1 00:00:05,920 --> 00:00:17,040 Speaker 1: Crime Stories with Nancy Grace. Why won't he just go away? 2 00:00:18,200 --> 00:00:20,080 Speaker 1: How many times do I have to say the name 3 00:00:20,200 --> 00:00:27,400 Speaker 1: Scott Peterson. But Scott Peterson, convicted of murdering his wife 4 00:00:27,440 --> 00:00:32,080 Speaker 1: an unborn child, Lacy and Connor. Peterson is back in court, 5 00:00:32,920 --> 00:00:37,239 Speaker 1: trying his best to land a new trial, hoping that 6 00:00:37,440 --> 00:00:41,760 Speaker 1: somehow a second jury will feel differently about the murder 7 00:00:41,760 --> 00:00:44,760 Speaker 1: of his wife an unborn child than the first jury did. 8 00:00:45,479 --> 00:00:48,320 Speaker 1: How is he maneuvering it? I mean, it's he, Grace, 9 00:00:48,520 --> 00:00:50,720 Speaker 1: This is Crime Stories. Thank you for being with us 10 00:00:50,760 --> 00:00:54,680 Speaker 1: here at Fox Nation. In series M one eleven, Believe 11 00:00:54,680 --> 00:00:57,840 Speaker 1: it or not, Scott Peterson is back at court with 12 00:00:57,960 --> 00:01:03,279 Speaker 1: a full cadre of defense journeys and supporters, insisting somebody 13 00:01:03,320 --> 00:01:08,400 Speaker 1: else don't know who murdered his wife and baby. Now, 14 00:01:08,600 --> 00:01:15,480 Speaker 1: as a refresher, let's remember that Scott Peterson himself places 15 00:01:15,680 --> 00:01:19,080 Speaker 1: his own self at the scene of the murder. On 16 00:01:19,240 --> 00:01:24,880 Speaker 1: the day that Lacy goes missing. Scott Peterson immediately ordered 17 00:01:25,280 --> 00:01:29,600 Speaker 1: the porn chattel, tried to sell the house he and 18 00:01:29,680 --> 00:01:34,960 Speaker 1: Lacy shared and her car. I guess that indicates he 19 00:01:35,040 --> 00:01:37,280 Speaker 1: knew she wasn't coming back. He tried to do that 20 00:01:37,600 --> 00:01:41,200 Speaker 1: in the weeks after she goes missing, we know Peterson 21 00:01:41,319 --> 00:01:45,520 Speaker 1: was having a full on affair with a gorgeous young woman, 22 00:01:45,600 --> 00:01:50,920 Speaker 1: Amber Fry, And either Peterson is a clearvoyant or he's 23 00:01:51,000 --> 00:01:57,000 Speaker 1: guilty of murder because just before Lacy goes missing, he 24 00:01:57,040 --> 00:02:01,120 Speaker 1: tells Fry his lover, Wow, this is going to be 25 00:02:01,160 --> 00:02:04,640 Speaker 1: my first Christmas without my wife. I'm going to be 26 00:02:04,720 --> 00:02:10,239 Speaker 1: a widower at Christmas, and poof he was. There's so 27 00:02:10,400 --> 00:02:14,679 Speaker 1: much more evidence to convict Scott Peterson than just that, 28 00:02:15,200 --> 00:02:18,760 Speaker 1: but it's not really the evidence that he's relying on. 29 00:02:19,720 --> 00:02:23,400 Speaker 1: Peterson and his defense team is claiming that there was 30 00:02:23,520 --> 00:02:29,240 Speaker 1: giar misconduct. That girard gar number seven Rochelle Nice nicknamed 31 00:02:29,280 --> 00:02:33,359 Speaker 1: by me during the trial Strawberry Shortcake because her hair 32 00:02:33,440 --> 00:02:37,639 Speaker 1: is such a bright red like the character Strawberry Shortcake. 33 00:02:38,400 --> 00:02:42,480 Speaker 1: He says she lied, lied through her teeth. Now listen, 34 00:02:42,840 --> 00:02:46,040 Speaker 1: that's what Voi Dyer is all about. Jury selection, which 35 00:02:46,040 --> 00:02:51,200 Speaker 1: coincidentally means to speak the truth. The defense and the 36 00:02:51,280 --> 00:02:58,600 Speaker 1: prosecution had a twenty three page questionnaire by which they 37 00:02:58,639 --> 00:03:02,160 Speaker 1: could judge each girard. The jerro would have to fill 38 00:03:02,160 --> 00:03:06,120 Speaker 1: it out. Not only that they both had their own 39 00:03:06,160 --> 00:03:11,359 Speaker 1: individual questioning of each girar, back and forth and back 40 00:03:11,400 --> 00:03:15,359 Speaker 1: and forth. Yet they claim they failed to ferret out 41 00:03:15,400 --> 00:03:18,600 Speaker 1: the fact that she, once years before the trial, had 42 00:03:18,639 --> 00:03:24,720 Speaker 1: taken out a tr against her boyfriend's ex girlfriend that 43 00:03:25,360 --> 00:03:30,960 Speaker 1: Nice claimed was harassing her during her pregnancy. During Nice's pregnancy, 44 00:03:31,520 --> 00:03:34,520 Speaker 1: also there are claims that she was the victim of 45 00:03:34,760 --> 00:03:40,040 Speaker 1: domestic abuse. Well, Chelle Nice says she did not consider 46 00:03:40,080 --> 00:03:43,640 Speaker 1: herself to be a crime victim, nor did she consider 47 00:03:44,000 --> 00:03:47,960 Speaker 1: the age old t r O to be part of 48 00:03:48,000 --> 00:03:52,960 Speaker 1: a lawsuit. Those are the two questions that Scott Peterson's 49 00:03:52,960 --> 00:03:56,000 Speaker 1: relying on to try and get a new trial. For 50 00:03:56,080 --> 00:03:58,800 Speaker 1: those of you that do not remember the case, I'll 51 00:03:58,840 --> 00:04:07,880 Speaker 1: never forget it. Nine months pregnant, first child, dead, body, 52 00:04:08,320 --> 00:04:13,960 Speaker 1: weighted down and thrown into the dark, cold waters of 53 00:04:14,040 --> 00:04:19,960 Speaker 1: the San Francisco Bay. Then weeks weeks, weeks past, and 54 00:04:19,960 --> 00:04:23,320 Speaker 1: I remember when it happened, like it was yesterday. A 55 00:04:23,520 --> 00:04:31,480 Speaker 1: baby washes ashore and it's pristine. It looks like a shiny, 56 00:04:31,520 --> 00:04:37,640 Speaker 1: little plastic baby doll. Why after all that time in 57 00:04:37,640 --> 00:04:47,200 Speaker 1: the water, Because even in death, Lacy Peterson's uterus one 58 00:04:47,200 --> 00:04:50,640 Speaker 1: of the strongest, I guess you would say muscles in 59 00:04:50,720 --> 00:05:00,320 Speaker 1: the body protected the baby and as her body decomposed, Fine, 60 00:05:01,000 --> 00:05:06,600 Speaker 1: the unus decomposed and baby Connor floated out. I remember 61 00:05:06,680 --> 00:05:11,280 Speaker 1: I was there. I was on the very back seat 62 00:05:12,040 --> 00:05:14,520 Speaker 1: in the courtroom because I had been working out front 63 00:05:14,560 --> 00:05:17,200 Speaker 1: of the courthouse. I ran in just in time. I 64 00:05:17,279 --> 00:05:19,760 Speaker 1: was the last one in the courtroom, I'm embarrassed to say. 65 00:05:20,680 --> 00:05:22,440 Speaker 1: And I had to sit all the way in the back, 66 00:05:22,480 --> 00:05:24,680 Speaker 1: and I had to sit on top of my backpack 67 00:05:25,279 --> 00:05:28,560 Speaker 1: so I could see up to the front. When Lacy's mother, 68 00:05:28,640 --> 00:05:38,000 Speaker 1: Sharon Roacha, took the stand and she described burying Lacy. 69 00:05:38,120 --> 00:05:43,599 Speaker 1: It was just bones at that point and in her arms. 70 00:05:45,000 --> 00:05:52,800 Speaker 1: She buried baby Connor in one casket. That's something you 71 00:05:52,880 --> 00:05:56,160 Speaker 1: never forget, you know, those moments in life. You just 72 00:05:56,279 --> 00:05:58,960 Speaker 1: never forget the good and the bad moments. That's one 73 00:05:59,000 --> 00:06:02,360 Speaker 1: of the moments I'll never again. And now because of 74 00:06:02,640 --> 00:06:07,440 Speaker 1: alleged your arm misconduct, there could be a new trial 75 00:06:08,240 --> 00:06:15,080 Speaker 1: or potentially he walks free on time served. First of all, 76 00:06:15,720 --> 00:06:19,360 Speaker 1: take a listen to our friend Glenn Walker KTLA. Following 77 00:06:19,400 --> 00:06:22,120 Speaker 1: a reprieve from the death penalty, Scott Peterson has been 78 00:06:22,200 --> 00:06:26,080 Speaker 1: re sentenced to life in prison. Peterson appeared in a 79 00:06:26,160 --> 00:06:29,640 Speaker 1: sam Mateo courtroom this morning. His lawyer says Peterson wanted 80 00:06:29,680 --> 00:06:32,680 Speaker 1: to speak, but the judge would not allow it. It's 81 00:06:32,680 --> 00:06:35,279 Speaker 1: been nearly seventeen years since Peterson killed his pregnant wife, 82 00:06:35,360 --> 00:06:38,960 Speaker 1: Lacy and their unborn child. He was sentenced to death 83 00:06:39,000 --> 00:06:42,120 Speaker 1: in March of two thousand and five. The State Supreme 84 00:06:42,120 --> 00:06:45,800 Speaker 1: Court overturned that sentence in twenty twenty, ruling the jury 85 00:06:45,920 --> 00:06:49,440 Speaker 1: was improperly screened for bias against the death penalty. A 86 00:06:49,600 --> 00:06:51,960 Speaker 1: judge is now deciding whether he will be granted a 87 00:06:52,040 --> 00:06:56,279 Speaker 1: new trial. M M with me and I'll star penalel 88 00:06:56,320 --> 00:06:57,960 Speaker 1: to make sense of what we know right now? Is 89 00:06:58,000 --> 00:07:01,640 Speaker 1: Scott Peterson yet again? Like a roller coaster when you 90 00:07:01,680 --> 00:07:06,240 Speaker 1: go over the very top hill and you flydown and 91 00:07:06,279 --> 00:07:09,040 Speaker 1: then all of a sudden, there's another one. There's another one. 92 00:07:09,800 --> 00:07:12,480 Speaker 1: That's what it feels like with a Scott Peterson conviction. 