A judge granted Scott Peterson, who was convicted of the 2002 murder of his wife Laci and their unborn son, rights to a discovery period. The move opens the possibility of a retrial.
The judge presiding over the Scott Peterson case greenlit a discovery process for the convicted murderer on Monday, two decades after he was found guilty of killing his pregnant wife.
The newest court filing represents a win for Peterson, who was convicted of murdering Laci Peterson in 2002. He has been assisted by the Los Angeles Innocence Project since January of this year.
In the document, which was obtained by Fox News on Monday, Judge Elizabeth Hill of the San Mateo County Superior Court approved Peterson’s request for a post-conviction discovery period. Hill rejected a number of his team’s requests for specific evidence, while approving others.
Peterson is being allowed a discovery period on the basis of California Penal Code 1054.9, which gives discovery rights to defendants who were convicted of serious or violent felonies and sentenced to 15 or more years in jail. Peterson is serving a life sentence without the possibility of parole.
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The code allows the defendant access to materials “in possession of the prosecution and law enforcement authorities to which the same defendant would have been entitled at the time of trial.”
“The Court has considered the filed pleadings submitted by all parties and the oral arguments of counsel, and now orders post-conviction discovery pursuant to Penal Code 1054.9 as follows,” the judge wrote.
Whether Peterson, who is incarcerated at Mule Creek State Prison, will be granted a retrial depends on how the discovery process proceeds.
In 2004, Peterson was convicted of murdering his wife Laci and their unborn son in 2002. Laci, who was eight months pregnant, had vanished on Christmas Eve and was reported missing by Peterson a day later. Peterson claimed that he alerted authorities when he came back from a solo fishing trip and noticed that his home in Modesto, California, was empty.
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Four months later, Laci’s body washed ashore a few miles away from where Peterson had gone fishing. Peterson – who bleached his hair after the murder – was later arrested at the Mexican border carrying his brother’s passport.
Last month, Peterson conducted his first on-camera interview in a Peacock three-part series called Face-to-Face with Scott Peterson, where he said that he “regret[ted] not testifying,” during his trial.
“I have a chance to show people what the truth is, and if they’re willing to accept it, it would be the biggest thing I can accomplish right now – because I didn’t kill my family,” he claimed.
The convict also theorized that Laci was murdered by burglars who had targeted a nearby home at the time of the killing. The burglars later testified that they had broken into a nearby home on December 26, 2002, after Laci went missing.
“There was a burglary across the street from our home,” Peterson said in the TV series. “And I believe that Laci went over there to see what was going on, and that’s when she was taken.”
Fox News Digital’s Christina Coulter and Michael Lundin contributed to this report.
