Convicted murderer Scott Peterson's bid for a new trial was set to return to a Redwood City courtroom Monday morning, as the judge was expected to rule on DNA testing for what could be a key piece of evidence.
Peterson, who is serving a life sentence after he was convicted of killing his wife Laci and their unborn son 20 years ago, was expected to attend the proceeding virtually.
The hearing is focused how the two sides will decide what lab will handle the DNA testing of a piece of duct tape from the original case and who will pay for it. Each side had its own preferred lab to handle the testing and could not come to an agreement, so the judge suggested a third independent lab and asked the lawyers to review the facility's credentials.
The piece of duct tape was found on Laci Peterson's pants.
It's the only piece of evidence from a list of several items the judge in May ruled was worth testing after Peterson's defense team with the Los Angeles-based Innocence Project argued multiple pieces of evidence were suppressed in the original trial.
The defense argues that the piece of duct tape in question contained human DNA that could point to someone other than Scott Peterson.
Legal analyst Steven Clark says the proceeding could be crucial to Peterson's defense two decades after his conviction.
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"You have to remember now that there’s 20-plus years now of database, where if they can get a positive hit on that duct tape, they can run that through a system – and that could point to someone other than Scott Peterson," Clark said.
Prosecutors say many of the items the defense wants to test were already tested and ruled out.
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The defense also is expected to present more key motions on witness statements, post-conviction discovery and recordings that were not included in the original trial.