93 00:07:12,560 --> 00:07:16,520 Speaker 1: Here's another one. Del Carson is with me, high profile 94 00:07:16,720 --> 00:07:21,800 Speaker 1: lawyer joining us out Jacksonville, former FBI agent, author of 95 00:07:21,920 --> 00:07:24,280 Speaker 1: Arrest Proof Yourself, and you can find him at del 96 00:07:24,360 --> 00:07:27,640 Speaker 1: Carson law dot com. We're now psychologists joining us out 97 00:07:27,640 --> 00:07:30,920 Speaker 1: of Manhattan. Karen Start at Karen start dot com. Karen 98 00:07:31,000 --> 00:07:35,400 Speaker 1: with a C. Greg Smith Special Jepany Sheriff, Johnson County, 99 00:07:35,560 --> 00:07:38,920 Speaker 1: Executive director of the Kelsey Smith Foundation. And you can 100 00:07:38,960 --> 00:07:43,680 Speaker 1: find him at Kelsey's Army dot com. Doctor at Michelle Duprie, 101 00:07:43,880 --> 00:07:49,840 Speaker 1: longtime friend and colleague, former forensic pathologist, medical examiner, and 102 00:07:50,400 --> 00:07:54,880 Speaker 1: author of and this is a great book at Homicide 103 00:07:55,000 --> 00:07:59,360 Speaker 1: Investigation Field Guide. But first to Crime online dot com 104 00:07:59,400 --> 00:08:04,480 Speaker 1: investigate reporter Alexis terres Chuck. Alexis doesn't never end with 105 00:08:04,600 --> 00:08:08,480 Speaker 1: this guy, all the affairs, all the lies, the dyeing 106 00:08:08,600 --> 00:08:11,600 Speaker 1: the hair, and the trying to leave the country, the lying. 107 00:08:11,800 --> 00:08:14,360 Speaker 1: You remember when he was telling Amber Fry he was 108 00:08:14,400 --> 00:08:17,680 Speaker 1: I think in Paris for New Year, remember him? And 109 00:08:17,760 --> 00:08:21,160 Speaker 1: he even lied. He didn't lie just to Lacey's family, 110 00:08:21,160 --> 00:08:22,640 Speaker 1: He didn't lie to his own family. He was also 111 00:08:22,760 --> 00:08:25,000 Speaker 1: lying to Amber Well one that he was in Paris, 112 00:08:25,040 --> 00:08:28,080 Speaker 1: but two he initially said when he very first met 113 00:08:28,080 --> 00:08:33,120 Speaker 1: her his wife was dead. Before Lacey had even gone missing, 114 00:08:33,240 --> 00:08:35,560 Speaker 1: he told Amber that his wife was dead and this 115 00:08:35,559 --> 00:08:38,120 Speaker 1: would be his first Christmas as a widow. I mean, 116 00:08:38,160 --> 00:08:41,600 Speaker 1: wait a minute, del Carson, here's a hot shot defense attorney, 117 00:08:41,640 --> 00:08:44,199 Speaker 1: no offense, but what do you do with that? Your 118 00:08:44,240 --> 00:08:48,600 Speaker 1: client is either a killer or he is clairvoyant. And 119 00:08:48,640 --> 00:08:52,079 Speaker 1: you've told him before you don't believe in clairvoyance, So 120 00:08:52,640 --> 00:08:54,840 Speaker 1: I guess that means he's a killer. That's why you 121 00:08:54,920 --> 00:08:58,520 Speaker 1: don't run your mouth if you're a criminal. But he did. 122 00:08:59,440 --> 00:09:01,640 Speaker 1: So what do you do with that? You know, don't 123 00:09:01,679 --> 00:09:05,000 Speaker 1: play look here, not there with me. Don't even start 124 00:09:05,080 --> 00:09:08,120 Speaker 1: that with me. I ask you, what do you do 125 00:09:08,240 --> 00:09:12,400 Speaker 1: with that? As a defense attorney? When your client says, yeah, 126 00:09:13,000 --> 00:09:15,960 Speaker 1: this is my first Christmas as a widow, and guess 127 00:09:16,040 --> 00:09:19,240 Speaker 1: what a month later it is his first Christmas as 128 00:09:19,280 --> 00:09:23,960 Speaker 1: a widow, you try to discredit the alligator, right, the alleger? 129 00:09:24,800 --> 00:09:29,120 Speaker 1: Are you calling Amber Fry an alligator? I know what 130 00:09:29,160 --> 00:09:32,559 Speaker 1: you're doing, you know, long story short, this this guy 131 00:09:32,960 --> 00:09:36,920 Speaker 1: so Alexis Terres Schick. Didn't we just get out of court? 132 00:09:37,400 --> 00:09:41,440 Speaker 1: Didn't we just finish a hearing for Scott Peterson where 133 00:09:41,480 --> 00:09:45,200 Speaker 1: his death penalty conviction was not down to life? Did 134 00:09:45,200 --> 00:09:48,480 Speaker 1: that not just happen? That did just happen? And then 135 00:09:48,600 --> 00:09:50,200 Speaker 1: and you know, so there was a trial, there would 136 00:09:50,200 --> 00:09:52,680 Speaker 1: be hearing about it, and not a trial. There was 137 00:09:52,760 --> 00:09:56,280 Speaker 1: not a trial. There was a hearing, hearing and Scott 138 00:09:56,280 --> 00:09:59,240 Speaker 1: have you dassy to ask calling him Scott, It's like 139 00:09:59,320 --> 00:10:01,880 Speaker 1: you call J Simpson, Oh J, where are you going 140 00:10:01,920 --> 00:10:04,040 Speaker 1: to go out and have a drink after this program? 141 00:10:05,040 --> 00:10:06,520 Speaker 1: Do you think he's going to invite you over to 142 00:10:06,679 --> 00:10:11,079 Speaker 1: dinner and sell block and d What got Peterson wanted 143 00:10:11,120 --> 00:10:13,320 Speaker 1: to speak and the judge just said no way. But 144 00:10:13,360 --> 00:10:15,440 Speaker 1: you know who did speak in this hearing? Wait? Wait 145 00:10:15,440 --> 00:10:17,400 Speaker 1: wait wait wait wait wait wait wait, let me think 146 00:10:17,400 --> 00:10:20,960 Speaker 1: about that for a moment. Scott Peterson wants to be 147 00:10:21,000 --> 00:10:26,480 Speaker 1: the center of attention. Wow, he wants to speak. He 148 00:10:26,520 --> 00:10:41,520 Speaker 1: wants to open his mouth in court crime stories with 149 00:10:41,640 --> 00:10:46,440 Speaker 1: Nancy Grace. You know what sometimes you know? Do you? 150 00:10:46,480 --> 00:10:48,200 Speaker 1: Greg Smith? And then do you? I need to shrink 151 00:10:48,240 --> 00:10:53,520 Speaker 1: big time? Greg Smith? You have seen a lot and 152 00:10:54,000 --> 00:10:57,560 Speaker 1: you got into this business. I like myself, Well, I 153 00:10:57,559 --> 00:10:59,840 Speaker 1: don't know about that. Let me rephrase. You got in 154 00:10:59,840 --> 00:11:04,760 Speaker 1: the business unwillingly after your daughter was kidnapped and killed. 155 00:11:05,640 --> 00:11:08,360 Speaker 1: You can just stand by on the sidelines. You got 156 00:11:08,440 --> 00:11:13,680 Speaker 1: in the business. Does it ever surprise you how narcissistic 157 00:11:14,880 --> 00:11:17,880 Speaker 1: killers are? Like, it's all about him. He wants to 158 00:11:18,000 --> 00:11:22,640 Speaker 1: talk and that just irritates me. No, I agree, Nancy 159 00:11:22,840 --> 00:11:25,200 Speaker 1: iritates the crap out of me too. But that seems 160 00:11:25,240 --> 00:11:28,959 Speaker 1: to be a common characteristic between all these people that 161 00:11:29,080 --> 00:11:31,120 Speaker 1: do these types of things. They're very sure of themselves. 