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Scott Peterson denied bail forward of re-sentencing for homicide of spouse and unborn son

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Scott Peterson will stay behind bars.

Peterson, who murdered his pregnant spouse and unborn son in 2002, was denied bail forward of a December listening to the place he will probably be re-sentenced to life with out the potential of parole, a decide dominated Wednesday.

He’s spent the final 15 years on San Quentin’s dying row. However the California Supreme Court docket tossed out his sentence final yr, and prosecutors have determined they now not need to search his execution.

Peterson is anticipated to be transferred to the San Mateo County courthouse on Dec. 8 for re-sentencing.

CALIFORNIA JUDGE TO SENTENCE SCOTT PETERSON TO LIFE TERM IN DECEMBER, AS DEFENSE STILL PUSHES FOR NEW TRIAL 

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Scott Peterson sits within the courtroom on the San Mateo Superior Courthouse together with his legal professional Mark Geragos in 2004. Peterson was discovered responsible of first diploma homicide of his spouse and second diploma homicide of their unborn son.
(Fred Larson-Pool/Getty Pictures)

Relations of Laci Peterson, who was eight months pregnant on the time of her dying, plan to look or present statements to the courtroom on the re-sentencing listening to, Stanislaus County District Lawyer Birgit Fladager mentioned on Wednesday. Peterson’s attorneys mentioned additionally they anticipate supporters to look for his or her consumer, too.

In the course of the practically hour-long listening to on Wednesday, Peterson’s attorneys and prosecutors additionally argued over whether or not attorneys with Habeas Corpus Useful resource Heart might keep on as his counsel for Peterson’s new trial.

The California Supreme Court docket overturned Peterson’s dying sentence final yr after it discovered jurors who personally disagreed with the dying penalty however had been keen to impose it had been dismissed improperly.  The excessive courtroom final yr additionally ordered Superior Court docket Choose Anne-Christine Massullo to determine if Peterson ought to get a brand new trial to find out if juror misconduct occurred throughout Peterson’s 2004 trial. 

This undated photo shows Laci Peterson, who has not been seen since December 24, 2002.

This undated photograph reveals Laci Peterson, who has not been seen since December 24, 2002.
(Getty Pictures )

Prosecutors on Wednesday mentioned since Peterson is now not going through dying, his appellate attorneys ought to now not be capable of characterize him as a result of, by regulation, they solely deal with dying penalty {cases}.

Peterson is anticipated to get re-sentenced in December.California Division of Corrections and Rehabilitation by way of AP, File

“So now now we have them saying even in {cases} the place we don’t have jurisdiction, as a result of we need to keep, the courtroom mustn’t inquire whether or not we should always keep on these {cases} or not,” mentioned Stanislaus County Assistant District Lawyer David Harris. “And I feel that’s extra of a nasty precedent than the courtroom this within the first place to find out what the courtroom will get to do and what their jurisdiction is. …They’re capital habeas litigators, however they need to keep on a non-capital case.”

Michael J. Hersek, government director of the Habeas Corpus Useful resource Heart, which has represented Peterson in his attraction, mentioned the decrease courtroom decide doesn’t have the jurisdiction to find out if Peterson’s attorneys ought to be vacated from the case. 

“In our thoughts, withdrawing from the case after a partial victory, does two issues,” Hersek mentioned. “Primary, it might abandon Mr. Peterson on this case, which might not be honest to him. Quantity two, it might ship a horrible message in all of our different {cases} as a result of we spend years growing relationships with our purchasers … relationships of belief that require them to supply us a substantial amount of details about not solely their social historical past and their life points, but in addition the information of the underlying offense. Not solely would we lose the belief and confidence of all of our purchasers as a result of they are going to see us as a penalty section solely store, as a result of as soon as we get partial victory, they’re out of luck. And we are able to’t have that. That’s an institutional concern from our perspective.”

This May 11, 2018 photo from the California Department of Corrections and Rehabilitation shows Scott Peterson. (California Department of Corrections and Rehabilitation via AP,File)

This Might 11, 2018 photograph from the California Division of Corrections and Rehabilitation reveals Scott Peterson. (California Division of Corrections and Rehabilitation by way of AP,File)

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The decide ordered Peterson’s attorneys to talk to their consumer to find out if he would comply with signal a “waiver of irregularities” that might permit them to remain on as his counsel. Either side will come again on November 10 to debate the waiver concern.

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