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Speaker 1: Crime Stories with Nancy Grace. In a stunning appellate decision,

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Speaker 1: the Scott Peterson murder conviction death penalty sentence has been reversed.

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Speaker 1: This is a punch to the stomach for victims rights

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Speaker 1: advocates and for the family of the murdered mom to

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Speaker 1: be Lacy Peterson, her unborn son Connor, a victim as well.

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Speaker 1: I'm Nancy Grace. This is Crime Stories. Thank you for

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Speaker 1: being with us here at Fox Nation and Serious XM

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Speaker 1: one eleven. First of all, take a listen to our

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Speaker 1: friend at Fox News. He was convicted and sentenced to

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Speaker 1: die in two thousand and five, and now we're finding

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Speaker 1: out some fifteen years later today the California Supreme Court

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Speaker 1: has overturned the death sentence. Peterson's lawyers had contended all

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Speaker 1: along he was not able to get a fair trial

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Speaker 1: because of all the pre trial publicity with the case,

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Speaker 1: but the court rejected that argument. Yet it did say

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Speaker 1: that the trial judge made a series of clear and

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Speaker 1: significant errors in jury selection that undermined Peterson's right to

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Speaker 1: an impartial jury during the penalty phase, and that potential

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Speaker 1: jurors were improperly dismissed from the jury pool. After saying

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Speaker 1: they personally disagreed with the death penalty, but that they

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Speaker 1: would be willing to follow it and impose it. Peterson

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Speaker 1: is now forty seven years old. He was convicted of

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Speaker 1: first degree murder. From everything we understand, it seems that

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Speaker 1: murder conviction will stand, but not the death penalty. Prosecutors

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Speaker 1: will have the right to try again for a death

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Speaker 1: penalty conviction. Although keep in mind there are more than

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Speaker 1: seven hundred prisoners on California's death row and the last

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Speaker 1: time anyone was put to death was January of two

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Speaker 1: thousand and six. Here hearing are afraid to need a

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Speaker 1: vogal at Fox News, and what she said is exactly correct.

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Speaker 1: Over seven hundred people language on California's death row. The

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Speaker 1: current governor, Gavin Newsom, has decided, against the majority of

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Speaker 1: the public, to put a moratorium on the death penalty.

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Speaker 1: While he is governor, anyway, there will be no death penalties.

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Speaker 1: So the reality is that right now there will be

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Speaker 1: no death penalty for Scott Peterson anyway until Newsom is

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Speaker 1: out of office, even though California voters voted to keep

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Speaker 1: the death penalty. But what does it all mean? I

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Speaker 1: can tell you this It all started with this. Take

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Speaker 1: a listen to a nine one one call by Lacy's stepfather,

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Speaker 1: Ron Grantsky. Yes, my fellow, low callaballood morning, my thirty.

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Speaker 1: My daughter has been lifting since this morning and she

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Speaker 1: eight months pregnant. You took her dog for a walk

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Speaker 1: from apart. The dog came always getting police shot and

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Speaker 1: the dog came back without your daughter. Right, I get

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Speaker 1: a daughter, got Peters, your step daughter, Thank Peter, thank you?

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Speaker 1: Right ez a wife lat the sanic agent. She's portugues away.

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Speaker 1: How old I came? She's twenty six? What can you

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Speaker 1: hear me? The halfman and come back that we don't know.

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Speaker 1: We just got a call from our front in law

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Speaker 1: that he left the morning and night. There's the play

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Speaker 1: off about a half hour ago nowhere around he went

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Speaker 1: to up the dog boys walked it if me in

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Speaker 1: that heart and he gatement of pregnant. He said, parent, Yeah,

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Speaker 1: I am eight months pregnants. Straight out to high profile

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Speaker 1: La California defense attorney law you're at seeing Laura. Wait,

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Speaker 1: did I get that wrong? Wait? Scott Peterson told his

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Speaker 1: father in law he was playing golf, but then after

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Speaker 1: he was spotted at San Francisco Bay where Lacy's body

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Speaker 1: turned up. He then said he was fishing. Did I

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Speaker 1: hear that? Right? On the nine one one call? He

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Speaker 1: first told his father in law that he was playing

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Speaker 1: golf when Lacy went missing. The colonel doesn't tell us

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Speaker 1: what Scott Peterson told his father. The father in law

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Speaker 1: is telling the dispatcher, and the father telling the dispatcher

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Speaker 1: what whatever it is that he's telling him. It doesn't

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Speaker 1: necessarily mean that that's what scottled him. Scott early on,

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Speaker 1: from the beginning, when talking to the law enforcement, told

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Speaker 1: him exactly where he had been. That had never been

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Speaker 1: a secret. He was very truthful about it as far

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Speaker 1: as where he had been. You know that. That's really

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Speaker 1: interesting because at the beginning he told people that he

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Speaker 1: had been playing golf, just like he told his I

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Speaker 1: was gonna the day before he was signing. The evidence

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Speaker 1: was showing that the day before he talked about actually

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Speaker 1: playing golf, but he changed his plan based on the weather.

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Speaker 1: My recollection of evidence is that the next day he

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Speaker 1: changed his mind and decided to go to the Brookley Marina.