162 00:11:31,160 --> 00:11:34,320 Speaker 1: They think they're the smartest person in the room. Same 163 00:11:34,320 --> 00:11:39,800 Speaker 1: thing with Kelsie's killer. I mean, you watch the the 164 00:11:40,520 --> 00:11:43,559 Speaker 1: interrogation of him after he was arrested when they're talking 165 00:11:43,600 --> 00:11:46,000 Speaker 1: about Kelsey, and he honestly got thought that nobody knew 166 00:11:46,040 --> 00:11:49,760 Speaker 1: more than he did in that room. And you know, 167 00:11:49,800 --> 00:11:51,440 Speaker 1: I don't know what it is. I don't know why 168 00:11:51,960 --> 00:11:54,079 Speaker 1: that's a characteristic, but it seems to be a common 169 00:11:54,120 --> 00:11:55,960 Speaker 1: thread through all of them. You know, you brought up 170 00:11:56,280 --> 00:11:59,040 Speaker 1: a thought. Remember Karen, start with me a New York psychologist. 171 00:11:59,320 --> 00:12:06,480 Speaker 1: Remember how you and I together watched Jody Arius singing 172 00:12:07,800 --> 00:12:11,680 Speaker 1: in the interrogation room. I mean, she knew she was 173 00:12:11,720 --> 00:12:16,520 Speaker 1: being watched, and I believe she did like yoga did 174 00:12:16,559 --> 00:12:21,560 Speaker 1: a headstand. Oh, just all sorts of antics knowing she 175 00:12:21,679 --> 00:12:26,080 Speaker 1: knew darn well that she was being watched and starts singing, 176 00:12:26,080 --> 00:12:29,600 Speaker 1: and then even behind bars she won America's got talent? 177 00:12:30,120 --> 00:12:35,640 Speaker 1: Behind bars? Does the narcissism ever end? And here's Scott 178 00:12:35,640 --> 00:12:40,320 Speaker 1: Peterson when he's having a gift drop in his lap, 179 00:12:41,679 --> 00:12:45,000 Speaker 1: he gets cut from death penalty to life. He wants 180 00:12:45,040 --> 00:12:47,920 Speaker 1: to stand up and talk. You know what, shut your pile. 181 00:12:48,200 --> 00:12:51,480 Speaker 1: He always wanted to talk, Nancy, just like you brought 182 00:12:51,520 --> 00:12:56,280 Speaker 1: up the right person, Jodi Arius. Yeah, there's and their exhibitions. 183 00:12:56,280 --> 00:13:00,000 Speaker 1: They want to get attention. They don't have a conscience, 184 00:13:00,520 --> 00:13:04,600 Speaker 1: and so he's not plagued by thoughts of killing anybody. 185 00:13:04,960 --> 00:13:07,600 Speaker 1: He just wants to get out there. He believes that 186 00:13:07,960 --> 00:13:10,920 Speaker 1: he's brilliant to blug the law and he'll be able 187 00:13:10,960 --> 00:13:14,120 Speaker 1: to state his case. Don't you remember he's on television, 188 00:13:14,720 --> 00:13:20,000 Speaker 1: he gave interviews the phone call. You know, it's kind 189 00:13:20,000 --> 00:13:23,520 Speaker 1: of like second verse, same as the first. It's all 190 00:13:23,559 --> 00:13:26,240 Speaker 1: about him. And let me ask you this, Karen Stark. 191 00:13:27,559 --> 00:13:33,439 Speaker 1: Infidelity is not punishable under the law, so that is 192 00:13:33,480 --> 00:13:36,280 Speaker 1: just an irritant in this case, the fact that he cheated, 193 00:13:36,320 --> 00:13:40,320 Speaker 1: so battling on Lacy. But when I say second verse, 194 00:13:40,360 --> 00:13:45,839 Speaker 1: same as the first, that the serial cheating, and my 195 00:13:45,920 --> 00:13:49,040 Speaker 1: mind is some kind of a narcissism because you think 196 00:13:49,080 --> 00:13:52,480 Speaker 1: it's all about you and you getting some kind of 197 00:13:52,480 --> 00:13:57,359 Speaker 1: gratification or pleasure. It's not just about the sex. It's 198 00:13:57,440 --> 00:14:01,199 Speaker 1: something else that nobody else is there all just pawns 199 00:14:01,200 --> 00:14:04,680 Speaker 1: in your game, you know, and then when you got 200 00:14:04,679 --> 00:14:06,800 Speaker 1: a baby on the way, it's not just about you 201 00:14:06,840 --> 00:14:10,680 Speaker 1: and your wife. Like, there is no way I'm ever 202 00:14:10,720 --> 00:14:13,400 Speaker 1: going to cheat on David, not that I want to, 203 00:14:13,760 --> 00:14:17,800 Speaker 1: but even I've ever did want to, I would risk 204 00:14:18,120 --> 00:14:23,120 Speaker 1: losing to twins for Pete's sake. I mean, that's crazy talk. 205 00:14:23,840 --> 00:14:27,680 Speaker 1: Is that narcissism when you are having affairs with no 206 00:14:27,800 --> 00:14:31,480 Speaker 1: regard to the other people in your life, Well, there's 207 00:14:31,560 --> 00:14:35,200 Speaker 1: no sensism attached to it. But it's also a sexual addiction. 208 00:14:35,920 --> 00:14:41,200 Speaker 1: It's a way to overcome feelings of inferiority, not that 209 00:14:41,240 --> 00:14:46,080 Speaker 1: the person is aware of that. Insecurity depression, it's just 210 00:14:46,240 --> 00:14:50,240 Speaker 1: losing yourself and being with multiple partners. It has nothing 211 00:14:50,280 --> 00:14:53,440 Speaker 1: to do with true feelings. Like I keep saying, Nancy, 212 00:14:53,560 --> 00:14:56,440 Speaker 1: this is absolutely what you need to know about a killer. 213 00:14:56,840 --> 00:15:00,840 Speaker 1: There is no conscience, so each person which has no 214 00:15:00,920 --> 00:15:04,640 Speaker 1: real meaning. Even if he intended to kill Lacy so 215 00:15:05,160 --> 00:15:07,240 Speaker 1: it could be with Amber, it had nothing to do 216 00:15:07,280 --> 00:15:10,360 Speaker 1: with feelings. It just was moving on to the next person. 217 00:15:11,120 --> 00:15:15,200 Speaker 1: They're all dolls to him, not people. And once again, 218 00:15:15,240 --> 00:15:17,680 Speaker 1: as Alexis Tresha just pointed out, he gets in court. 219 00:15:17,720 --> 00:15:21,440 Speaker 1: He's getting his huge gift of his DP knocked down 220 00:15:21,440 --> 00:15:24,400 Speaker 1: to life and he wants to take the mic. Okay, 221 00:15:24,520 --> 00:15:27,080 Speaker 1: take a listen to our cut thirty seven our friend 222 00:15:27,160 --> 00:15:29,840 Speaker 1: Jim Ray at Inside Edition. This is what happened at 223 00:15:29,840 --> 00:15:33,600 Speaker 1: the last hearing. Wife killer Scott Peterson returned to court 224 00:15:33,880 --> 00:15:37,960 Speaker 1: for another day of reckoning. This just released mugshot shows 225 00:15:38,000 --> 00:15:41,320 Speaker 1: him as he looks now age forty nine, little change 226 00:15:41,360 --> 00:15:44,640 Speaker 1: from seventeen years ago when he stood trial for murdering 227 00:15:44,720 --> 00:15:48,080 Speaker 1: his pregnant wife Lacy and their unborn son, Connor, in 228 00:15:48,080 --> 00:15:51,880 Speaker 1: a case that riveted the nation. Peterson's family marched into 229 00:15:51,880 --> 00:15:54,720 Speaker 1: the courtroom. He did see them and gave them a big, 230 00:15:54,760 --> 00:15:58,200 Speaker 1: warm smile when he entered the courtroom. Lacy's family was 231 00:15:58,240 --> 00:16:01,960 Speaker 1: also present, but came through a private door. At today's hearing, 232 00:16:02,240 --> 00:16:05,640 Speaker 1: sixteen seats were allocated for Lacy's family and friends and 233 00:16:05,760 --> 00:16:09,680 Speaker 1: sixteen for peterson supporters. It's the first time Lacy's loved 234 00:16:09,680 --> 00:16:12,440 Speaker 1: ones have come face to face with her killer in 235 00:16:12,520 --> 00:16:16,120 Speaker 1: nearly two decades. They heard the judge re sentence Peterson 236 00:16:16,160 --> 00:16:19,000 Speaker 1: to life imprisonment, and he is no longer on death 237 00:16:19,080 --> 00:16:22,880 Speaker 1: row in San Quentins. His original death sentence was overturned, 238 00:16:22,960 --> 00:16:26,400 Speaker 1: and I want you to hear what was said in 239 00:16:26,600 --> 00:16:32,240 Speaker 1: court by Lacy's mom at our first drama with Scott 240 00:16:32,280 --> 00:16:35,720 Speaker 1: Peterson post conviction. Take a listen to our cut thirty 241 00:16:35,720 --> 00:16:39,440 Speaker 1: eight Jim Ray Inside edition. At today's hearing, Lacy's mother 242 00:16:39,480 --> 00:16:42,800 Speaker 1: told Peterson, I have seen no sorrow or remorse from 243 00:16:42,800 --> 00:16:46,280 Speaker 1: you at all. Lacy's dead, Scott, because she loved you. 244 00:16:46,520 --> 00:16:49,360 Speaker 1: She finished up by saying two facts remained the same 245 00:16:49,840 --> 00:16:54,600 