Scott Peterson's prospects for overturning his death sentence may have improved this week.
Peterson, convicted of the Christmas Eve 2002 murders of his wife, Laci, and their 8-month-old fetus, filed his appeal July 5 with the state Supreme Court. One issue his lawyer raised was the trial judge's dismissals of 13 prospective jurors who said in pretrial questionnaires that they opposed the death penalty but might be able to vote for a death verdict in a proper case.
Those dismissals, defense attorney Cliff Gardner argued, violated Peterson's right to an impartial jury, a delicate issue in capital cases. The U.S. Supreme Court has ruled that jurors who oppose the death penalty in all cases can be excluded, but those who say they can put their personal views aside may be seated.
The state's high court, which automatically reviews all death sentences in California, shed new light on that issue Monday when it unanimously reversed the death sentence of John Riccardi of Los Angeles.
The 76-year-old Riccardi must be resentenced to life without parole unless prosecutors seek a new penalty trial or appeal successfully to the nation's high court. The ruling will also become a precedent for other California capital cases.
Source: SFGate, July 19, 2012
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Jul 06, 2012
Peterson has always maintained his innocence and his appeal to the Supreme Court is no different. Gardner claims that the overwhelming publicity Peterson's trial received, incorrect evidentiary rulings and other mistakes...
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