Scott Peterson defense drops motion to seal in bid for new trial after prosecutors note files mostly public

REDWOOD CITY, Calif. – Scott Peterson, the convicted wife killer who has maintained his innocence since before his arrest in 2004, returned to court Tuesday to withdraw a motion to seal a document in the case after prosecutors told the court most of the information is already public.

A California jury found Peterson guilty in 2004 of the murders of his pregnant wife, Laci, and their unborn son, Conner.

At issue were the identities of some witnesses whose names have already come out in the nearly 20 years since Peterson’s conviction. However, other witnesses’ identities have not even been divulged to prosecutors.

The 20-minute hearing was largely uneventful ahead of another one next month expected to delve into DNA evidence that the defense believes could clear Peterson’s name.

SCOTT PETERSON, KILLER OF PREGNANT WIFE, SPORTS NEW LOOK IN COURT IN LATEST BID FOR FREEDOM

The 51-year-old appeared remotely from Ione, California’s Mule Creek State Prison wearing a blue collared shirt. He only spoke in response to the judge when she asked if he could hear her and when asked if he consented to appearing remotely.

He is seeking a new trial with help from the Los Angeles Innocence Project, which picked up his case in January.

Key evidence against Scott Peterson:

Peterson was having an affair with a woman named Amber Frey, who testified against him and cooperated with law enforcementFrey told police in April 2003 that Peterson told her his wife was dead a month before she actually went missingIn recorded calls, he told her he didn’t want to be a father and was considering a vasectomy, according to court documentsPeterson, who lived in Modesto at the time of the murders, told police he was fishing in Berkeley the day his wife disappearedHer remains and the remains of their son Conner were discovered in the San Francisco BayProsecutors maintained the Medina burglary, across the street from the Peterson home, happened on Dec. 26, after Laci Peterson was already missingPeterson had bleached his hair blonde and was carrying $10,000 cash and his brother’s passport near the Mexico border when he was arrested after Frey came forward

TIMELINE: THE LACI PETERSON CASE

A California court initially sentenced Peterson to death for the murders, and while the sentence was later overturned, his appeal for a new trial failed in the past.

Lawyers for the Los Angeles Innocence Project are seeking new DNA testing on a hammer linked to a burglary across the street from the Peterson family home as well as a stained mattress found in a burned-out van parked less than a mile away.

Peterson and his supporters have long focused on suspects who allegedly burglarized the Medina family house across the street from his home, alleging they could have killed his wife. 

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While Peterson has previously raised issues of juror misconduct and the potential that the burglars could have abducted and killed his wife, the new appeal hinges on conducting new DNA testing on the mattress with present-day technology.

Additional hearings on DNA evidence and discovery have been scheduled for May 29 and July 15.

His stint in state prison began in March 2005.