Speaker 1: all these years later. Number one, Lacy and Connor are 246 00:16:54,640 --> 00:16:57,640 Speaker 1: still dead, and number two, you killed him, and then 247 00:16:57,680 --> 00:17:01,000 Speaker 1: she walked off. Lacey's sister Amy told him there have 248 00:17:01,120 --> 00:17:04,120 Speaker 1: been so many special occasions that Lacy and Connor should 249 00:17:04,160 --> 00:17:06,760 Speaker 1: have been here for. It makes me sick being here 250 00:17:06,800 --> 00:17:10,480 Speaker 1: today in front of you again. Speaking outside court today 251 00:17:10,760 --> 00:17:14,320 Speaker 1: was Peterson's sister in law, Jamie Peterson, who insists he 252 00:17:14,480 --> 00:17:17,320 Speaker 1: is innocent and he's been in prison for over eighteen 253 00:17:17,400 --> 00:17:20,320 Speaker 1: years for a crime he did not commit. Yes he did, 254 00:17:21,040 --> 00:17:25,680 Speaker 1: Yes he did. But I don't have a problem at 255 00:17:25,680 --> 00:17:32,000 Speaker 1: all with Jamie Peterson because if my son, my brother, 256 00:17:32,119 --> 00:17:35,080 Speaker 1: or my husband was charged with a crime, I wouldn't 257 00:17:35,119 --> 00:17:38,040 Speaker 1: believe it. I don't think I would let myself look 258 00:17:38,080 --> 00:17:41,120 Speaker 1: at the evidence, and I think that's what's happened to her, 259 00:17:41,200 --> 00:17:44,160 Speaker 1: and she has been standing by her brother in law 260 00:17:44,400 --> 00:17:48,440 Speaker 1: all this time as the family spokesperson. That doesn't mean 261 00:17:48,480 --> 00:17:52,240 Speaker 1: he's innocent, you know. I've got to ask everybody, why 262 00:17:52,280 --> 00:17:57,159 Speaker 1: do we keep seeing documentaries suggesting that Scott Peterson is 263 00:17:57,200 --> 00:18:01,720 Speaker 1: innocent and vilifying everyone, including the prosecutors in this case 264 00:18:02,440 --> 00:18:04,960 Speaker 1: that it says he's guilty along with the jury. What 265 00:18:05,000 --> 00:18:07,760 Speaker 1: do you make of that, Alexis Torez Chuck. I think 266 00:18:07,880 --> 00:18:10,320 Speaker 1: that there is a huge straw for this case because 267 00:18:10,359 --> 00:18:16,000 Speaker 1: of how absolutely beautiful Lacy was, I mean stunning, gorgeous woman. 268 00:18:16,520 --> 00:18:21,120 Speaker 1: And then Scott Peterson. Many people consider him very, very handsome, 269 00:18:21,320 --> 00:18:23,640 Speaker 1: and he hasn't changed at all. As you can see 270 00:18:23,640 --> 00:18:25,840 Speaker 1: from the recent monks, it looks exactly the same. Most 271 00:18:25,840 --> 00:18:29,399 Speaker 1: people don't thrive in prison. They look skinny, they look gone, 272 00:18:29,440 --> 00:18:32,920 Speaker 1: They haven't you had any time outside and the sun. 273 00:18:33,000 --> 00:18:34,960 Speaker 1: Scott looks like he's just got off the golf course. 274 00:18:35,359 --> 00:18:38,320 Speaker 1: So I think that the physical attraction of this case, 275 00:18:38,400 --> 00:18:41,479 Speaker 1: and then there's just the lurd details are something that 276 00:18:41,520 --> 00:18:46,439 Speaker 1: people are fascinated with. I think that it's a story 277 00:18:46,480 --> 00:18:50,080 Speaker 1: that is timeless. You know this, this innocent, beautiful, young victim, 278 00:18:50,200 --> 00:18:53,000 Speaker 1: and this man and his web of lies. Like people 279 00:18:53,040 --> 00:18:57,080 Speaker 1: cannot imagine how somebody could come up with so many lives. 280 00:18:57,160 --> 00:19:00,560 Speaker 1: I'm in Paris, my wife is dead, but I'm at 281 00:19:00,600 --> 00:19:03,520 Speaker 1: a bitil for my wife and baby who were missing. 282 00:19:03,520 --> 00:19:05,800 Speaker 1: And then he can remember he did things like he 283 00:19:06,040 --> 00:19:10,879 Speaker 1: sold Lacy's car before her body was even found. Channel 284 00:19:11,200 --> 00:19:14,840 Speaker 1: Yeah immediately, I mean she had been missing for like 285 00:19:14,960 --> 00:19:17,880 Speaker 1: three days in the order of the porn channel. Hint, hint. 286 00:19:18,560 --> 00:19:23,400 Speaker 1: And here we are today, and there's a chance, another 287 00:19:23,560 --> 00:19:26,359 Speaker 1: chance and a good chance that he could walk free 288 00:19:26,680 --> 00:19:30,800 Speaker 1: or get a new trial. Why take a less an 289 00:19:30,800 --> 00:19:33,520 Speaker 1: hour cut thirty nine. This is Amy Larson at k 290 00:19:33,760 --> 00:19:37,840 Speaker 1: r O in four. Today, Peterson's defense team asked for 291 00:19:38,040 --> 00:19:41,479 Speaker 1: more time in order to prepare for that trial. They 292 00:19:41,520 --> 00:19:45,200 Speaker 1: are looking into a juror who sat on Peterson's original 293 00:19:45,520 --> 00:19:48,800 Speaker 1: two thousand and four murder trial. This juror, her name 294 00:19:48,920 --> 00:19:52,000 Speaker 1: is Rochelle Nice. She is accused of being a so 295 00:19:52,160 --> 00:19:56,199 Speaker 1: called rogue juror who lied in order to be selected 296 00:19:56,520 --> 00:20:00,600 Speaker 1: for that jury that ultimately found Scott Peterson guilty of 297 00:20:00,720 --> 00:20:05,240 Speaker 1: murdering his wife, Lacy and their unborn son Connor. So 298 00:20:05,280 --> 00:20:09,240 Speaker 1: the judge granted that extension. They're getting sixty more days 299 00:20:09,280 --> 00:20:15,320 Speaker 1: to continue their investigation into Rochelle Nice. Now, the prosecution 300 00:20:15,480 --> 00:20:18,679 Speaker 1: opposed this. This legal process has been going on for 301 00:20:18,760 --> 00:20:20,960 Speaker 1: quite some time now. We've had a lot of Scott 302 00:20:21,000 --> 00:20:24,640 Speaker 1: Peterson hearings this year, and the prosecution wanted to move 303 00:20:24,720 --> 00:20:28,280 Speaker 1: forward with the criminal guilt phase of the trial to 304 00:20:28,320 --> 00:20:31,399 Speaker 1: get a decision on whether Scott Peterson will get a 305 00:20:31,600 --> 00:20:35,639 Speaker 1: new problem for the guilt faith. Before I get into 306 00:20:35,880 --> 00:20:41,160 Speaker 1: the legality of what, as I named her, Rochelle Nce, 307 00:20:41,880 --> 00:20:45,200 Speaker 1: did I want to ask doctor Michelle Duprey and keep 308 00:20:45,240 --> 00:20:48,720 Speaker 1: this in mind as we discussed these esoteric legal issues, 309 00:20:49,119 --> 00:20:54,760 Speaker 1: Doctor Michelle Duprey, could you explain to me why maybe 310 00:20:54,840 --> 00:21:00,119 Speaker 1: Connor was pristine when he was found washed up up 311 00:21:00,119 --> 00:21:05,560 Speaker 1: on the shore as opposed to Lacy, who was basically 312 00:21:05,600 --> 00:21:08,359 Speaker 1: just hair and bones. Well, Nancy, that's a very good question, 313 00:21:08,520 --> 00:21:12,639 Speaker 1: and the reason is anatomy. The baby was unborn. He 314 00:21:12,840 --> 00:21:15,760 Speaker 1: was protected by the strongest muscle in our body and 315 00:21:15,800 --> 00:21:18,600 Speaker 1: the thickest muscle in our body, the uterus, and that 316 00:21:18,640 --> 00:21:21,000 Speaker 1: protects him from all the elements, including the ocean and 317 00:21:21,080 --> 00:21:23,080 Speaker 1: anything that might be in it. So how long does 318 00:21:23,119 --> 00:21:26,520 Speaker 1: it take in water? For Well, first of all, I 319 00:21:26,560 --> 00:21:29,840 Speaker 1: guess the universe would not have been exposed to water 320 00:21:30,520 --> 00:21:35,400 Speaker 1: until her outside of her body, of Lacy's body decomposed, 321 00:21:35,720 --> 00:21:40,080 Speaker 1: I'm talking about her skin. And I guess there's not 322 00:21:40,160 --> 00:21:44,000 Speaker 1: any bones. Like the ribs protect the lungs, there's not 323 00:21:44,080 --> 00:21:48,480 Speaker 1: really any bones protecting the uterus. Do the hit bones 324 00:21:48,520 --> 00:21:51,080 Speaker 1: protect it at all? No? Not really. The uterus is 325 00:21:51,400 --> 00:21:54,200 Speaker 1: in the lower part of your abdominal cavity and it's 326 00:21:54,200 --> 00:21:57,600 Speaker 1: really not protected by anything except your fat, in your 327 00:21:57,640 --> 00:22:01,960 Speaker 1: bony fat, And so it has a lot of good insulation. 