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Speaker 1: You know what you're saying, And with me as high

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Speaker 1: profile defense lawyer, Laura Yaretzien. So the weather was so

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Speaker 1: bad he couldn't play golf, so he went out on

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Speaker 1: the San Francisco Bay to go fishing with me, an

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Speaker 1: all star panel to break it down and put it

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Speaker 1: back together again. Lauraretzien, who you've already heard from, la lawyer,

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Speaker 1: Doctor Debbie Joffey Ellis psychologists as professor Columbia University A

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Speaker 1: doctor Debbie Joffe Ellis dot com. Stephen A. Lampley, detective,

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Speaker 1: author of twelve and Murdered on Amazon at Stephen Lampley

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Speaker 1: dot com. Jennifer Schen forensic pathologist, former San Diego Police

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Speaker 1: Department Crime Lab director, but now to crime online dot com.

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Speaker 1: Investigative reporter Alexis terres Chuck, joining me from California. Alexis

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Speaker 1: terres Chuck. You and I went through the entire trial together.

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Speaker 1: We never missed a day of court, Alexis terres Chuck.

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Speaker 1: As a matter of fact, the evidence did prove at

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Speaker 1: trial that what the father in law Lacy's father in

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Speaker 1: law father was saying is what Scott Peterson told him.

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Speaker 1: That morning, Peterson did not call to report his wife missing.

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Speaker 1: He called Lacy's parents instead and said he'd been playing golf, Alexis,

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Speaker 1: You're exactly right. This is Scott's first story was presented

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Speaker 1: in court, and it was that he was playing golf.

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Speaker 1: He called the family Lacy, Foum and Dad and said,

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Speaker 1: I haven't seen Lacy. I've been out all day. I

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Speaker 1: was golf, saying I can't get much with her. Y'all

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Speaker 1: seen her, and they immediately panicked. They called the police.

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Speaker 1: The husband, the father of a baby who was about

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Speaker 1: be born any second, did not call the police. Guys,

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Speaker 1: for those of you just joining us, a bombshell in

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Speaker 1: the Scott Peterson double murder conviction in the last hours,

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Speaker 1: we learn a California appellet court has reversed the death

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Speaker 1: penalty portion only apparently in taking the death penalty off

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Speaker 1: the table for Scott Peterson on a technicality, the California's

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Speaker 1: Supreme Court never says that he did not kill his wife.

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Speaker 1: As a matter of fact, they make it very clear

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Speaker 1: they do think he killed his wife. They go on

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Speaker 1: to say in the ruling quote they point to considerable

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Speaker 1: circumstantial evidence incriminating Peterson and the Christmas Eve disappearance and

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Speaker 1: death of his pregnant, twenty seven year old wife Lacy.

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Speaker 1: For those of you just joining us, take a listen

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Speaker 1: to our friends a KABC seven LA. We start with

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Speaker 1: breaking news out of northern California where convicted killer Scott

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Speaker 1: Peterson has won his death row appeal. The California Supreme

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Speaker 1: Court this morning has overturned his death sentence, but not

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Speaker 1: the conviction on first degree murder. Sixteen years ago, Peterson

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Speaker 1: was found guilty of murdering his pregnant wife, Lacy in modesto.

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Speaker 1: He challenged both the murder conviction and the death sentence,

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Speaker 1: claiming widespread media attention and errors in jury selection deprived

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Speaker 1: him of a fair triumph. The Stanislaus County Prosecutor can

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Speaker 1: decide to retry the penalty phase of the case, but

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Speaker 1: a decision will likely not be made until next year.

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Speaker 1: Crime Stories with Nancy Grace For those of you just

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Speaker 1: joining us, the Bomb's Shell decision by the California Supreme

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Speaker 1: Court that the sentencing portion of Scott Peterson trial alone

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Speaker 1: will be reversed. He can either accept life behind bars,

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Speaker 1: or the state can move forward with a death penalty

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Speaker 1: phase trial with an all new jury. How does it

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Speaker 1: all start? Take a listen to our friends at ABC's

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Speaker 1: twenty twenty the last time I saw Lacy, she and

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Speaker 1: I were sitting inside by side and Scott was sitting

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Speaker 1: on the floor and we were watching TV. And she

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Speaker 1: said the baby was kicking, so I put my hand

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Speaker 1: on her stomach because I'd never felt him kick. She

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Speaker 1: leaned over to me and she said, Mom, She said,

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Speaker 1: Scott doesn't like to do this. She said, I'm asked

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Speaker 1: him to feel my stomach when when the baby kicks,

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Speaker 1: and he never wants to touch my stomach. That really

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Speaker 1: really bothered me, And that was the last time I

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Speaker 1: saw her. It seems as if Lacy had planned all

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Speaker 1: along to have children and that was understood going into it.

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Speaker 1: But if you analyze their marriage, seems that when she

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Speaker 1: got pregnant with Connor, things started going sideways. Going sideways

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Speaker 1: is one way of putting it back to you, Alexa's

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Speaker 1: Torrest Chuck Crime online dot Com investigative reporter. The court

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Speaker 1: made it very clear that there's a mountain of evidence

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Speaker 1: to convict Peterson for the murders of Lacy and Connor,

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Speaker 1: the baby, their bodies washed ashore twenty four hours apart,

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Speaker 1: and it's quite the coincidence, isn't it. Alexis Terrest Chuck

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Speaker 1: that Scott Peterson is fishing in the exact same spot

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Speaker 1: in the body of water where his wife's body and

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Speaker 1: his baby's body are found at the time of their disappearance.

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Speaker 1: And this was a place where he lied about going.

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Speaker 1: First he said he was golfing. Then when there was

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Speaker 1: evidence that he was there, then he fessed up that

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Speaker 1: he was there. This is shocking, but this is what

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Speaker 1: the court did say. They are saying none, none of

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Speaker 1: your nonsense, Scott, none of his pre trial the trials.

