Innocence Project: Scott Peterson case ‘not a fishing expedition’

REDWOOD CITY, Calif. (KRON) — Attorneys with the Los Angeles Innocence Project used an interesting metaphor during convicted killer Scott Peterson’s hearing in court Tuesday. “This is not a fishing expedition,” LAIP attorney Paula Mitchell told a San Mateo County judge to demand specific police reports.

The Innocence Project takes on cases that it believes resulted in wrongful convictions. A jury convicted Peterson in 2004 of murdering his pregnant wife, Laci, and their unborn son, Conner, in Modesto and dumping their bodies into the San Francisco Bay. Laci’s disappearance, and her husband’s murder trial, were highly publicized in the media.

Peterson told police that he went fishing alone on the day his wife went missing. Laci and Conner’s decomposed bodies washed up on shore in the bay in 2003. His alibi was used against him at trial. Prosecutors said Peterson bought his new fishing boat as part of his plot to murder Laci and hide her body underwater.

For two decades, Peterson has maintained his innocence. The 51-year-old inmate wrote a letter from prison to the LA Innocence Project last summer, requesting that its attorneys take on his case. Tuesday marked the first time LAIP attorneys traveled to Redwood City to speak with a San Mateo County judge on Peterson’s behalf.

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The courtroom gallery was filled with news reporters and two of Peterson’s most loyal supporters: His sister-in-law, Janey, and brother, Joe. Peterson stayed far away from glaring media camera cameras as he watched court proceedings through a Zoom video stream from Mule Creek State Prison.

Prosecutors in the courtroom included Stanislaus County Assistant District Attorney Dave Harris and former Stanislaus County District Attorney Birgit Fladager. Fladager was the star prosecutor for Peterson’s 2004 murder trial.

Mitchell urged the judge to order the SCDA and Modesto Police Department to turn over a mountain of records, old and new evidence, DNA lab testing, and video recordings. Requested recordings include MPD homicide detectives’ interrogations with Peterson while his wife was still missing.

Motions for post conviction discovery and post conviction DNA testing were filed in January by the LA Innocence Project. The motions are more than 1,000 pages long. Harris said, “There is going to be a large amount of reading for both sides.”

Mitchell told the judge, “I went to DA’s Office … we were unable to resolve any issues. We were given mixed signals over whether the DA intends to file a blanket opposition, or certain items they are objecting to.”

Mitchell continued, “Mr. Peterson has been waiting 20 years to find these police reports. We are eager to get our investigation underway. The court gave us a very short time period to conduct our investigation.”

Peterson could be seen projected on the courtroom’s Zoom video screen projector wearing blue prison inmate clothing and his brown hair pulled back into a ponytail. The inmate, who has served more than two decades behind bars, smiled when the jail had technical difficulties trying to turn on his microphone.

Peterson spoke briefly when Judge Elizabeth Hill asked if he preferred to attend his future court dates in-person. “Zoom is fine, thank you, Your Honor,” Peterson answered.

Judge Hill set the following schedule for Peterson’s future hearings with the LA Innocence Project:

• Hearing on motion to seal court records: April 16, 9 a.m. – Peterson will appear via Zoom.

• Hearing on DNA testing motion: May 29, 9 a.m. – Peterson will appear via Zoom.

• Hearing on 1054.9 motion: July 15, 9 a.m. – Peterson will appear via Zoom.

The LA Innocence Project was given a 6-month deadline from the court to complete its Peterson investigation, Mitchell said.

Mitchell is the director of the Los Angeles Innocence Project. Her LAIP biography states, “Paula’s work focuses on exonerating the wrongly convicted, exposing systemic flaws in the criminal justice system, improving standards for the use of forensic evidence in courtrooms, and advocating for criminal justice reforms needed to increase fairness in the system.  She has also written extensively on California’s flawed and costly death penalty system.”

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