328 00:22:02,240 --> 00:22:04,680 Speaker 1: And again, the cooler, the temperature of the cooler the water, 329 00:22:04,960 --> 00:22:07,160 Speaker 1: that's also going to be very protective, and things will 330 00:22:07,200 --> 00:22:10,480 Speaker 1: decompose a lot more slowly, especially if it is such 331 00:22:10,520 --> 00:22:28,960 Speaker 1: a thick muscle like that. Crime stories with Nancy Grace again, 332 00:22:29,000 --> 00:22:31,960 Speaker 1: everybody on Nancy Grace, and this is crime story. Scott Peterson, 333 00:22:32,040 --> 00:22:35,720 Speaker 1: believe it or not, back in the headlines, trying his 334 00:22:35,880 --> 00:22:38,520 Speaker 1: best to get a new trial, hoping there'll be a 335 00:22:38,560 --> 00:22:41,720 Speaker 1: different outcome than the guilty verdict the first jury handed down. 336 00:22:42,280 --> 00:22:45,919 Speaker 1: Now he's already escaped the California death penalty because the 337 00:22:46,240 --> 00:22:53,359 Speaker 1: California Appellate Court ruled that certain jurars were excluded. Jurars 338 00:22:53,720 --> 00:22:56,919 Speaker 1: that said they were opposed to the death penalty but 339 00:22:57,520 --> 00:23:01,560 Speaker 1: could keep an open and fair mind. The Appellate Court 340 00:23:01,640 --> 00:23:04,560 Speaker 1: says they were excluded from the jury pool, and they 341 00:23:04,640 --> 00:23:08,560 Speaker 1: immediately reduced the death penalty down to life behind bars. 342 00:23:09,160 --> 00:23:13,200 Speaker 1: Now Peterson wants out of that sentence as well. This 343 00:23:13,280 --> 00:23:20,080 Speaker 1: case has gone on and on. Lacy was murdered years ago. 344 00:23:20,400 --> 00:23:24,000 Speaker 1: Peterson went to prison in two thousand and four, but 345 00:23:24,119 --> 00:23:27,960 Speaker 1: he and his supporters never give up. There have been 346 00:23:28,080 --> 00:23:34,600 Speaker 1: cable so called investigation specials that indicate he's really innocent, 347 00:23:34,680 --> 00:23:37,879 Speaker 1: but that is not the evidence that was presented at court, 348 00:23:38,400 --> 00:23:43,960 Speaker 1: and the jury agrees. Also, the California Supreme Court degrees. 349 00:23:44,359 --> 00:23:47,520 Speaker 1: They made it very clear in their last decision there 350 00:23:47,680 --> 00:23:51,399 Speaker 1: is ample evidence to believe Scott Peterson murdered his wife. 351 00:23:51,880 --> 00:23:55,359 Speaker 1: That's not the reason in sufficient evidence. He's trying to 352 00:23:55,359 --> 00:23:59,240 Speaker 1: get a new trial. Peterson and his defense team is 353 00:23:59,280 --> 00:24:04,920 Speaker 1: claiming that there was Girard misconduct, that Girard gar number seven. 354 00:24:05,000 --> 00:24:08,800 Speaker 1: Rochelle nice He says she lied, lied through her teeth. 355 00:24:09,119 --> 00:24:13,120 Speaker 1: Now she once years before the trial, had taken out 356 00:24:13,320 --> 00:24:19,879 Speaker 1: a t r against her boyfriend's ex girlfriend that Nice 357 00:24:19,920 --> 00:24:25,760 Speaker 1: claimed was harassing her during her pregnancy. During Nice's pregnancy, also, 358 00:24:25,960 --> 00:24:30,560 Speaker 1: there are claims that she was the victim of domestic abuse. Well, 359 00:24:30,720 --> 00:24:34,639 Speaker 1: Rachelle Nice says she did not consider herself to be 360 00:24:34,680 --> 00:24:38,840 Speaker 1: a crime victim, nor did she consider the age old 361 00:24:38,920 --> 00:24:43,400 Speaker 1: t r O to be part of a lawsuit. Those 362 00:24:43,440 --> 00:24:48,119 Speaker 1: are the two questions, and the defense is dancing in 363 00:24:48,160 --> 00:24:50,680 Speaker 1: the hallway. Take a list oar cut forty one k 364 00:24:51,080 --> 00:24:54,680 Speaker 1: r O N four. The defense team of Scott Peterson 365 00:24:54,800 --> 00:24:57,840 Speaker 1: is trying to have his conviction overturned and they are 366 00:24:57,840 --> 00:25:02,680 Speaker 1: seeking a new trial claim one juror committed misconduct. They 367 00:25:02,720 --> 00:25:05,199 Speaker 1: say she lied in order to make it onto the 368 00:25:05,280 --> 00:25:09,280 Speaker 1: jury panel that ultimately found Peterson guilty of murder and 369 00:25:09,359 --> 00:25:13,359 Speaker 1: sentenced him to death. That juror is Rochelle Nice. You 370 00:25:13,440 --> 00:25:16,760 Speaker 1: may recognize her from the highly publicized two thousand and 371 00:25:16,760 --> 00:25:20,960 Speaker 1: five trial. She was nicknamed Strawberry Shortcake for her fiery 372 00:25:21,000 --> 00:25:24,520 Speaker 1: red hair. I spoke with Rochelle Nice's attorneys to hear 373 00:25:24,560 --> 00:25:27,399 Speaker 1: her side of the story. They say she's been unfairly 374 00:25:27,440 --> 00:25:32,280 Speaker 1: painted as a monster, and they deny any allegations of misconduct. 375 00:25:33,160 --> 00:25:37,800 Speaker 1: Scott Peterson's defense team as large petition of Habeas Corpus, 376 00:25:38,640 --> 00:25:42,480 Speaker 1: and one of the counts in that petition has alleged 377 00:25:43,280 --> 00:25:50,200 Speaker 1: that our client, Rachelle Nice, purposefully lied on her questionnaire 378 00:25:50,600 --> 00:25:52,760 Speaker 1: in order to get on the jury because she wanted 379 00:25:52,880 --> 00:25:58,080 Speaker 1: to convince Scott Peterson. Okay to you, I'll like to 380 00:25:58,200 --> 00:26:00,440 Speaker 1: stress shot crime online dot com. Best to get a 381 00:26:00,520 --> 00:26:03,960 Speaker 1: reporter explained to me what's happening. So all of the 382 00:26:04,080 --> 00:26:07,800 Speaker 1: other legal avenues for Scott Peterson have been exhausted. His 383 00:26:07,880 --> 00:26:11,399 Speaker 1: attorneys have tried everything under their power to get this 384 00:26:11,480 --> 00:26:14,520 Speaker 1: case overturned because of legal things that they haven't been 385 00:26:14,520 --> 00:26:16,520 Speaker 1: able to find it. So they are focusing on this 386 00:26:16,600 --> 00:26:21,840 Speaker 1: one error who over the years has kept in a 387 00:26:22,000 --> 00:26:24,480 Speaker 1: keptain context on right word. She has written letters to 388 00:26:24,640 --> 00:26:27,760 Speaker 1: Scott in prison, and so they have focused in on 389 00:26:27,800 --> 00:26:31,000 Speaker 1: her and say that she has lied. She lied on 390 00:26:31,119 --> 00:26:35,640 Speaker 1: herder application, not an application questions writing him behind mars Well, 391 00:26:35,680 --> 00:26:38,560 Speaker 1: she said she wanted to find out why he did this, 392 00:26:38,760 --> 00:26:42,760 Speaker 1: that she was so traumatized and horrified by what it 393 00:26:42,840 --> 00:26:44,840 Speaker 1: actually happened that she hoped that he would explain to 394 00:26:44,840 --> 00:26:49,280 Speaker 1: her what the reasoning was behind what happened. I don't 395 00:26:49,280 --> 00:26:51,159 Speaker 1: believe he's ever written her back and said, here are 396 00:26:51,160 --> 00:26:54,360 Speaker 1: the reasons why I killed Lacy. So she but she 397 00:26:54,440 --> 00:26:57,919 Speaker 1: has said repeatedly over the years. The reason she didn't 398 00:26:57,960 --> 00:27:01,679 Speaker 1: put these that in her application or her questionnaire, what 399 00:27:01,800 --> 00:27:05,000 Speaker 1: had happened to her personally with it wasn't the same 400 00:27:05,240 --> 00:27:08,879 Speaker 1: thing she said she was. She never thought she was 401 00:27:08,960 --> 00:27:12,959 Speaker 1: going to be murdered by the boyfriend. That she was 402 00:27:13,400 --> 00:27:17,000 Speaker 1: filing a restraining order. She didn't think it was in 403 00:27:17,040 --> 00:27:19,960 Speaker 1: any way, shape or formed the same situation. She just 404 00:27:20,000 --> 00:27:21,760 Speaker 1: didn't think that she was going to end of being murdered. 