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Speaker 1: You blaming Nancy Grays, blaming all the recorders that were

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Speaker 1: there that had nothing to do with the fact that

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Speaker 1: you are guilty, killed your wife and killed your baby,

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Speaker 1: and you lied about it. And when you were caught,

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Speaker 1: you were at the bottom of the state. You had

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Speaker 1: bleached blonde hair, yet sixteen thousand dollars in cash, you

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Speaker 1: had your brother's ID on you. You were not doing anything.

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Speaker 1: You weren't out trying to help find your wife or

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Speaker 1: you're missing baby, like the parents and the thousands that

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Speaker 1: we know that are innocent. You know, I always just

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Speaker 1: think of those people, especially I always think of poly

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Speaker 1: Klaus's dad, who was just to do anything. I will

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Speaker 1: do anything to let you know that I had nothing

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Speaker 1: to do with this, not Scott Peterson. He was doing

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Speaker 1: nothing to make people think he was innocent, and the

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Speaker 1: Court of help that he is not innocent of murder.

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Speaker 1: He is guilty of murder. To Stephen a play detective,

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Speaker 1: author of twelve and Murdered on Amazon, I want you

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Speaker 1: to take a listen to really compelling evidence in my mind.

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Speaker 1: This is from Fox News special to Scott Peterson case.

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Speaker 1: Take a listen. He takes his new boat that he

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Speaker 1: had purchased, and he comes here to launch the boat.

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Speaker 1: Her husband reported her missing after he returned from a

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Speaker 1: fishing trip, a trip he took by himself or husband

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Speaker 1: says he went fishing at marina the day she disappeared,

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Speaker 1: so investigators are searching that marina, but the mystery here

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Speaker 1: in Modesto, fueled in large part by Scott Peterson's alibi,

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Speaker 1: which remains flimsy at best. He comes home later in

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Speaker 1: the day, realizes that she's not there, figures she's somewhere

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Speaker 1: else running errands, doing something for Christmas Eve, and takes

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Speaker 1: the time to put his clothes in the wash, take

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Speaker 1: a shower, have a snack, and then realizes maybe I

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Speaker 1: should call somebody. So here's what's unusual. Scott decides to

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Speaker 1: call Lacy's mother. Doesn't say have you spoken to Lacy today?

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Speaker 1: Do you know where she is? He says, Lacy is missing.

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Speaker 1: I want to go to Stephen Lampley and doctor Debbie Joffey,

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Speaker 1: l a psychologist and professor Columbia University. You know, when

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Speaker 1: I have not been able to find let's just say

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Speaker 1: John David, I call my husband, say do you have

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Speaker 1: John David. I don't say John David is missing. That's

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Speaker 1: a very critical, subtle but critical point, doctor Debbie. Maybe

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Speaker 1: it isn't. Maybe it isn't Nancy's I really could only

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Speaker 1: give a more substantial opinion if I heard him use

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Speaker 1: or not use that phrase often. You know, sometimes we

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Speaker 1: bandy around words and phrases and they may indicate something

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Speaker 1: as you're implying or not interesting. Stephen Lampley, what do

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Speaker 1: you make of Peterson placing himself where the body is

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Speaker 1: found and placing himself there at the time she goes missing. Well,

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Speaker 1: I see, I'm guessing perhaps that he's thinking, and again

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Speaker 1: I don't know, I don't know what Scott was thinking.

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Speaker 1: Perhaps he knows that he was not golfing. Maybe he's

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Speaker 1: making an excuse for where he really really was at

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Speaker 1: the time, an alibi of sorts to cover the fact

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Speaker 1: that he was fishing instead of dumping a body. Perhaps

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Speaker 1: that would be my idea that he thinks he was

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Speaker 1: going to be caught by not golfing, so he faces

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Speaker 1: up to the fact that he was at the ocean

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Speaker 1: for whatever reason. In reality, he was really there. Take

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Speaker 1: a little star friends at Fox Knees. I realized that

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Speaker 1: they were zeroing in on Scott. We just knew his

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Speaker 1: actions were suspicious and something was going on, and clearly

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Speaker 1: his fishing story was not adding up. One of the

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Speaker 1: things you do as a reporter as you go up

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Speaker 1: and down, you talk to everybody that you possibly can.

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Speaker 1: I went over to the neighbor's house that lives directly

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Speaker 1: across the street. The neighbor remembered Scott coming over to

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Speaker 1: her house looking for Lacey, and she said, well, where

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Speaker 1: were you? It's Christmas Eve and he said, I was

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Speaker 1: playing golf. So the fact that that story differed from

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Speaker 1: what we then heard was his alibi and where he

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Speaker 1: says he was was very upsetting. Back out to high

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Speaker 1: profile criminal defense attorney No stranger to a courtroom law

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Speaker 1: Urett Cyn. That makes two people. He told he was

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Speaker 1: playing golf that morning. What do you make of it?

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Speaker 1: What I make of it is what did you tail

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Speaker 1: law enforcement? When he was being questioned. Those are the

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Speaker 1: people he used to tell the truth to the people

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Speaker 1: who were investigating, and he was extremely honest with him.

