Arrest and arraignment Police increased their surveillance of Peterson, following his car and monitoring his location by listening to his cell phone calls. Since Peterson had switched vehicles and was less than thirty miles from the Mexican border, detectives were certain Peterson was planning to flee to Mexico. Said Detective Brocchini in a 2017 interview: "We've got to find Scott right now. He told me he was [at Brooks Island] and that's where the bodies come (sic) up? I believe it was premeditated, he planned it ... San Diego was pretty darn close to the Mexican border. Scott knew the area pretty well. That's where his parents lived. That's where he lived. So it wasn't like he was going to have to get on
MapQuest to figure out a way to get to
Tijuana." detectives arrested Peterson at
Torrey Pines Golf Course in
La Jolla Peterson had dyed his hair and beard blonde and his vehicle was packed with equipment and supplies, including nearly $15,000 in cash,
Viagra tablets, camping and survival equipment, several changes of clothes, four cell phones, Detectives Brocchini and Buehler drove Peterson back to Modesto, where Peterson was booked into the Stanislaus County Jail. On April 21, 2003, Peterson was arraigned in Stanislaus County Superior Court and charged with two felony counts of murder with premeditation and special circumstances, to which he pleaded not guilty. Because of the intense publicity, community involvement, and the small pool of potential jurors in Stanislaus County, Judge Al Girolami moved the trial to San Mateo County to avoid defense accusations of juror bias and ensure Peterson received a
fair trial.
Trial Before his arraignment, Peterson had been represented by Kirk McAllister, a veteran criminal defense attorney from Modesto. Chief Deputy
Public Defender Kent Faulkner was also assigned to the case. Peterson later indicated that he could afford a private attorney, namely
Mark Geragos, who had done other high-profile criminal defense work. Scott's trial began on June 1, 2004, and was followed closely by the news media. The lead prosecutor was
Rick Distaso and Geragos led Scott's defense. Prosecution witness Frey hired her own attorney,
Gloria Allred, to represent her. On June 23, 2004, one of the jurors was dismissed by Judge
Alfred Delucchi after Delucchi spent two hours in his chambers questioning each of the jurors. Prior to Delucchi's June 21 interview, the aforementioned juror had been recorded on video speaking to Laci's brother, Brent Rocha. Delucchi had initially stated that this exchange had not warranted removal. He did not give a reason for the juror's later dismissal, although the transcript of Delucchi's session with him indicated that the juror had admitted that his girlfriend and others had spoken to him about news reports of his encounter with Rocha. Delucchi furthermore warned the remaining jurors not to read, watch, or listen to media coverage of the trial.
Opening statements In opening statements, the prosecution said they would show that Scott had killed his wife because he was having an affair with Frey. The state chiefly detailed Scott's behavior in the days before and after his wife was reported missing, including telling others he had been golfing and asking police if they had used cadaver dogs to investigate the park in which Laci was supposed to have walked their dog. The defense conceded that Scott was "a
cad" for cheating on Laci but ridiculed the prosecution's theory that Scott was going to "chuck this entire life he had" for a masseuse mistress he had taken on only four dates. Geragos said that the police had rushed to judgment, noting that the police had discredited Scott's claim that Laci was watching a segment of
Martha Stewart Living on making
meringues because, they stated, no meringue was mentioned on that program that morning. Through various witnesses, the prosecution suggested Scott had several motives for killing Laci—that he was tired of his marriage, that he felt pressure from her pregnancy, that he wanted to continue his affair with Frey, and that he was under mounting financial pressure. Sharon Rocha testified that when she went to East La Loma park to search for Laci, she saw Scott there, but she said Scott did not acknowledge her calling out to him and that he later "angled away" from her attempts to hug him, and failed to attend a
candlelight vigil. Two other relatives of Laci said Scott had shown little emotion during Laci's disappearance, and three witnesses testified that Scott had told them he had been golfing, not fishing, after Laci's disappearance. A
realtor testified that, in January 2003, Scott expressed interest in selling the house he had shared with Laci, saying he did not want her to have to live in the home if she were to be found alive. A car salesman testified that Scott had traded in Laci's