405 00:27:21,920 --> 00:27:24,320 Speaker 1: It was just a bad domestic situation. Hold on, Wait 406 00:27:24,359 --> 00:27:26,359 Speaker 1: a minute, Wait a minute. I thought that the defense 407 00:27:26,480 --> 00:27:28,760 Speaker 1: is climbing. That she lied as to whether she's ever 408 00:27:28,840 --> 00:27:31,880 Speaker 1: been a crime victim and whether she's been a party 409 00:27:31,920 --> 00:27:36,240 Speaker 1: to a lawsuit, both of which she answered no. Now 410 00:27:36,280 --> 00:27:40,760 Speaker 1: it's my understanding that the lawsuit, the defense is climbing. 411 00:27:41,040 --> 00:27:46,080 Speaker 1: It's was she had a restraining order taken out against 412 00:27:46,080 --> 00:27:49,359 Speaker 1: the boyfriend. Is that because I don't really consider that 413 00:27:49,400 --> 00:27:53,280 Speaker 1: a lawsuit. Correct, There actually was a lawsuit. It's a 414 00:27:53,280 --> 00:27:56,280 Speaker 1: little more complicated. She ended up there was there was 415 00:27:56,320 --> 00:28:00,600 Speaker 1: a boyfriend's new girlfriend and the two of them were 416 00:28:00,760 --> 00:28:05,520 Speaker 1: arguing back and forth, and so that was where that 417 00:28:05,840 --> 00:28:09,880 Speaker 1: I believe they arguing at fourth complete go ahead. What 418 00:28:09,920 --> 00:28:12,520 Speaker 1: was that lawsuit about. I believe it was like a 419 00:28:12,560 --> 00:28:17,960 Speaker 1: defamation lawsuit. It was a restraining order that she obtained 420 00:28:18,560 --> 00:28:26,080 Speaker 1: against her then boyfriend's former girlfriend for stalking and threatening. Correct. 421 00:28:26,119 --> 00:28:29,320 Speaker 1: But again, she didn't at the time believe that this 422 00:28:29,400 --> 00:28:31,680 Speaker 1: had anything to do with the lady child. That is 423 00:28:31,720 --> 00:28:34,160 Speaker 1: what she has said over the years. That's why she 424 00:28:34,240 --> 00:28:36,840 Speaker 1: left it off because I believe the questionnaire was something 425 00:28:37,000 --> 00:28:39,760 Speaker 1: very close to what had happened too lazy, you know, 426 00:28:39,760 --> 00:28:41,640 Speaker 1: were you ever a victim of a crime? Where? And 427 00:28:41,720 --> 00:28:43,880 Speaker 1: she thought, well, I am not at all like this. 428 00:28:43,920 --> 00:28:46,280 Speaker 1: I never thought anybody was going to kill me. I 429 00:28:46,320 --> 00:28:50,400 Speaker 1: went on, was pregnant. That is her story exactly. So 430 00:28:51,680 --> 00:28:56,720 Speaker 1: is it the defense contention that the only time Rochelle 431 00:28:56,920 --> 00:29:00,360 Speaker 1: Nice would have been a crime victim under the the 432 00:29:00,440 --> 00:29:05,120 Speaker 1: defense definition, it's when she was being harassed by the girl, 433 00:29:05,320 --> 00:29:09,160 Speaker 1: the ex girlfriend, Or is there something else alexis terrestchuk 434 00:29:09,280 --> 00:29:12,760 Speaker 1: there is also she took out a restraining order against 435 00:29:12,800 --> 00:29:17,520 Speaker 1: a boyfriend at the time because they were again having 436 00:29:17,520 --> 00:29:20,240 Speaker 1: a domestic dispute. So there are two cases, yet two 437 00:29:20,360 --> 00:29:26,400 Speaker 1: situations with her. Yeah, so the civil yes, thank you, 438 00:29:26,400 --> 00:29:29,160 Speaker 1: you're right, go ahead Dale twenty years ago that would 439 00:29:29,160 --> 00:29:32,640 Speaker 1: have been civil, not criminal. And the result is that 440 00:29:32,720 --> 00:29:37,760 Speaker 1: she probably answered appropriately. And there are three reasons why 441 00:29:37,840 --> 00:29:40,720 Speaker 1: the court would even consider this, And the first is 442 00:29:41,040 --> 00:29:45,239 Speaker 1: it's got to be directly relevant and material, and the 443 00:29:45,320 --> 00:29:49,720 Speaker 1: second is that the disclosure has to be absolutely intentional. 444 00:29:49,960 --> 00:29:52,840 Speaker 1: And the last and most important here is that a 445 00:29:52,960 --> 00:29:58,000 Speaker 1: defense counsel failed to ask the appropriate questions. Then it 446 00:29:58,040 --> 00:30:03,880 Speaker 1: turns into a problem with his ineffective assistance of counsel. 447 00:30:04,520 --> 00:30:07,520 Speaker 1: So it's a huge problem, and the Court's not going 448 00:30:07,640 --> 00:30:11,160 Speaker 1: to change this outcome of this trial in my view. 449 00:30:11,760 --> 00:30:15,000 Speaker 1: You do know we're in California, right Ah, I had forgotten, 450 00:30:15,440 --> 00:30:36,200 Speaker 1: So who knows what's going to happen time stories with 451 00:30:36,360 --> 00:30:42,320 Speaker 1: Nancy Grace. You know, very often issues on appeal del 452 00:30:42,480 --> 00:30:52,080 Speaker 1: Carson will turn on but four. But four her alleged lie, 453 00:30:52,760 --> 00:30:55,960 Speaker 1: which I don't know that I see it as a lie, 454 00:30:56,400 --> 00:30:59,960 Speaker 1: but because when you lie, you assume to me it's intention. 455 00:31:00,440 --> 00:31:04,240 Speaker 1: But for the light, would the outcome of the trial 456 00:31:04,560 --> 00:31:09,280 Speaker 1: have been different? Very often you see that weighed on 457 00:31:09,480 --> 00:31:15,160 Speaker 1: appeal and if not, then it would be deemed harmless error. 458 00:31:15,600 --> 00:31:17,960 Speaker 1: What do you make of that, Well, that's exactly right, 459 00:31:18,520 --> 00:31:22,480 Speaker 1: and ultimately it's probably going to be harmless error because 460 00:31:22,520 --> 00:31:26,760 Speaker 1: there is just a last dying attempt for the lawyers 461 00:31:26,840 --> 00:31:29,480 Speaker 1: to figure out some manner in which to bring this 462 00:31:29,600 --> 00:31:32,760 Speaker 1: before the court and into the public view, which is 463 00:31:33,040 --> 00:31:37,080 Speaker 1: precisely what's happened here. But it doesn't mean that Scott 464 00:31:37,120 --> 00:31:40,719 Speaker 1: Peterson is innocent of the crime, as you say, And 465 00:31:40,760 --> 00:31:43,960 Speaker 1: when you talk about that, the poor body of the 466 00:31:44,120 --> 00:31:48,080 Speaker 1: child floating up in the out of the ocean, you know, 467 00:31:48,280 --> 00:31:52,160 Speaker 1: the adipose tissue around the body is going to protect 468 00:31:52,200 --> 00:31:56,400 Speaker 1: it well into death, and it's just horrifying. That's why 469 00:31:56,440 --> 00:31:59,239 Speaker 1: there's such an interest in this case. When you have 470 00:31:59,520 --> 00:32:04,040 Speaker 1: a woman one who's killed and her unborn child floats 471 00:32:04,160 --> 00:32:08,000 Speaker 1: up to draw the line directly to the killer, I 472 00:32:08,080 --> 00:32:12,120 Speaker 1: want to advise everybody and alexis correct me if I'm wrong. 473 00:32:13,560 --> 00:32:19,560 Speaker 1: Prosecutor's response to the defense is that the questionnaire asked 474 00:32:19,680 --> 00:32:24,160 Speaker 1: if Rochelle Niece had ever been the subject of a lawsuit, 475 00:32:24,800 --> 00:32:29,240 Speaker 1: and that Niece did not understand that a restraining order 476 00:32:29,680 --> 00:32:34,600 Speaker 1: could be construed as a sort of lawsuit regarding the 477 00:32:34,680 --> 00:32:39,520 Speaker 1: domestic violence incident. Now see now that restraining order was 478 00:32:39,640 --> 00:32:43,959 Speaker 1: against her boyfriend's ex girlfriend, who she says was stalking 479 00:32:44,000 --> 00:32:47,280 Speaker 1: and harassing her. Then you've got part two, a domestic 480 00:32:47,400 --> 00:32:53,280 Speaker 1: violence incident. Niece filed a declaration describing that incident as 481 00:32:53,400 --> 00:32:58,120 Speaker 1: a quote heated argument. She says it was her then boyfriend, 482 00:32:58,480 --> 00:33:01,560 Speaker 1: not her, who called a police and she did not 483 00:33:01,720 --> 00:33:06,440 Speaker 1: consider herself a victim. Karen starton, does that change things? 