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Speaker 1: He told him exactly where he'd been, no hesitation, and

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Speaker 1: he also was very helpful that he was searching for

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Speaker 1: his wife. He was making calls. This idea that he

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Speaker 1: took Lacey's body and dumped it at the bay in

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Speaker 1: San Francisco Bay is ridiculous. There's zero, zero forensic evidence

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Speaker 1: showing that he did it. There was nothing, zero forensic

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Speaker 1: evidence in its truck, zero forensic evidence really leading and

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Speaker 1: showing that there was a body or her body in

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Speaker 1: that boat, or that he was even able to dump

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Speaker 1: that body from that small boat, an exposed boat, not covered.

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Speaker 1: Anyone could have seen it. So this idea that he

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Speaker 1: did that, you mean anyone out in the middle of

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Speaker 1: San Francisco Bay during wind and storm and rain, I

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Speaker 1: a nobody would have seen it. Nobody was out where

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Speaker 1: he was. We're assuming it was storm and rain there

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Speaker 1: was no evidence. It was storm and rain. It wasn't

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Speaker 1: the greatest of the weather. I thought, that's why I

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Speaker 1: didn't a golfing because of the bad weather. Well we're

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Speaker 1: talking about bad weather where he was living in Modesto.

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Speaker 1: This is not Medesto. You know. That's why you are

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Speaker 1: such a great law lawyer, Laura eurets him because my

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Speaker 1: question to you was why did he tell some people

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Speaker 1: he was playing golf then change his story till he

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Speaker 1: was fishing? And you said what mattered was what he

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Speaker 1: told cops. But what I'm saying is, and my question

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Speaker 1: is why did he change his story? Not that he

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Speaker 1: told cops first he was golfing. He didn't. By the

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Speaker 1: end you realized people had spotted him at the bay,

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Speaker 1: he had to tell them. But he told other people

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Speaker 1: that day, not the day before I was planning to

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Speaker 1: go golfing, but that day that he had been golfing.

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Speaker 1: You also mentioned that he was so forthcoming and so helpful.

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Speaker 1: In fact, he told the cops what a great marriage

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Speaker 1: he had. But seems like he left something out. Take

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Speaker 1: a listen to our friends at court TV. Ambertells the

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Speaker 1: detectives she's been seeing Scott Peterson only a few weeks,

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Speaker 1: but they're already talking marriage. On December ninth, she recalls

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Speaker 1: he broke down sobbing that he had quote lost his

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Speaker 1: wife once. The same day, Scott secretly bought his boat.

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Speaker 1: Detective Brocchini knows he's onto something. I mean, he told

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Speaker 1: Amber that he had lost his wife once. She wasn't lost,

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Speaker 1: and so that I mean to me, that was a key.

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Speaker 1: The detectives ask Ambert to secretly report all future conversations

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Speaker 1: with Scott. She agrees. They're also determined that no one

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Speaker 1: will find out about her. That afternoon, the detectives take

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Speaker 1: Amber to buy their reporting equipment, and then her phone rings.

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Speaker 1: It's Scott. He's caught everyone off guard. Crime stories with

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Speaker 1: Nancy Grace for those of you just joining us. In

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Speaker 1: a major bombshell to the Scott Peterson conviction, a California

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Speaker 1: court has ruled the death penalty sentence is out. What

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Speaker 1: are the choices? Will he now go into general population

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Speaker 1: and no longer have the protections he had on death row?

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Speaker 1: Will there be a new penalty phase? Now we saw

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Speaker 1: that happen in the Jodi Arias trial. If you will

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Speaker 1: recall what lays ahead. But I know this. I know

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Speaker 1: that Lacy's mother, Sharon Roacha, is devastated. Now, we were

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Speaker 1: just speaking to high profile lawyer, lawyer Laura Uretsian, who

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Speaker 1: stated that Peterson was completely honest, forthcoming, and helpful about

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Speaker 1: finding his wife. The reality is he didn't call nine

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Speaker 1: one one. He waited for hours before he even called

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Speaker 1: Lacy's parents to tell them he couldn't find her, that

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Speaker 1: she was missing. He immediately asked if his family would

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Speaker 1: have grief counseling. But there's this little thing he left

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Speaker 1: out when he was being so forthcoming with the cops. Listen,

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Speaker 1: glove yes. Scott continues to call Amber, and detectives are

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Speaker 1: intent on getting him to repeat something he told her

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Speaker 1: just before Lacy disappeared. Those four short but incriminating words,

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Speaker 1: I lost my wife, and you came and told me

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Speaker 1: this elaborate life about her missing and this tragedy and

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Speaker 1: that and that that this will be the first holidays

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Speaker 1: without her. Never said Amber, I ain god, I don't

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Speaker 1: want to play with you. You know that. I never said, oh, yes,

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Speaker 1: you said you've lost your wife, obviously without me saying much.

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Speaker 1: But we were my wife, Yes you did. I did

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Speaker 1: bingo this is what investigators needed for us. That was

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Speaker 1: a huge statement on his part, because you how do

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Speaker 1: you predict that? I mean, how do you know you're

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Speaker 1: going to come up with a lie about that to

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Speaker 1: try and woo some girl into a romance that you're

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Speaker 1: not supposed to be part of, and then all of

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Speaker 1: a sudden it comes true. So Laura Euretsian with me,

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Speaker 1: high profile criminal defense attorney out of la Laura, do

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Speaker 1: you believe in clairvoyance? So Scott Peterson said just before

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Speaker 1: Lacy goes missing and ends up murdered, that he had

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Speaker 1: just lost his wife and this would be the first

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Speaker 1: Christmas without her and it all turned out to be true.

