SAN FRANCISCO (Court TV) — Convicted killer Scott Peterson has offered a moment-by-moment breakdown of the days surrounding his wife’s disappearance as part of a new petition to overturn his conviction.
This Oct. 21, 2022, photo provided by the California Department of Corrections and Rehabilitation shows Scott Peterson. (California Department of Corrections and Rehabilitation)
Peterson was convicted of murdering his wife, Laci Peterson, and unborn son, to be named Conner, who disappeared on Dec. 24, 2002. Scott was sentenced to death for the murders in 2005, but in 2020 that death sentence was vacated and he was re-sentenced in 2021 to life without parole.
The Los Angeles Innocence Project (LAIP) has intervened in Scott’s case and recently filed a new petition seeking to overturn the 2004 conviction based on “new evidence and witness statements.”
The petition argues the new evidence “undermines the prosecution’s entire circumstantial case against Petitioner, and shows that the jury relied on false evidence, including false scientific evidence, to convict him.”
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Among the evidence referenced in the 854-page petition are details of a burglary at the home of the Medinas, the Petersons’ neighbors, a witness who reported hearing the burglars talk about Laci seeing and confronting them, and evidence that the police intentionally destroyed evidence that could have linked the burglary to Laci’s disappearance and murder.
Additional evidence LAIP outlines in the petition includes:
- Evidence that the Medina home was burglarized on Dec. 24, the day Laci disappeared, and not Dec. 26, as the jury was told.
- Evidence showing there were others involved in the burglary other than the two who pleaded guilty.
- Evidence directly linking the Medina burglars to the orange van that was intentionally set on fire not far from the Petersons’ home on Dec. 25.
- Scientific and medical research developed after Scott’s conviction related to fetal growth as it relates to the timing of Laci and Conner’s deaths.
- New modeling showing Laci and Conner’s bodies could not have migrated from area where Scott said he went fishing to where they were recovered.
- New sworn statements from witnesses who described seeing Laci walking the dog after Scott left their home on the morning of Dec. 24.
- Analysis of the police investigation showing that it was “disorganized, failed to follow basic police procedures that were standard at the time, and was driven by ‘confirmation bias.'”
The petition includes a 129-page declaration written by Scott, which details not only his relationship with Laci but his activities in the days and hours before and after she disappeared.
“I had absolutely nothing to do with the disappearance and deaths of my wife and son. I am not a violent person. I have never had any incident or rule violation report since my wrongful incarceration began in 2003.”
Scott described his marriage to Laci as happy and loving. The two worked together in San Luis Obispo for several years before moving to Modesto to be closer to Laci’s family. The two fixed up their home together, and Scott said they were focused on preparing the nursery for Conner’s arrival.
A photo of Laci and Scott Peterson, taken one week before Laci disappeared. (Court filing)
Scott’s declaration suggests that if not the burglars, some other unknown person killed Laci, likely abducting her while she was out walking the family dog, McKenzi. “Laci and I were getting increasingly concerned about the unsavory foot traffic we were seeing on our street,” Scott wrote. “I would give anything to be able to go back in time and walk the dog with Laci because I know she would still be alive and Conner would now be a young man.”
According to the declaration, “Laci was intent on keeping our neighborhood safe and she was not shy about it,” suggesting she may have approached someone on her own. Scott noted previously confronting a man who was looking over the Petersons’ fence and going through their trash can. Scott later identified that man as Steven Todd, who confessed to the Medina burglary after his arrest. Todd has never been named a suspect in Laci’s disappearance or murder.
Scott tried to explain much of the evidence prosecutors used at trial as evidence of guilt, including a mess of concrete found in his workshop. Prosecutors said that Scott had been making concrete anchors to weigh Laci’s body after dumping her off his fishing boat into the San Francisco Bay. But Scott says that while, yes, he had made anchors for the new boat he and Laci purchased, the concrete mess was actually a result of projects he was working on, including a table for Laci.
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The scrutiny from the public and police put pressure on Scott, who said he “went into a downward spiral” from the stress. “Unable to sleep, I found myself unable to mentally function at times. In retrospect, I wonder at and am embarrassed by many decisions I made during that time.”
While Scott repeatedly professed his love for Laci and described their marriage as happy in his declaration, he does admit on page 125 that he was having an extramarital affair at the time of his wife’s disappearance.
“I do not have an acceptable explanation for my infidelity or the lies I told to Amber Frey. Despite the disgraceful and immature behavior I exhibited when I was unfaithful to my wife and despite the poor judgment I exercised when I compounded the error by not being forthcoming with the police about it, I loved my wife very much. I have lived with the pain of my poor judgment and character flaws inflicted on others for the last 23 years, and I will continue to live with that shame for the rest of my life.”
This is not Scott’s first attempt to overturn his conviction. He was last in court in the fall, where a judge granted his legal team access to evidence related to the Medina burglary and the ability to perform DNA testing on a piece of duct tape recovered from Laci’s pants at the time of her autopsy.
“We decided that this case deserved a second look, because of issues related to ‘confirmation bias’ and potential Brady violations committed by the Modesto Police and Stanislaus County District Attorney’s Office that we believe led to Peterson’s wrongful conviction,” LAIP’s Board President, John Sonego, said in a statement. “Any injustice must be made right. The evidence in this case has been — and will continue to be — our guide.”
