Scott Peterson’s Death Penalty Reversed; In the 38th of the Similar Case in the 22 years History of California Supreme Court.
Scott Peterson’s death penalty turnaround came as a ‘big relief” to his family on Monday said Janey Peterson.
Although Scott Peterson’s attorney Cliff Gardner hold the District Attorney responsible for not taking the necessary steps when the judge inaccurately charged the jurors, the chief prosecutor on the case said they thr opinion of the experienced judge for guidance.
Janey Peterson said ” To know they are not going to stick a needle in his arm, that is a big relief, ” She further added it is a “heavy weight” to carry.
The California Supreme Court reversed the death sentence in less than 8.5℅ of the 444 cases that has been heard during that time. Cliff Gardner, Peterson’s attorney could only think of a few cases which were changed for the same reason.
Scott Peterson 2020 case
According to California Supreme Court data, Scott Peterson is the 38th prisoner to see his sentence turnaround since 1998.
Al Delucchi, the trial judge of Peterson’s case falsely excluded 13 potential jurors who gave their opinion against the death penalty reason being that firstly he didn’t decide whether they could put their beliefs aside and follow the law, according to a dissenting opinion by the court on Monday.
The fact that the court provided numerous examples of potential jurors who could impose a death penalty in spite of their beliefs. The opinion reads “The record shows defense counsel consistently resisted these dismissals”.
“long-standing United States Supreme Court precedent” was not followed, “the penalty phase in this case was over before it ever began.” was said by the court.
According to the opinion the prosecution did not state speak clearly about these mistakes that were happening to guarantee a sufficient record.
Gardner said “You’ve got three experienced prosecutors who either knew the law or they didn’t know the law,” He further said “I find either explanation puzzling. I find either explanation unsatisfactory.”
In an email Thursday Stanislaus County District Attorney Birgit Fladager said, “Judge Delucchi was the most experienced and qualified judge in the state at that time in handling death penalty cases,” “He had even recently had a death penalty case affirmed on appeal prior to the Peterson case. He was wading through in excess of 1,200 juror questionnaires that were each in excess of 20 pages. All of the questionnaires were thoroughly reviewed and discussed by the parties and Judge Delucchi made what he believed were appropriate excusal for cause decisions.”
Scott Peterson was charged for the murder of his wife Laci Peterson and their unborn child Conner while as almost 8 months pregnant when she suddenly disappeared on the Eve of Christmas.
According to Peterson he had gone fishing that day in the San Francisco Bay and came to find his wife missing. The remains of lace and the couple’s unborn child Conner was at last found after four months nearly a mile apart along the coast of San Francisco Bay and less than two miles from where he was fishing.
Review of the California Court’s opinion can be appealed to the U. S. Supreme Court by Peterson and the Attorney General’s office. Gardner said that the time frame to review the petition is usually 90 days but due to the coronavirus pandemic it has been extended to 150 days.
The life of Scott Peterson becomes a life without the chance of parole at least for now.