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Speaker 1: Do you think he's psychic? My question is, if Scott

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Speaker 1: Peterson was really planning on murdering his wife, is that

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Speaker 1: what he would be telling someone who's only he's only

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Speaker 1: been dating for a couple of weeks and literally that's

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Speaker 1: all it was a few weeks and sleeping with and

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Speaker 1: talking about getting married. Yeah, how many men have said

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Speaker 1: that to women just to get into bed with them.

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Speaker 1: I mean it's not yes, was he being was aligned

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Speaker 1: or was he cheating on his wife? But the idea

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Speaker 1: that he would tell someone who just he'd been with

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Speaker 1: just a couple of weeks that um, you know, and

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Speaker 1: whatever he said is really and a glimpse into what

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Speaker 1: he was thinking, and that he was planning to kill

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Speaker 1: his wife is ridiculous. Yes, of course the prosecution made

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Speaker 1: a huge deal out of that, because it is huge deal.

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Speaker 1: He says his wife is dead and that this is

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Speaker 1: the first Christmas he'll have without her, and then a

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Speaker 1: couple of days later she is dead and it's the

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Speaker 1: first Christmas without her. She goes missing that Christmas. Abe,

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Speaker 1: I don't care why with him that, you know what,

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Speaker 1: It almost doesn't matter that just just because he said

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Speaker 1: that to her, it doesn't mean that he was planning

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Speaker 1: to kill his wife. It really shows you that he'll

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Speaker 1: do anything to be with you said, you said, your

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Speaker 1: rhet said, you said it. He'll do anything, including killing things.

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Speaker 1: Why you said no? Apparently the jury disagree. Week this

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Speaker 1: wasn't his first affair, so they no. It just doesn't

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Speaker 1: mean just because someone's had an affair, it doesn't Yes,

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Speaker 1: it looks awful, it doesn't look great. It does Let's

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Speaker 1: talk about the other evidence, Laura. Your rhet seen is

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Speaker 1: right in the sense that one nail does not a

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Speaker 1: coffin seal. What else is the evidence? Well, the evidence

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Speaker 1: that they had was that they had a dog. And

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Speaker 1: I know that this is controversial, but there was a

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Speaker 1: dog and they found the scent as Lacy at her

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Speaker 1: home obviously, but the scent stopped, she didn't it. The

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Speaker 1: dog determined that she'd got into a vehicle, not that

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Speaker 1: she walked away. So it wasn't that she was kidnapped

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Speaker 1: in the park or if something happened somewhere else. You

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Speaker 1: know what. Let's talk about that. Hold your thought, Alexis,

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Speaker 1: because I want to go through what you're saying. And

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Speaker 1: then we'll have Laura Yaretzi in way in because I'm

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Speaker 1: sure she's going to discredit the dog. Guys, don't be

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Speaker 1: angry with her. She's a defense lawyer. This is what

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Speaker 1: she does for a living, and she is a master

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Speaker 1: at it. To Jennifer Shen forensic pathologists, the former San

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Speaker 1: Diego Police Department Crime Lab director Jennifer Shen, the dog

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Speaker 1: followed Lacy's scent to where the car was parked, and

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Speaker 1: then it seemingly cut off. The dog followed a scent

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Speaker 1: all the way to the San Francisco Bay from the

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Speaker 1: home all the way to the bay. What do you

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Speaker 1: make of it, Jennifer Shen, Well, you'm at the dog

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Speaker 1: if they're incredibly they are incredibly sensitive and they can

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Speaker 1: really give investigators a lot of information. I think it's

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Speaker 1: reasonable that if she was taken away in a car,

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Speaker 1: that the dog would be able to smell her from

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Speaker 1: the house to the car, and then whence they were

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Speaker 1: at the bay, that he could then pick that sent

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Speaker 1: up again. And I obviously they found the bodies where

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Speaker 1: the dogs said they were, so there certainly was a

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Speaker 1: lot of delidity to that. Doctors for this sort of

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Speaker 1: thing all the time. It is very very successful. But

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Speaker 1: they are dogs, and you know, there's certainly it isn't

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Speaker 1: a hundred percent obviously, and there's some there's some there's

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Speaker 1: some talk about the fact that they aren't as scientifically

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Speaker 1: valid as you might want them to be. But in

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Speaker 1: this case, I think the dog did a very good job.

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Speaker 1: To Stephen Lampley, former detective, author of twelve and Murdered

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Speaker 1: at Stephen Lampley dot com, a search dog handler testified

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Speaker 1: that her canine picked up Lacy Peterson sent at a

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Speaker 1: pylon at the Berkeley Marina where Scott Peterson launched what

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Speaker 1: he says was a solo fishing trip the day his

401
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Speaker 1: wife vanished. The dog handler was Eloise Anderson. She was

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Speaker 1: with the Contra Costa County Search and Rescue Team. Her

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Speaker 1: dog was a lab name Tremble, and Tremble hit on

404
00:26:15,480 --> 00:26:19,800
Speaker 1: the scent four days after Peterson reported his pregnant wife

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Speaker 1: missing to her parents, not the police. What do you

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Speaker 1: make of dog evidence, Stephen Lampley? I've used it many

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Speaker 1: many times in court, and it's sanctioned by the court,

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Speaker 1: just like polygraphs in civil cases, just like fingerprints, just

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Speaker 1: like DNA. This is a form of evidence that is

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Speaker 1: court sanctioned. What do you make of it? In fact,

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Speaker 1: I've told people the best witness I've ever put on

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Speaker 1: the stand was a dog. Go ahead, Steve, That's right.

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Speaker 1: Many dogs have no reason to lie. So the dogs

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Speaker 1: are really accurate. Now, some dogs are more accurate than others.