484 00:33:07,200 --> 00:33:10,680 Speaker 1: I think it changes everything. Nancy. I don't even understand 485 00:33:11,080 --> 00:33:13,600 Speaker 1: how it got to be as far as it is 486 00:33:13,640 --> 00:33:17,640 Speaker 1: at this point that she's able to testify if she 487 00:33:17,840 --> 00:33:21,400 Speaker 1: is about this because the story is not the same. 488 00:33:21,960 --> 00:33:25,160 Speaker 1: It just doesn't make any sense to me. As you 489 00:33:25,240 --> 00:33:27,840 Speaker 1: can saying, it's not really that kind of a crime, 490 00:33:28,280 --> 00:33:32,280 Speaker 1: it has nothing to do with the murder, and whatever 491 00:33:32,320 --> 00:33:35,680 Speaker 1: she read she read that it was not the same 492 00:33:35,720 --> 00:33:39,120 Speaker 1: to her, and that makes sense to me. I want 493 00:33:39,120 --> 00:33:44,040 Speaker 1: you to take a listen to my TV home Fox 494 00:33:44,600 --> 00:33:47,960 Speaker 1: News special Our cut four on the Scott Peterson case. 495 00:33:48,720 --> 00:33:50,640 Speaker 1: When you think about what it would be like for 496 00:33:50,760 --> 00:33:54,239 Speaker 1: you with the person that you love the most, what 497 00:33:54,280 --> 00:33:56,360 Speaker 1: would you be doing? You know, most of us would 498 00:33:56,400 --> 00:33:58,640 Speaker 1: say I would be out pounding on the doors. I 499 00:33:58,640 --> 00:34:00,720 Speaker 1: would be out screaming from the rooftop where issue I 500 00:34:00,760 --> 00:34:03,200 Speaker 1: would be out calling her name. He wasn't at the forefront. 501 00:34:03,440 --> 00:34:06,479 Speaker 1: He wasn't the one kind of leading the search for 502 00:34:06,520 --> 00:34:09,600 Speaker 1: his missing wife. You see it from the other family members, 503 00:34:09,640 --> 00:34:14,880 Speaker 1: that desperate grief, that desperate fear. Where is she? Is 504 00:34:14,880 --> 00:34:17,279 Speaker 1: she cold? Is she okay? To somebody have her? How 505 00:34:17,280 --> 00:34:20,480 Speaker 1: do we get her? We've been through so much these 506 00:34:20,560 --> 00:34:22,440 Speaker 1: last days that I'd like to make a plea to 507 00:34:22,480 --> 00:34:26,320 Speaker 1: the person or persons who have my daughter, please bring 508 00:34:26,360 --> 00:34:29,360 Speaker 1: our daughter home. And this is your beautiful smile and 509 00:34:29,440 --> 00:34:32,759 Speaker 1: your fun loving personality. Every time we were together, I 510 00:34:32,800 --> 00:34:35,560 Speaker 1: could feel the unconditional love between the both of us. 511 00:34:35,600 --> 00:34:38,759 Speaker 1: And then you cut to what he looked like, what 512 00:34:38,880 --> 00:34:41,879 Speaker 1: he sounded like today? How were you remembering your wife 513 00:34:41,880 --> 00:34:45,839 Speaker 1: and your sin? That's very personally. I'm entertainer. I look 514 00:34:45,920 --> 00:34:50,280 Speaker 1: for obviously at times when it's difficulty go on, obviously 515 00:34:50,280 --> 00:34:55,200 Speaker 1: we get these games, thanks very much. So. Right now again, 516 00:34:55,760 --> 00:35:00,560 Speaker 1: the state and Lacy Peter Peterson's family are in the 517 00:35:00,600 --> 00:35:04,920 Speaker 1: fight of their life trying to hold this conviction. And 518 00:35:05,000 --> 00:35:08,400 Speaker 1: back to you, Dell Carson, I remember there would be 519 00:35:08,440 --> 00:35:10,920 Speaker 1: times when I would work in our appellate division, and 520 00:35:10,960 --> 00:35:13,840 Speaker 1: of course wrote all the appeals of my own cases 521 00:35:14,040 --> 00:35:16,680 Speaker 1: where I got a guilty verdict and argue them to 522 00:35:16,760 --> 00:35:20,440 Speaker 1: the appellate courts. But this is where the appellate the 523 00:35:20,480 --> 00:35:26,160 Speaker 1: appellate division is so critical. In the district Attorney's office, 524 00:35:26,480 --> 00:35:30,600 Speaker 1: now the state ag also has an appellate division that 525 00:35:30,680 --> 00:35:33,600 Speaker 1: will be writing an amaricust Cury brief, which is a 526 00:35:33,600 --> 00:35:37,840 Speaker 1: friend of the court brief to hold murder convictions as well. 527 00:35:38,160 --> 00:35:41,719 Speaker 1: So you've got two people writing to hold this conviction 528 00:35:42,120 --> 00:35:47,280 Speaker 1: and not allow emotion for a new trial to succeed. Because, again, 529 00:35:47,360 --> 00:35:52,200 Speaker 1: Dell Carson, you named three of the critical rationales for 530 00:35:52,360 --> 00:35:56,000 Speaker 1: whether there will be a new trial granted and the 531 00:35:56,120 --> 00:36:02,080 Speaker 1: previous guilty conviction vacated. And what are the considerations? Again, 532 00:36:02,200 --> 00:36:06,440 Speaker 1: del Carson. The first point here is that during the 533 00:36:06,520 --> 00:36:12,000 Speaker 1: vote ire, the information that this woman delivered to the 534 00:36:12,040 --> 00:36:17,439 Speaker 1: court has to be relevant somehow. In other words, she 535 00:36:17,880 --> 00:36:22,920 Speaker 1: has intentionally lied intentional as the word here, in order 536 00:36:22,960 --> 00:36:26,480 Speaker 1: to be on the panel. And the third is that 537 00:36:26,880 --> 00:36:32,279 Speaker 1: defense attorneys are required to ask the appropriate questions and 538 00:36:32,320 --> 00:36:35,680 Speaker 1: if they failed to ask the appropriate questions and elicit 539 00:36:35,880 --> 00:36:40,359 Speaker 1: from her information that they wanted that might disqualify her, 540 00:36:40,680 --> 00:36:43,000 Speaker 1: and they failed to do it, then it's on them. 541 00:36:43,600 --> 00:36:47,560 Speaker 1: And as you well know, Nancy, the criteria or the 542 00:36:47,600 --> 00:36:52,080 Speaker 1: basis for winning something like this is an objective standard 543 00:36:52,080 --> 00:36:57,520 Speaker 1: of reasonableness. It's not maybe or if possibly, because as 544 00:36:57,520 --> 00:37:01,560 Speaker 1: you say, this would be harmless error. Guys, we are 545 00:37:01,640 --> 00:37:06,799 Speaker 1: all on pins and needles as we wait to you 546 00:37:06,960 --> 00:37:10,120 Speaker 1: Alexis Tourez Chuck, what is the next step in this 547 00:37:10,160 --> 00:37:15,319 Speaker 1: process to Scott Peterson potentially walking free. Well, Rachelle has 548 00:37:15,360 --> 00:37:18,359 Speaker 1: been given immunity, So when then there's going to be 549 00:37:19,040 --> 00:37:21,680 Speaker 1: the new sentencing space, I'm sorry, not the sentence space, 550 00:37:22,080 --> 00:37:25,560 Speaker 1: just another trial. Basically, she has been given immunity and 551 00:37:25,640 --> 00:37:29,400 Speaker 1: she will be able to talk without the risk of 552 00:37:29,440 --> 00:37:33,520 Speaker 1: self incrimination. So she's I guess they think that this 553 00:37:33,640 --> 00:37:36,439 Speaker 1: is a good thing, that nothing she's going to say 554 00:37:36,800 --> 00:37:39,680 Speaker 1: is going to affect what happened, that it's not going 555 00:37:39,719 --> 00:37:42,239 Speaker 1: to be overturned because they're not going to see that 556 00:37:42,400 --> 00:37:45,360 Speaker 1: she was intentionally trying to get on this jury to 557 00:37:45,480 --> 00:37:48,640 Speaker 1: throw it in against Scott's favor. So there will be 558 00:37:48,960 --> 00:37:53,239 Speaker 1: a new trial coming up, and I don't believe that 559 00:37:53,320 --> 00:37:55,080 Speaker 1: it has been scheduled. I think there's something coming up 560 00:37:55,080 --> 00:37:57,239 Speaker 1: at the end of February. There. I wouldn't call it 561 00:37:57,280 --> 00:38:00,520 Speaker 1: a trial, I would call it an evidentiary hearing, okay, 562 00:38:00,920 --> 00:38:05,000 Speaker 1: because the next phase, to my understanding, Alexis tres check, 563 00:38:05,400 --> 00:38:09,920 Speaker 1: is there's going to be testimony at which Rachelle Nie 564 00:38:10,280 --> 00:38:14,759 Speaker 1: will testify with immunity about why she answered the questionnaire 565 00:38:14,880 --> 00:38:18,120 Speaker 1: the way she did. Is that correct? Yes? That is 566 00:38:18,480 --> 00:38:22,560 Speaker 1: as of right now, that evidentiary hearing has not happened. 