Judge Approves Limited DNA Retesting in Scott Peterson Murder Case, Denies New Evidence Review

Murder In The Morning | Daily True Crime News

Nearly two decades after Scott Peterson’s conviction for the murders of his wife, Laci, and their unborn son, Conner, a California judge has ruled to permit limited DNA retesting in the high-profile case. On Wednesday, San Mateo County Superior Court Judge Elizabeth Hill allowed the retesting of DNA on duct tape found on Laci Peterson’s pants but denied the testing of other new and prior evidence.
Peterson, who was convicted in 2004 and originally sentenced to death, has been fighting for a new trial with support from the Los Angeles Innocence Project, which took up his case in January. The hearing on Wednesday marked a significant moment in Peterson’s ongoing bid to prove his innocence, although it fell short of granting all the requests made by his defense team.
Judge Hill's decision to allow retesting of the duct tape, approximately 15 inches long, is a partial victory for Peterson's defense. The duct tape “was found adhering to Laci’s pants on her right thigh,” and a section of it had previously undergone DNA testing, revealing the presence of human DNA, though no profile could be obtained. This new testing could potentially provide crucial information regarding the actual perpetrator.
However, the judge made it clear that her ruling was strictly about the evidence and not about granting Peterson a new trial. "This determination is solely about the evidence in question," Hill stated, underscoring the limited scope of her decision.
The defense team's broader requests included DNA testing on stains found on a mattress discovered in a burned-out van and examining evidence from a burglary that occurred near the Peterson home around the time Laci disappeared. The defense suggested that Laci might have encountered the burglars and was murdered because she witnessed the crime. These requests were denied, leaving the duct tape as the sole piece of evidence permitted for retesting.
“We were right then and we are right now,” stated Dave Harris from the Stanislaus County District Attorney’s office. “It is inappropriate for the defense to continue to try and find things to drag this case out. The state of California has a powerful interest in the finality of its judgments.”
Scott Peterson reported his pregnant wife missing from their Modesto, California, home in December 2002. Less than four months later, the bodies of Laci and Conner were found washed up in the San Francisco Bay. Prosecutors alleged that Peterson's motive was to escape married life and impending fatherhood.
After a nearly six-month trial in 2004, Peterson was found guilty of first-degree murder for Laci's death and second-degree murder for Conner's death. The jury recommended the death penalty, which was initially upheld by Judge Alfred Delucchi. However, following Governor Newsom’s 2019 moratorium on executions, Peterson's death sentence was overturned by the California Supreme Court in 2020. He was resentenced to life without parole in 2021 after the court found that a juror failed to disclose her involvement in other legal proceedings.
In 2023, Peterson's attorneys filed a petition for a writ of habeas corpus, alleging violations of his constitutional rights and claiming actual innocence supported by new evidence. The Los Angeles Innocence Project, which works to exonerate wrongfully convicted individuals, announced it was investigating Peterson’s claims.
“Scott Peterson deserves a thorough review of all the evidence, including those pieces that were previously ignored or overlooked,” said a representative from the Innocence Project.
While the judge's ruling on Wednesday limits the scope of new evidence testing, it keeps Peterson's case in the public eye and continues to stir debate about his guilt or innocence. As the duct tape undergoes retesting, both the defense and prosecution prepare for the next steps in this ongoing legal battle.
The outcome of this DNA retesting could provide new insights or reaffirm the original conviction, but for now, Scott Peterson remains behind bars, serving a life sentence without the possibility of parole.
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