The Innocence Project and Scott Peterson
Recently the news has reported that a group called the “Innocence Project” has taken on the Scott Peterson case to help him get a new trial and to help find him innocent in the murder of his wife Lacy Peterson and their unborn child. Let’s take a look into their claims and I will let you decide.
Before we get started let’s talk about who and what the Innocence Project is and what they do. According to their website www.innocenceproject.org, they were founded in 1992 by visionary attorneys Peter Neufeld and Barry Scheck. Peter Neufeld is the founding partner of the civil rights law firm Neufeld, and Brustin. He spent many years representing clients at the New York Legel Aid Society. He is also best known for representing OJ Simpson. Barry Scheck is the director of the Innocence Project, a Professor at Benjamin Cardoza School of Law and also was part of the “Dream Team” representing OJ Simpson. They founded the Innocence Project with the vison that they could help exonerate wrongfully convicted people through DNA testing and reforming the criminal justice to prevent future injustice.
So here is a recap of the Scott Peterson Case. On December 24th 2002 Laci Peterson who was 8 months pregnant would vanish. She was last seen walking her dog in a local nearby park in Modesto, California walking her dog McKenzie. A neighbor located McKenzie shortly after 10:30 am with leash and collar still attached, but no Laci. The neighbor secured McKenzie and thought nothing of it. Scott Peterson claims he was fishing. He claims he left the home at 9:30 am to go to the Berkley Marina alone and left Laci watching her favorite show “Martha Stewart”. Scott left a voicemail for Laci at 2:15 pm. Scott claims he got home later that day and found Laci’s car in the driveway and no one was home. Prior to notifying police Scott shower and washed his clothing. Scott called Laci’s mother to see if she had seen her. Scott and Laci’s stepdad both called the police to notify them Laci was missing. This would occur at approximal around 6:00 pm. It would later come out that Scott had told several people he was out golfing that day and did not mention fishing. It would also be discovered that Scott Peterson did not have just one but two affairs while married to Laci. One of which he told the mistress that he was a widower. On April 13th 2003, the decomposing remains of her unborn child would be recovered from a marshy area of Richmond’s Point Isabel Regional Shoreline a part of San Fransico Bay. According to the autopsy the placenta and umbilical cord were not found with the body. Laci’s body would be discovered one day later washed up on the rocky shore line of the bay. Laci’s body was discovered decapitated, and her limbs were missing, including most of her legs. DNA confirmed their identities.
Forensic searches of the Peterson’s homes were conducted. The FBI conducted mitochondrial DNA testing on hair from pilers found in Scott’s boat that were linked to hairs in Laci’s brush.
Scott was arrested on April 18th 2003 near a local golf course where he was golfing with his father and brother. He was charged with two counts of felony murder with premeditation and special circumstances. He pled not guilty. His trial was moved to San Mateo County. He was represented by a private attorney Mark Geragos the lead prosecutor was Rick Distaso. The trial began June 1st, 2004.
The Evidence during the trial was minimal. They did not have any direct evidence to link Scott Peterson to the trial and they relied mostly on circumstantial evidence. Reference mostly Scott’s behavior before and after the crime occurred and his affairs. A FBI trace evidence expert testified that the hair located on Scott’s boat was a match to her hair brush by mitochondrial DNA. Which was significant since Laci had never seen Scott’s boat while alive. The Defense argued mitochondrial DNA is not a reliable means of testing.
Scott Peterson was convicted on November 12th 2004 of two counts of first-degree murder. His sentencing trial 14 days and was entered the sentence of A death sentence my lethal injection which the judge upheld and added he must pay $10,000 for Laci’s funeral. He has been spending his days and nights at San Quentin State Prison.
So why is the Innocence Project involved?
Scott was moved off death row in 2022, the Innocence Project is stating that his state and federal constitutional rights were violated and also newly discovered evidence that could prove his innocence. With the advancements of DNA testing, they are requesting some never before evidence be tested. The new evidence apparently supports Scott’s claim of innocence. He claims someone else abducted and killed Laci due to her witnessing a burglary at a home across the street from them. They are requesting blood from a mattress located in a van that was burned and left at the Airport be tested for Laci’s DNA. They are also trying to locate documents from interviews of witnesses. They are finding some of the files they are requesting are missing and are trying to locate them. Also, they are claiming that numerous documents referenced in the police reports were not included in discovery during the original trial.
We will see where this leads in the coming future. We should keep in mind everyday that Scott is alive is a day Laci’s family has to worry he will go free since they firmly believe in his guilt. I can only imagine what this will do to her family if and when he should get a new trial. Having to live through it all over again.
Stay tuned for more updates as these progresses along we will be keeping a close eye on it and add updates.