567 00:38:22,880 --> 00:38:25,840 Speaker 1: Is that correct? Correct? It has not. So when you 568 00:38:25,880 --> 00:38:29,600 Speaker 1: say trial, that means you have a jury pool about 569 00:38:29,600 --> 00:38:32,160 Speaker 1: one hundred and two hundred people and you get twelve 570 00:38:32,200 --> 00:38:35,440 Speaker 1: plus alternates and then you put up evidence. That's not 571 00:38:35,520 --> 00:38:40,160 Speaker 1: what's going to happen. Correct, correct. So right now we 572 00:38:40,200 --> 00:38:45,200 Speaker 1: are looking at a February date for, hopefully for an 573 00:38:45,200 --> 00:38:52,000 Speaker 1: evidentiary hearing at which Rachelle Nie Strawberry Shortcake that you 574 00:38:52,200 --> 00:38:58,319 Speaker 1: are will likely testify with immunity to explain why she 575 00:38:58,520 --> 00:39:01,719 Speaker 1: answered the questionnaire that you're our questionnaire the way that 576 00:39:01,840 --> 00:39:06,120 Speaker 1: she did. Do you agree with that, Alexis tres Chuck. 577 00:39:06,280 --> 00:39:08,719 Speaker 1: I do, and I think that the prosecutors are very 578 00:39:08,760 --> 00:39:12,480 Speaker 1: confident that whatever she says, is not going to change 579 00:39:12,480 --> 00:39:16,359 Speaker 1: what happened, but she is not going to have some 580 00:39:16,440 --> 00:39:20,320 Speaker 1: bombshell confession that she did plot to get on this trial. 581 00:39:20,360 --> 00:39:23,560 Speaker 1: I think that she's going to explain exactly why she 582 00:39:23,680 --> 00:39:26,400 Speaker 1: answered the questionnaire the way she did, and they feel 583 00:39:26,400 --> 00:39:29,000 Speaker 1: like that this is solid and this will not overturn 584 00:39:29,080 --> 00:39:32,000 Speaker 1: scots guilty verdict. Take a listen to our cut twenty 585 00:39:32,080 --> 00:39:35,600 Speaker 1: if you have any further doubts again my TV home 586 00:39:35,880 --> 00:39:41,120 Speaker 1: Foxnews special to Scott Peterson case. Scott Peterson reportedly had 587 00:39:41,160 --> 00:39:44,480 Speaker 1: ten thousand dollars in cash, his brother's idep and a 588 00:39:44,600 --> 00:39:47,960 Speaker 1: smart alec attitude when cops busted him for the murder 589 00:39:47,960 --> 00:39:51,279 Speaker 1: of his pregnant wife. And then there's the change of appearance, 590 00:39:51,560 --> 00:39:54,759 Speaker 1: the new blonde hair and goatee, making you wonder if 591 00:39:54,760 --> 00:39:57,120 Speaker 1: he was getting ready to run. He had tried to 592 00:39:57,160 --> 00:40:01,200 Speaker 1: alter his appearance dyeing his beard. He had cash, he 593 00:40:01,320 --> 00:40:06,360 Speaker 1: had a weapon, camping paraphernalia, water purifiers, everything that looked 594 00:40:06,360 --> 00:40:09,120 Speaker 1: like a man on the run. He had way too 595 00:40:09,200 --> 00:40:11,839 Speaker 1: much stuff to be just casually going out of town. 596 00:40:12,120 --> 00:40:14,200 Speaker 1: That was being prepared to be on the run for 597 00:40:14,200 --> 00:40:17,120 Speaker 1: a while. They catch him, They got him. They're taking 598 00:40:17,160 --> 00:40:19,920 Speaker 1: him in. He says, I heard that there were bodies. 599 00:40:20,200 --> 00:40:23,120 Speaker 1: Tell me it wasn't them. He knows that it's them, 600 00:40:23,760 --> 00:40:28,759 Speaker 1: and off he goes back up to jail in Northern California. 601 00:40:28,960 --> 00:40:32,320 Speaker 1: This case has been through so many twists and turns. 602 00:40:32,440 --> 00:40:36,480 Speaker 1: Karen start, what toll is this taking on Lycey's mother, 603 00:40:36,560 --> 00:40:40,600 Speaker 1: Sharon Rachel. Well just think about it, Nancy. As Sharon 604 00:40:40,680 --> 00:40:43,840 Speaker 1: says herself, not a day goes by where she doesn't 605 00:40:43,880 --> 00:40:48,040 Speaker 1: think about her daughter, Lacy and Connor. And now all 606 00:40:48,080 --> 00:40:52,080 Speaker 1: of this is coming up again. So she's being retraumatized 607 00:40:52,120 --> 00:40:57,280 Speaker 1: without any kind of wonderful solution that Scott is confessing 608 00:40:57,520 --> 00:41:01,880 Speaker 1: or saying he's sorry, or this just keeps going on 609 00:41:02,040 --> 00:41:05,719 Speaker 1: and on for her, for the family, it is very 610 00:41:05,920 --> 00:41:10,960 Speaker 1: very sad and unfortunate. I'm trying to figure out, doctor 611 00:41:11,000 --> 00:41:17,160 Speaker 1: Michelle Dupree, forensic pathologist. You and I've dealt with so 612 00:41:17,360 --> 00:41:21,279 Speaker 1: many murders and seventy murderers. I don't think they have 613 00:41:21,360 --> 00:41:24,440 Speaker 1: in their mind what could happen to them if they're caught. 614 00:41:24,960 --> 00:41:28,080 Speaker 1: But a lot of planning went into the disposal of 615 00:41:28,239 --> 00:41:31,399 Speaker 1: Lacey's body. Explain, But I think you're right. They don't 616 00:41:31,400 --> 00:41:34,239 Speaker 1: think about what happens if they get caught. They think 617 00:41:34,239 --> 00:41:37,040 Speaker 1: they're going to get away with it. They have absolutely 618 00:41:37,040 --> 00:41:40,640 Speaker 1: no regard for anyone, really, I think, except themselves, and 619 00:41:40,680 --> 00:41:43,680 Speaker 1: so they just don't think they'll go got you know, 620 00:41:43,840 --> 00:41:47,799 Speaker 1: to you Alexis Terres, the amount of planning it took 621 00:41:47,840 --> 00:41:52,040 Speaker 1: to dispose of Lacey's body was overwhelming. Explain, Well, it 622 00:41:52,200 --> 00:41:56,799 Speaker 1: started with Scott's alibi or excuse as to where he was. 623 00:41:56,840 --> 00:41:58,960 Speaker 1: You know, he told the whole family he was golfing 624 00:41:59,000 --> 00:42:02,279 Speaker 1: the next day, so he is gone all day. Comes 625 00:42:02,280 --> 00:42:04,279 Speaker 1: from Lacey's family has not heard from her all day. 626 00:42:04,480 --> 00:42:08,319 Speaker 1: The mom and dad's stepdad talked to her repeatedly, they 627 00:42:08,320 --> 00:42:11,000 Speaker 1: haven't heard Mersons eight thirty pm. They're wondering where they are, 628 00:42:11,000 --> 00:42:14,759 Speaker 1: wondering where they are, and then Scott tells them, oh, 629 00:42:14,760 --> 00:42:17,360 Speaker 1: I've been golfing all day. Scott was not even the 630 00:42:17,400 --> 00:42:20,560 Speaker 1: one in the very beginning to call the police. Lacey's 631 00:42:20,600 --> 00:42:23,879 Speaker 1: stepdad was the first person. So you come home, your 632 00:42:23,880 --> 00:42:26,840 Speaker 1: pregnant wife is missing. My husband would have had a 633 00:42:26,840 --> 00:42:29,759 Speaker 1: heart attack. He would have called everybody under the sun, 634 00:42:30,000 --> 00:42:33,320 Speaker 1: not Scott. So the father is the first one that 635 00:42:33,400 --> 00:42:36,880 Speaker 1: called the police, and he said, my son or I 636 00:42:36,960 --> 00:42:39,160 Speaker 1: probably called him son because they were so close. But 637 00:42:39,440 --> 00:42:43,080 Speaker 1: my daughter's husband was out golfing. He came home and 638 00:42:43,200 --> 00:42:46,200 Speaker 1: she is missing. While it turned out, Scott then told 639 00:42:46,200 --> 00:42:48,000 Speaker 1: the police, well, I wasn't really golfing at all. I 640 00:42:48,080 --> 00:42:51,319 Speaker 1: was fishing. He wasn't fishing, he was dumping Lacey and 641 00:42:51,400 --> 00:42:55,799 Speaker 1: Connor's body in the San Francisco Bay. Will it ever end? 642 00:42:56,520 --> 00:43:02,520 Speaker 1: For Lacey's mother, Sharon Racha. Life has moved on, but 643 00:43:02,680 --> 00:43:08,520 Speaker 1: this wound for Sharon Roacha can't heal. As Scott Peterson 644 00:43:08,880 --> 00:43:14,799 Speaker 1: continues to insist he's innocent, He's back in court trying 645 00:43:14,880 --> 00:43:19,239 Speaker 1: to get a new trial. Will he we wait as 646 00:43:19,280 --> 00:43:22,680 Speaker 1: just as un falls Nancy Grace Crime's story, signing off 647 00:43:23,280 --> 00:43:23,959 Speaker 1: Goodbye friend,