Judge grants DNA testing in Scott Peterson case for only 1 piece of evidence

REDWOOD CITY, Calif. (KRON) -- A day-long hearing for convicted murderer Scott Peterson concluded when a San Mateo County judge ordered new DNA testing on one piece of evidence. Peterson had requested access to test 14 pieces of evidence for DNA that he believes could prove he did not murder his pregnant wife, Laci, two decades ago. On Wednesday, Judge Elizabeth M. Hill ordered prosecutors to hand over only 1 of the 14 pieces evidence for testing: a 15-inch-long strip of duct tape. The duct tape was found on Laci's pants when her autopsy was conducted in 2003. Scott and Laci Peterson"An excised portion of that tape was DNA tested in 2003 and shown to have human DNA present. But the DNA was not of acceptable quality to generate a profile at that time," Peterson's attorneys with the Los Angeles Innocence Project wrote. DNA technology has advanced since the last time the duct tape was examined. Peterson listened to the hearing via a live video feed from Mule Creek State Prison, where he is currently incarcerated. For his 2004 trial, Peterson was convicted by a jury of murdering Laci and their unborn son, Conner. Peterson claims that Laci was still alive on December 24, 2002 when he left their Modesto home to go fishing in the San Francisco Bay. The bodies of Laci and her unborn son washed up in the bay four months later.Scott Peterson is seen on a live video feed from Mule Creek State Prison on March 12, 2024. (Pool / Photo by Modesto Bee)"When Laci’s remains were found on the rocks at Point Isabel, she was wearing a bra and the remnants of cream-colored capri pants," Stanislaus County District Attorney prosecutors wrote in court documents. The 27-year-old woman's remains were decomposed from exposure to a marine environment.Peterson’s attorneys with the Los Angeles Innocence Project requested new DNA testing to investigate "Mr. Peterson’s claim of innocence," LAIP wrote.LA Innocence Project blasts DA’s ‘Herculean effort’ to stomp Scott Peterson caseAt Wednesday's hearing, special prosecutor David Harris told the judge that reviving the case is unfair to Laci's family, Peterson is guilty beyond the shadow of a doubt, and the District Attorney's Office is not legally required to help LAIP re-examine the case. Harris told Hill, "The People know the truth. We know that Scott Peterson is guilty. He has been convicted of the murders of his wife and unborn son." Harris repeatedly cited Marsy’s Law, which entitles victims to "finality" in criminal cases post-conviction.Peterson was sentenced to death by a San Mateo County judge in 2005. Three years ago, his death sentence was overturned by the California Supreme Court. The District Attorney's Office said it did not re-seek the death penalty because Laci's family did not want to endure another legal battle. Instead, Peterson was sentenced to serve life in prison without possibility of parole. Laci PetersonAt Peterson's 2021 re-sentencing hearing, Laci's mother told her former son-in-law, "You researched boat launch ramps in the San Francisco Bay. You dumped her body in the bay like a piece of garbage. How evil you are. No matter what happens in the future, there are two things that will never change: Laci and Conner will always be dead; and you will always be their murderer."Laci's mother said in 2021, "I see no sorrow and no remorse from you at all. Laci’s dead, Scott, because she loved you and trusted you. You betrayed her. Your evil, selfish act ended two beautiful souls. You just didn’t want them anymore. You chose to get rid of her. You didn’t want a baby, nor the responsibility of being a father."