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Speaker 1: We know that the dog dog tracking and dogs evidence

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Speaker 1: is very reliable for the most part. It's very accurate

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Speaker 1: for the most part. Again, like I said, we have

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Speaker 1: some animals that are better than others. But if this

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Speaker 1: dog in this case picks up her scent at home,

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Speaker 1: then we skip to the to the merino or on

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Speaker 1: the on the ocean, and he picks her scent up

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Speaker 1: there or doesn't. It's it's a very reliable evidence. N'swer

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Speaker 1: very it's very reliable. Okay, everybody buck or your seatbelt.

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Speaker 1: Here she comes. Laura, you're at sim what's wrong with

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Speaker 1: the dog? Well, this is the same dog that failed

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Speaker 1: twice out of three times and vehicle trails right, So

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Speaker 1: this is not a very accurate dog, and this is

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00:27:47,000 --> 00:27:50,080
Speaker 1: not one that's very reliable and any you can't argue

429
00:27:50,960 --> 00:27:52,600
Speaker 1: it really is far as I should argue that this

430
00:27:52,760 --> 00:27:56,080
Speaker 1: is reliable evidence. Okay, So let me understand something. Laura.

431
00:27:56,480 --> 00:27:59,440
Speaker 1: You agree that the death penalty, that the court was

432
00:27:59,600 --> 00:28:03,080
Speaker 1: right by reversing the death penalty. Of course I disagree,

433
00:28:03,240 --> 00:28:06,960
Speaker 1: But you disagree with the same court that agreed with

434
00:28:07,040 --> 00:28:12,800
Speaker 1: the prosecution's version, including as they said, dog sent an

435
00:28:12,880 --> 00:28:17,600
Speaker 1: ocean current evidence. So you agree with the court, but

436
00:28:18,040 --> 00:28:20,359
Speaker 1: not when it suits you. I agree with the court

437
00:28:20,400 --> 00:28:25,200
Speaker 1: as far as overturning the death penalty, but clearly you

438
00:28:25,280 --> 00:28:28,880
Speaker 1: are right. I disagree with the court on their assessment.

439
00:28:28,960 --> 00:28:30,919
Speaker 1: But this is the appellate court. The standard is very

440
00:28:30,960 --> 00:28:35,240
Speaker 1: different than what it is for a jury and a

441
00:28:35,359 --> 00:28:40,080
Speaker 1: jury trial, and it would take more than If there's

442
00:28:40,280 --> 00:28:42,800
Speaker 1: enough circumstantial evidence, of course, it's going to leave. It's

443
00:28:42,800 --> 00:28:49,560
Speaker 1: not going to touch the conviction. What hopefully it may

444
00:28:49,640 --> 00:28:53,600
Speaker 1: happen in the future is if there's some evidence that

445
00:28:54,400 --> 00:28:58,080
Speaker 1: was not known at the time, new evidence that's come forth,

446
00:28:58,960 --> 00:29:01,200
Speaker 1: and that's brought and the court can look at this

447
00:29:01,320 --> 00:29:05,520
Speaker 1: again and decide based on that evidence. If we added

448
00:29:05,640 --> 00:29:11,280
Speaker 1: all of that into the mix, what the jury's decision.

449
00:29:11,760 --> 00:29:13,960
Speaker 1: You know what, you lost me a long time ago.

450
00:29:14,160 --> 00:29:16,520
Speaker 1: And I've got a j d and a master's from NYU.

451
00:29:17,200 --> 00:29:19,760
Speaker 1: Uh So I'm going to try to figure out what

452
00:29:20,080 --> 00:29:23,560
Speaker 1: that very long sentence I'm talking about a rich. What

453
00:29:23,680 --> 00:29:29,760
Speaker 1: I'm talking is about a future rich. Okay, there you go.

454
00:29:41,640 --> 00:29:45,600
Speaker 1: Crime Stories with Nancy Grace for those of you just

455
00:29:45,800 --> 00:29:51,320
Speaker 1: joining us. In a bombshell decision, a California pelt Court

456
00:29:51,400 --> 00:29:55,480
Speaker 1: has reversed the penalty phase and the Scott Peterson double

457
00:29:55,600 --> 00:30:02,760
Speaker 1: murder conviction. Katie Johnson at CBS thirteen News Sacramento today,

458
00:30:02,880 --> 00:30:06,640
Speaker 1: the California Supreme Court overturned Scott Peterson's death sentence for

459
00:30:06,680 --> 00:30:09,480
Speaker 1: the murder of his pregnant wife, saying the trial judge

460
00:30:09,520 --> 00:30:13,360
Speaker 1: made a series of clear and significant errors during jury selection.

461
00:30:13,760 --> 00:30:17,120
Speaker 1: The court upheld Peterson's murder conviction and said prosecutors may

462
00:30:17,200 --> 00:30:20,240
Speaker 1: try again for the same sentence. Twenty seventy year old

463
00:30:20,280 --> 00:30:22,880
Speaker 1: Lacy Peterson was eight months pregnant when she was killed.