Land Rover for a Dodge pick-up truck after her disappearance. Frey testified as to her affair with Scott, and the jury heard the secretly recorded telephone calls between the pair; in one, recorded after Laci disappeared, Scott falsely said he was in Paris. As to the Petersons' financial condition, an auditor testified for the prosecution that the couple had been living beyond their means and accumulated $23,000 in credit-card debt. During cross examination, the auditor also stated that Scott had paid all of his bills on time and had $50,000 of credit available on other cards. The prosecution further suggested that the hair must have come from Laci's dead body because she had not seen the boat while alive. Defense lawyers argued that mitochondrial testing was not a reliable means of DNA comparison—only half of states in the U.S. allowed the practice—and further contended that Laci had, in fact, been on the boat while alive. A witness reported that she had seen Laci at the warehouse with the boat the day before she was reported missing. because the driveway sample featured large, gravel-like chunks. Conversely, for the defense, Steven Gabler, a concrete expert, testified that the samples were consistent. Gabler said that the gravel chunks had adhered to the driveway's concrete because the concrete was poured on top of those chunks. Ralph Cheng, a
hydrologist with the
United States Geological Survey and an
expert witness on tides of the
San Francisco Bay, testified as a witness for the prosecution. He suggested that Laci may have been dumped near where Scott had said he was fishing. During
cross-examination, Cheng admitted that his findings were "probable, not precise". Scott's defense lawyers based their case on the lack of direct evidence, and played down the significance of circumstantial evidence. They also questioned whether the investigation was thorough, since Modesto Police Detective Mike Hermos admitted he did not check the alibi of a prostitute who was accused of stealing checks from Scott's mailbox. Hermos did not indicate that the woman was ever a suspect, and prosecutor Dave Harris noted that the checks were stolen after Laci vanished, precluding the woman from involvement in her disappearance. A police community-service officer testified that the playback of an interview with Scott had no sound because no batteries had been placed in the tape recorder that was used to record it. Other detectives were called to testify about the extensive search for evidence. The defense suggested the fetal remains were of a full-term infant and theorized that someone kidnapped Laci, held her until she gave birth and then dumped both bodies in the bay. The prosecution's medical experts contended that the fetus was not full-term and died at the same time as his mother. As to this matter, Dr. Charles March, a
fertility specialist, was expected to be a crucial witness for the defense. March said that the Petersons' unborn fetus could not have died any earlier than December 29, 2002. Under cross-examination, March said he had based his finding on a report by one of Laci's friends, who said that Laci had told her that a June 9, 2002, at-home pregnancy test had produced a positive reading. But the prosecution criticized March for having relied on a friend's report. After prosecutors criticized March for a typo in his report, he remarked, "Cut me some slack."
Verdict and sentencing One juror was removed and replaced during deliberations due to
misconduct, after she conducted independent research on the case. The jury foreman (an attorney) requested his own removal, most likely because his fellow jurors wanted to replace him as foreman. Geragos told reporters that the foreman had mentioned threats he received when he requested to be removed from the jury. The foreman was replaced by an alternate. On November 12, 2004, the jury convicted Scott of two counts of murder: first-degree murder with special circumstances for killing Laci, and second-degree murder for killing the fetus (i.e. Conner) she carried. The
penalty phase of the trial began on November 30, and concluded December 13, when the jury rendered a sentence of death. On March 16, Judge Delucchi followed the jury verdict, He described the murder of Laci as "cruel, uncaring, heartless, and callous". In later press appearances, members of the jury stated that they believed Scott's demeanor—specifically his lack of emotion and the phone calls to Frey in the days following Laci's disappearance—indicated his guilt. Juror no. 1, Greg Beratlis, and two other jurors, said they based their verdict on "hundreds of small 'puzzle pieces' of circumstantial evidence that came out during the trial, from the location of Laci's body to the myriad lies her husband told after her disappearance". On October 21, 2005, a judge ruled that proceeds from a $250,000 life insurance policy Scott took out on Laci would go to Laci's mother. This was reaffirmed by the Fifth District Court of Appeal on October 31, 2007. He joined the more than 700 other inmates in California's sole
death row facility during the appeals process.
