A ruling on what could be a key piece of evidence in convicted murderer Scott Peterson's bid for a new trial, will be released within 90 days, a judge handling the case said Tuesday.
Peterson has been serving a life sentence after he was convicted of killing his wife Laci and their unborn son 20 years ago.
Tuesday marked the second straight day lawyers for the Los Angeles Innocence Project asked a judge to consider what they say is new evidence that could change the course of the case. The evidence includes emails, photos, and other documents.
Peterson's defense team believes the evidence could clear him of the murder conviction handed down nearly 20 years ago.
"Clearly, if there's evidence that was not turned over that could have made a difference in this trial, that should be given to the innocence project to work with," said Steven Clark, a legal analyst. "But what you're seeing here is a complete overhaul of the case -- I don't think the judge is going to go that far."
Lawyers declined to speak after Tuesday's hearing.
Laci's mother, Sharon Rocha, released a statement that was read aloud in court saying, in part, "Laci was murdered by the man she loved with all her heart -- Scott Peterson. We endure the pain of reliving Laci's murder with each attempt he makes for freedom."
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On Monday, the two sides agreed on a lab to conduct DNA testing on a piece of duct tape from the original case. Pure Gold Forensic Labs in Redlands will do the testing.
Previously, 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.
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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.
Clark said the proceedings could be crucial to Peterson's defense two decades after his conviction.
"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.
Also on Monday, a victim impact statement was read by Laci Peterson's mother Sharon Rocha, saying in part, "We endure the pain of reliving Laci's murder, ripping the scab from the wound with each attempt he makes for freedom. … Why is he allowed to pursue having his conviction overturned time after time with evidence other courts have already denied? … This is not justice for Laci and Conner."
The defense contends Peterson is entitled to 600 pieces of evidence, some of which wasn't used during his trial.
Prosecutors say many of the items the defense wants to test were already tested and ruled out.
