Official: Israeli Military Gets Preferential Treatment on Abuses

DON'T MISS

Down 2-0, the 76ers, Magic & Lakers Hope for Homecourt Lift

DON'T MISS

Dozens Arrested at USC After Students in Texas Detained as Gaza War Protests Persist

DON'T MISS

Harvey Weinstein’s 2020 Rape Conviction Overturned by NY Appeals Court

DON'T MISS

New California Rule Aims to Limit Health Care Cost Increases to 3% Annually

DON'T MISS

Shohei Ohtani Has 3 Doubles, Landon Knack Gets 1st Win as Dodgers Rout Nats

UP NEXT

Costa Seeks Legislation to Prevent Reedley Lab Repeat

UP NEXT

Los Angeles Mayor Karen Bass Safe After Suspect Breaks Into Official Residence, Police Say

UP NEXT

Suspect in Killing of Idaho Sheriff’s Deputy Fatally Shot by Police, Authorities Say

UP NEXT

Trump Tried to ‘Corrupt’ the 2016 Election, Prosecutor Alleges as Hush Money Trial Gets Underway

UP NEXT

Californians Worry About Crime, Setting up a Ballot Measure Showdown

UP NEXT

Full Jury and 6 Alternates Seated in Trump’s Hush Money Trial

UP NEXT

Prop 47 Reformers Send Nearly a Million Signatures to Sacramento

UP NEXT

Juror Dismissed From Trump Hush Money Trial. Prosecutors Seek to Hold Former President in Contempt

UP NEXT

Clovis Armed Robbery and Pursuit Result in 3 Arrests, 1 Suspect Still at Large

UP NEXT

Fresno Fire and Police Ramp up Probe Into Fires at Cemeteries

Jayden Daniels Downplays Issues With Commanders, Says He’d Be ‘Blessed’ to Go No. 2 Overall

46 mins ago

Ex-State Department Official: Israeli Military Gets Preferential Treatment on Abuses

50 mins ago

Down 2-0, the 76ers, Magic & Lakers Hope for Homecourt Lift

51 mins ago

Dozens Arrested at USC After Students in Texas Detained as Gaza War Protests Persist

52 mins ago

Harvey Weinstein’s 2020 Rape Conviction Overturned by NY Appeals Court

58 mins ago

New California Rule Aims to Limit Health Care Cost Increases to 3% Annually

1 hour ago

Shohei Ohtani Has 3 Doubles, Landon Knack Gets 1st Win as Dodgers Rout Nats

2 hours ago

Lindor Slugs a Pair of 2-Run Homers to Lead Mets Over Giants

2 hours ago

Judge Keeps Reedley Biolab Suspect in Jail. Was Operation Just a Warehouse?

2 hours ago

Cruisin’ Through Kingsburg’s 29th Annual Car Show

5 hours ago

Hamas Official: We’ll Put Down Arms if an Independent Palestine Is Created

ISTANBUL — A top Hamas political official told The Associated Press the Islamic militant group is willing to agree to a truce of five years ...

37 mins ago

Photo of Israeli soldiers working on their tanks
37 mins ago

Hamas Official: We’ll Put Down Arms if an Independent Palestine Is Created

38 mins ago

Tennessee Legislators Join Movement Permitting Teachers to Carry Guns in Schools

39 mins ago

Strict New EPA Rules Would Force Coal-Fired Power Plants to Capture Emissions or Shut Down

46 mins ago

Jayden Daniels Downplays Issues With Commanders, Says He’d Be ‘Blessed’ to Go No. 2 Overall

50 mins ago

Ex-State Department Official: Israeli Military Gets Preferential Treatment on Abuses

51 mins ago

Down 2-0, the 76ers, Magic & Lakers Hope for Homecourt Lift

52 mins ago

Dozens Arrested at USC After Students in Texas Detained as Gaza War Protests Persist

58 mins ago

Harvey Weinstein’s 2020 Rape Conviction Overturned by NY Appeals Court

MENU

CONNECT WITH US

Search

Send this to a friend