Convicted killer Scott Peterson back in court as L.A. Innocence Project takes up his defense

The decades-long saga of the Laci Peterson murder case continued Tuesday morning when the Los Angeles Innocence Project took up the defense of her killer: husband Scott Peterson, who appeared in court via Zoom from Mule Creek State Prison.

Peterson, appearing on camera in a light-blue, collared prison shirt with his long hair pulled back into a ponytail, said little during the conference, answering only yes or no questions. In attendance at San Mateo County Superior Court in Redwood City was his sister-in-law, Janey Peterson, and some family members of Laci and the couple’s unborn son, Conner.

Speaking on behalf of the L.A. Innocence Project — a nonprofit organization that has had convictions overturned in the past — was Paula Mitchell. She said the Stanislaus County District Attorney’s office is dragging its feet in responding to the project’s filings.

Paula Mitchell, director of the Los Angeles Innocence Project, speaks on behalf of Scott Peterson during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Paula Mitchell, director of the Los Angeles Innocence Project, speaks on behalf of Scott Peterson during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool

“Within over 1,000 pages of court documents filed in January by LAIP, a torched orange van is one of the biggest new pieces of evidence,” according to KRON4. “A 1989 Chevrolet van was found in flames on the morning of Dec. 25, 2002, at 612 Thrasher Avenue in Modesto, according to a declaration written by fire investigator Bryan Spitulski. At the time, he worked for the Modesto Fire Department.”

The Petersons’ home is about one mile away from where the orange van was found burning, KRON reported.

Mitchell said in court Tuesday, “We spent a lot of time trying to suss out what, frankly, are very alarming deficiencies in the discovery that was provided to the defense at the time of trial. Those are the items we’re requesting.”

Laci was eight months pregnant when she disappeared around Christmas Eve 2002. Peterson had gone on national television calling for the public’s help in finding her. Laci’s body was found in the San Francisco Bay in April 2003.

Peterson was arrested after the woman he was having an affair with, Amber Frey, provided information that investigators found was strong enough to implicate Peterson. His trial, the subject of national fascination, from June to November 2004. Peterson initially was sentenced to death for her and Conner’s murders, but was resentenced to life in prison in 2020.

“Mr. Peterson has been waiting 20 years to find some of these police reports and audio recordings and video recordings that should have been provided. … We are eager to get our investigation underway and completed,” Mitchell said in court.

The DA’s Office pushed back against some of the requests during the hearing, saying that while not all evidence collected was presented during Peterson’s initial trial, it was litigated during his appeals throughout the years. Among those in the courtroom Tuesday was retired Stanislaus DA Birgit Fladager, who prosecuted the Peterson trial before being elected in 2006.

“We also believe that a lot of these items have been raised and litigated as part of the initial appeal and also litigated as part of the first habeas,” said David Harris of the Stanislaus County DA’s office. “So because of that … there’s going to be a large amount of reading for both sides.”

The DA’s Office asked the presiding judge, Elizabeth Hill, for more time to respond to the L.A. Innocence Project’s filings because of how much material was filed. The DA’s Office asked for a 90-day extension, which was denied. But the court did grant prosecutors a 30-day extension.

Scott Peterson appears on a video call from Mule Creek State Prison during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Scott Peterson appears on a video call from Mule Creek State Prison during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool

Three hearings were scheduled as a result of Tuesday’s conference which all need to meet a six-month deadline set by the California Courts of Appeal. A hearing on a motion to seal was scheduled for April 16. Peterson will appear via zoom for both. A hearing on DNA testing motion is scheduled for May 29.

Representatives from the L.A. Innocence Project, the District Attorney’s Office or the family members present all declined to speak to the media following the hearing.

This is a developing story. Check back for updates.

Scott Peterson unmutes his connection to address to Judge Elizabeth Hill during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Scott Peterson unmutes his connection to address to Judge Elizabeth Hill during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
San Mateo County Superior Court Judge Elizabeth Hill presides over a status conference for Scott Peterson in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
San Mateo County Superior Court Judge Elizabeth Hill presides over a status conference for Scott Peterson in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Scott Peterson appears on a video call from Mule Creek State Prison during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Scott Peterson appears on a video call from Mule Creek State Prison during a status conference at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Janey Peterson, sister-in-law of Scott Peterson, leaves the San Mateo County Superior Court after a status conference in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Janey Peterson, sister-in-law of Scott Peterson, leaves the San Mateo County Superior Court after a status conference in Redwood City, Calif., Tuesday, March 12, 2024. The Modesto Bee/ Andy Alfaro/ Pool
Media gathers for a status hearing for Scott Peterson at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024.
Media gathers for a status hearing for Scott Peterson at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024.
Scott Peterson appears via video call for a status hearing at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024.
Scott Peterson appears via video call for a status hearing at San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 12, 2024.