Appeal and post-conviction action , where Scott was incarcerated while on death row
Direct appeal Scott's automatic appeal of his death sentence was filed in the
Supreme Court of California on July 5, 2012. The next day, Scott's attorney, Cliff Gardner, filed a 423-page brief contesting the sentence, arguing that the publicity surrounding the trial, incorrect evidentiary rulings, and other mistakes deprived Scott of a fair trial. The
State Attorney General's office filed their response brief on January 26, 2015. The defense filed a response to the State's brief in July 2015, claiming that a certified dog that detected Laci's scent at Berkeley Marina had failed two-thirds of tests with similar conditions. In June 2020, the California Supreme Court heard argument on Scott's direct appeal. The defense argued that prospective jurors were improperly excused; that the trial judge improperly allowed two jurors onto Scott's boat; that the judge erred in insisting the prosecution be present during defense testing of the boat; and that the motion to move the trial to another county should have been granted due to juror questionnaire results showing almost half of the prospective jurors had already concluded Scott was guilty prior to the trial. The prosecution countered that the California Supreme Court should overturn the verdict only if it were to find that a prospective juror was improperly dismissed, and that "there was 'no credible claim' that any of the 12 jurors who decided [Scott's] fate were unfair or partial." On August 24, 2020, in a 7–0 decision, the
Supreme Court of California upheld Scott's conviction but overturned his death sentence; the court found that Scott's trial judge had improperly dismissed jurors who opposed capital punishment without asking them whether they could put their views aside. Justice
Leondra Kruger explained that, per Supreme Court rulings since 1968, "Jurors may not be excused merely for opposition to the death penalty, but only for views rendering them unable to fairly consider imposing that penalty in accordance with their oath. This is the meaning of the guarantee of an impartial jury." Prosecutors initially stated that they would retry the penalty phase, but subsequently reversed that decision in June 2021. On September 22, 2021, California Superior Court Judge Anne-Christine Massullo ruled that Scott would be re-sentenced to
life in prison without the possibility of parole. The following month, Massullo scheduled a hearing on that matter for December 8. On December 8, Massullo re-sentenced Scott to life in prison without the possibility of parole, for the first-degree murder of Laci, and a concurrent sentence of 15 years to life for the second-degree murder of Conner. In October 2022, following several delays, Scott was transferred from San Quentin's death row to
Mule Creek State Prison in
Ione, California to serve his new life sentence.
Habeas petition In November 2015, Scott filed a
habeas corpus petition. While the direct appeal could only challenge errors made by the trial judge, Scott's
habeas petition could include new evidence. In August 2018, Scott's legal team filed their reply, emphasizing six claims of "deficient performance" by trial attorney Mark Geragos, such as failing to call experts in fetal growth, dog scent, how bodies move in water, stating that he would call witnesses but failing to follow through, and failing to properly address burglary evidence. In October 2020, the California Supreme Court, in response to the
habeas petition, issued a show-cause order instructing the lower court to consider the question of juror misconduct. On December 20, 2022, Judge Massullo denied Scott's
habeas petition, which had been based, in part, on the allegation that a juror committed misconduct when she lied about her own history of domestic abuse during jury selection. Scott's appeal said that her history had tainted the jury. Massullo concluded that there was no evidence to support this accusation, explaining that the juror did not intentionally conceal this information with the motive to stay on the jury, nor did she appear vengeful toward Scott in letters she later wrote him in the prison. Massullo wrote, "The Court concludes that Juror No. 7's responses were not motivated by pre-existing or improper bias against [Scott], but instead were the result of a combination of good faith misunderstanding of the questions and sloppiness in answering." Scott still had the legal option of appealing her ruling.
LA Innocence Project On March 12, 2024, Scott attended a status hearing in Redwood City that had been granted by a San Mateo County judge in response to a request by LA Innocence Project (LAIP), a nonprofit legal advocacy organization that accepted Peterson's case two months prior. The Project said it had new evidence from the trial, which the Project said supported Peterson's claims of innocence. On April 23, the prosecution responded to the new push for DNA testing, describing it as "unnecessary". He noted that Scott Peterson had lied about the circumstances surrounding his wife's murder and that such DNA testing was already done in 2013 and again in 2019. In May 2024, a judge granted Peterson's motion to allow DNA testing on one single item of evidence - a piece of duct tape found on Laci's pants during her autopsy - while rejecting all other requests for further testing. On October 7, 2024, a judge granted Peterson's request for post-conviction discovery, allowing his defense team to access evidence held by the authorities which they claim was withheld at Peterson's trial. On June 2, 2025, the appeals court denied the LAIP's 140-page petition for writ of
habeas corpus, filed in April, which claimed exculpatory evidence had been destroyed or suppressed by the court that would have changed the jury's verdict. ==Burials and tributes==