Prosecutors from Stanislaus County, who actually got Scott Peterson his murder conviction in 2004, argued in this motion filed Monday that there is no need for additional DNA testing - Peterson filed a motion and had DNA testing done in 2013, and again in 2019. "That was equally fruitless," wrote the prosecutors.
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Legal analyst Steven Clark tells the I-Team, "I think what the prosecution is saying here to the public and to the court is, we got this right. Scott Peterson did have a fair trial, and nothing that can be done now is going to change the outcome of what that jury decided, because the evidence was so overwhelming as to his guilt."
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The prosecution spent much of 337-page court filing outlining how Peterson repeatedly lied about his involvement in the death of Laci and their unborn child, Conner, and how those lies outweigh the need for any additional DNA testing.
Clark adds, "The prosecution has taken some hits during these hearings, suggesting that they hid the ball from the defense team during discovery, and what they're saying here is, look at all of this evidence that was brought forward at the trial. There is no reasonable explanation for any other killer than Scott Peterson."
The document describes how a friend, who didn't know he was married, set Peterson up with Amber Frey. And when that friend learned Peterson was married, she threatened to expose him. The next day, according to prosecutors, Peterson bought the boat and began planning the murder. The document also shows a pair of pliers found on the boat with a hair consistent with Laci's.
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The bodies of Laci and Conner were found in San Francisco Bay months later, after a strong April storm.
The filing also says that before his arrest, Peterson played a cat-and-mouse game with law enforcement changing his appearance. At the time of his arrest, he had $15,000 in cash, other people's ID's and credit cards, multiple cell phones and outdoor equipment.
Still, Steven Clark believes that chances are, the judge will order new DNA testing. "The fact that the court is having these hearings is very significant," he says. "And it, I think, says a lot that the Innocence project got involved in this case. In the first place, they believe there's a good faith reason to at least go back and look at this evidence to make sure that the jury got this right."
The hearing on the DNA issue is at the end of May. That should give us a good indication whether Peterson's attempt for a new trial has a chance. The prosecutors also argue that Laci's family deserves the right to have the case over. They say this new push by Peterson is harassment.
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