464
00:30:22,960 --> 00:30:26,520
Speaker 1: Investigators say Christmas Eve two thousand and two, Peterson dumped

465
00:30:26,600 --> 00:30:29,720
Speaker 1: their bodies from his fishing boat into the San Francisco Bay,

466
00:30:29,800 --> 00:30:33,360
Speaker 1: where they resurfaced months later. Peterson is now forty seven

467
00:30:33,440 --> 00:30:39,680
Speaker 1: years old. When Connor's body was found, as I recall,

468
00:30:40,720 --> 00:30:44,880
Speaker 1: his body was found first, but that my point is

469
00:30:45,080 --> 00:30:53,080
Speaker 1: their bodies were drastically different. Connor's body, according to eyewitnesses,

470
00:30:53,880 --> 00:31:04,200
Speaker 1: look like a little naked baby doll Pristaine there on

471
00:31:04,280 --> 00:31:15,280
Speaker 1: the beach. Lacy's body, however, was horribly decomposed, but even

472
00:31:15,520 --> 00:31:23,280
Speaker 1: in death, she protected her baby. Some of the strongest

473
00:31:23,560 --> 00:31:29,960
Speaker 1: muscle and tissue in the human body is the uterus

474
00:31:30,080 --> 00:31:34,840
Speaker 1: that surrounds the baby, and for all the months that

475
00:31:35,120 --> 00:31:41,040
Speaker 1: Lacy drifted in the tides, her body slowly decomposing, that

476
00:31:41,760 --> 00:31:48,160
Speaker 1: strong muscle tissue protected Connor until in the end he

477
00:31:49,720 --> 00:31:58,120
Speaker 1: floated out of her uterus as it decomposed. Therefore, his

478
00:31:58,320 --> 00:32:06,680
Speaker 1: little body was pristine. Her body was greatly decomposed, and

479
00:32:06,840 --> 00:32:11,240
Speaker 1: the States says she was still wearing the same clothes

480
00:32:11,880 --> 00:32:17,120
Speaker 1: she was wearing the night before she disappeared. Part of

481
00:32:17,280 --> 00:32:21,120
Speaker 1: the defense at trial was that someone else murdered Lacy

482
00:32:22,120 --> 00:32:26,520
Speaker 1: for what and then framed went to the trouble to

483
00:32:26,760 --> 00:32:32,800
Speaker 1: frame Scott Peterson. That was after many many other ploys

484
00:32:33,640 --> 00:32:36,920
Speaker 1: were tested out on the public via the media and

485
00:32:37,080 --> 00:32:41,280
Speaker 1: they didn't work. For instance, drug dealers, a Hawaiian gang,

486
00:32:41,840 --> 00:32:45,720
Speaker 1: a burglar across the street, thugs. In the part I

487
00:32:45,760 --> 00:32:48,960
Speaker 1: mean it went on a mother, a woman who wanted

488
00:32:48,960 --> 00:32:52,160
Speaker 1: to be a mother somewhere, cut the baby out and

489
00:32:52,320 --> 00:32:55,120
Speaker 1: then kept Lacy alive for a while and killed her.

490
00:32:55,280 --> 00:32:57,760
Speaker 1: There were so and then got rid of the baby too.

491
00:32:58,200 --> 00:33:03,200
Speaker 1: There were so many any theories, but finally it was

492
00:33:03,280 --> 00:33:06,479
Speaker 1: decided that defense would go with someone else killed her

493
00:33:06,640 --> 00:33:11,800
Speaker 1: and then decided to frame Peterson. Joining me an all

494
00:33:11,840 --> 00:33:16,040
Speaker 1: star panel, Laura Euretzian, high profile criminal defense attorney, LA doctor,

495
00:33:16,120 --> 00:33:21,320
Speaker 1: Debbie Joffe, Ellis, psychologist, Stephen Lampley, detected Jennifer Shenn, forensic pathologists,

496
00:33:21,440 --> 00:33:25,760
Speaker 1: and Alexis Terrestchuck Crime online dot Com investigative reporter, Jennifer Schenn,

497
00:33:25,960 --> 00:33:29,640
Speaker 1: could you explain the forensic evidence we know of in

498
00:33:29,720 --> 00:33:34,480
Speaker 1: the case and how the bodies had decayed so differently

499
00:33:34,600 --> 00:33:37,680
Speaker 1: at the time of their discovery and there really wasn't

500
00:33:37,760 --> 00:33:40,800
Speaker 1: less forensic evidence in this case. I think one that

501
00:33:41,000 --> 00:33:44,520
Speaker 1: was somewhat important was it one of Lacy's Apparently one

502
00:33:44,520 --> 00:33:47,320
Speaker 1: of Lacy's hair is found on some choirs in the boats,

503
00:33:47,440 --> 00:33:49,000
Speaker 1: and there was a boat she didn't know about it

504
00:33:49,000 --> 00:33:53,120
Speaker 1: and hadn't visited, so that was certainly of interest. They

505
00:33:53,160 --> 00:33:56,760
Speaker 1: did mitochondrial DNA on that, which is not as as

506
00:33:58,560 --> 00:34:02,040
Speaker 1: as good as a nuclear DNA, but still there's still

507
00:34:02,080 --> 00:34:05,400
Speaker 1: have a good piece of evidence the bodies the dead.

508
00:34:05,600 --> 00:34:09,239
Speaker 1: Are you saying that it was Lacy's hair and appliers

509
00:34:09,320 --> 00:34:12,919
Speaker 1: based on mitochondrial DNA, that it's what the mitochondrial DNA show.

510
00:34:13,200 --> 00:34:16,520
Speaker 1: And isn't it true that mitochondrial DNA is used every

511
00:34:16,719 --> 00:34:20,760
Speaker 1: single day? It is based on the lineage of the mother. Correct?

512
00:34:21,160 --> 00:34:24,239
Speaker 1: That is correct? Go ahead, place quite as accurate. It's

513
00:34:24,239 --> 00:34:29,480
Speaker 1: I'm quite as accurate as identifying the nuclear DNA. Right

514
00:34:29,560 --> 00:34:32,840
Speaker 1: where you have the father and the mother, the decomposition

515
00:34:32,920 --> 00:34:36,880
Speaker 1: of the bodies isn't it true, Jennifer that you yourself

516
00:34:37,040 --> 00:34:40,600
Speaker 1: have advanced cases that had mitochondrial DNA. Yes, who definitely

517
00:34:40,640 --> 00:34:44,719
Speaker 1: works with medochondrial DNA, both on humans and on animals,

518
00:34:44,880 --> 00:34:48,960
Speaker 1: So you accept it as established science? Is that correct? Oh? Absolutely?

519
00:34:49,120 --> 00:34:51,279
Speaker 1: Oh okay, because by the way you were talking, I

520
00:34:51,360 --> 00:34:54,680
Speaker 1: thought there was something wrong with mitochondrial DNA, but actually

521
00:34:55,040 --> 00:34:58,040
Speaker 1: there's not. Let me go to you, Alexis Estric. I

522
00:34:58,080 --> 00:35:02,080
Speaker 1: want to clear something up. The reason for this reversal

523
00:35:02,719 --> 00:35:07,279
Speaker 1: is that not because of media, not because of blaming me.

524
00:35:07,400 --> 00:35:09,480
Speaker 1: I forgot about that one. Thank you for reminding me,

525
00:35:10,080 --> 00:35:12,880
Speaker 1: but it's always your fault. Don't forget at times. But

526
00:35:13,800 --> 00:35:19,320
Speaker 1: because the court said that while the jury was okay

527
00:35:19,640 --> 00:35:22,400
Speaker 1: as far as guilt innocence, the jury was fine for that,

528
00:35:23,680 --> 00:35:27,160
Speaker 1: but the jury was not okay for the penalty phase.

529
00:35:27,600 --> 00:35:34,800
Speaker 1: Because about thirteen out of how many thirteen fourteen hundred

530
00:35:35,120 --> 00:35:43,640
Speaker 1: jurars that were first gleaned, we're not questioned separately when

531
00:35:43,719 --> 00:35:46,400
Speaker 1: they said I don't believe in the death penalty, but

532
00:35:46,520 --> 00:35:49,239
Speaker 1: I would follow the law. Is that what happened? They

533
00:35:49,280 --> 00:35:57,360
Speaker 1: were not voidirreed? Jury questioned. Jurar questioned separately? Is that right? Explained?

534
00:35:57,360 --> 00:36:00,239
Speaker 1: To me why they're doing this. So the d those

535
00:36:00,280 --> 00:36:04,000
Speaker 1: were actually let go by the judge when they when

536
00:36:04,040 --> 00:36:06,759
Speaker 1: they gave that statement that they they personally didn't believe

537
00:36:06,760 --> 00:36:08,320
Speaker 1: in the def penalty, but they could consider it for

538
00:36:08,400 --> 00:36:11,640
Speaker 1: this case. He automatically let them go. And he didn't.

539
00:36:11,680 --> 00:36:15,959
Speaker 1: This wasn't counted against the prosecution or the defense's number

540
00:36:16,040 --> 00:36:18,800
Speaker 1: of strikes that they can have. You can't can't have

541
00:36:18,960 --> 00:36:21,000
Speaker 1: unlimited number. So then you say, oh, it's we're out

542
00:36:21,000 --> 00:36:23,560
Speaker 1: of juris, can't have a case. Um, you'll only get

543
00:36:23,600 --> 00:36:27,040
Speaker 1: a certain amount. So the judge let the thirteen go.

544
00:36:27,320 --> 00:36:29,600
Speaker 1: And what the Appeals Court has said is that that

545
00:36:29,880 --> 00:36:34,720
Speaker 1: goes against everything that should be the process during jury

546
00:36:34,760 --> 00:36:37,560
Speaker 1: selection and that this is a Supreme Court. This is

547
00:36:37,560 --> 00:36:39,839
Speaker 1: obviously that something the Supreme Court has been very clear

548
00:36:39,880 --> 00:36:41,960
Speaker 1: about for a very long time. That the judge made

549
00:36:41,960 --> 00:36:46,200
Speaker 1: an error in allowing these jurors to be dismissed, not

550
00:36:46,480 --> 00:36:49,160
Speaker 1: allowing he dismissed them, got it, and that they should

551
00:36:49,200 --> 00:36:53,520
Speaker 1: not have been missed. So the appellate courts cancel Peterson's

552
00:36:53,640 --> 00:36:57,320
Speaker 1: death sentence because Judge de Lucy, according to them, and

553
00:36:57,560 --> 00:37:05,800
Speaker 1: properly excused the prospective gurars in a pool of fifteen hundred,

554
00:37:05,920 --> 00:37:09,480
Speaker 1: one thousand, five hundred people who had filled out written

555
00:37:09,719 --> 00:37:14,840
Speaker 1: JURRR questionnaires. The thirteen professed that they were opposed to

556
00:37:14,960 --> 00:37:19,560
Speaker 1: the DP, but the court said the judge should have

557
00:37:20,480 --> 00:37:27,000
Speaker 1: verbally questioned them instead of dismissing them. So what will

558
00:37:27,120 --> 00:37:33,839
Speaker 1: life be like for Scott Peterson in general population? We'll

559
00:37:33,920 --> 00:37:39,200
Speaker 1: see Nancy Grace crime story signing off goodbye friend,