Latest / Crime Stories with Nancy Grace / SPECIAL WEEKEND CRIME STORIES UPDATE: IT NEVER ENDS! Scott Peterson to Walk Free?

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SPECIAL WEEKEND CRIME STORIES UPDATE: IT NEVER ENDS! Scott Peterson to Walk Free? · Crime Stories with Nancy Grace

0:05
Speaker 1: Crime Stories with Nancy Grace. Why won't he just go away?
0:18
Speaker 1: How many times do I have to say the name
0:20
Speaker 1: Scott Peterson. But Scott Peterson, convicted of murdering his wife
0:27
Speaker 1: an unborn child, Lacy and Connor. Peterson is back in court,
0:32
Speaker 1: trying his best to land a new trial, hoping that
0:37
Speaker 1: somehow a second jury will feel differently about the murder
0:41
Speaker 1: of his wife an unborn child than the first jury did.
0:45
Speaker 1: How is he maneuvering it? I mean, it's he, Grace,
0:48
Speaker 1: This is Crime Stories. Thank you for being with us
0:50
Speaker 1: here at Fox Nation. In series M one eleven, Believe
0:54
Speaker 1: it or not, Scott Peterson is back at court with
0:57
Speaker 1: a full cadre of defense journeys and supporters, insisting somebody
1:03
Speaker 1: else don't know who murdered his wife and baby. Now,
1:08
Speaker 1: as a refresher, let's remember that Scott Peterson himself places
1:15
Speaker 1: his own self at the scene of the murder. On
1:19
Speaker 1: the day that Lacy goes missing. Scott Peterson immediately ordered
1:25
Speaker 1: the porn chattel, tried to sell the house he and
1:29
Speaker 1: Lacy shared and her car. I guess that indicates he
1:35
Speaker 1: knew she wasn't coming back. He tried to do that
1:37
Speaker 1: in the weeks after she goes missing, we know Peterson
1:41
Speaker 1: was having a full on affair with a gorgeous young woman,
1:45
Speaker 1: Amber Fry, And either Peterson is a clearvoyant or he's
1:51
Speaker 1: guilty of murder because just before Lacy goes missing, he
1:57
Speaker 1: tells Fry his lover, Wow, this is going to be
2:01
Speaker 1: my first Christmas without my wife. I'm going to be
2:04
Speaker 1: a widower at Christmas, and poof he was. There's so
2:10
Speaker 1: much more evidence to convict Scott Peterson than just that,
2:15
Speaker 1: but it's not really the evidence that he's relying on.
2:19
Speaker 1: Peterson and his defense team is claiming that there was
2:23
Speaker 1: giar misconduct. That girard gar number seven Rochelle Nice nicknamed
2:29
Speaker 1: by me during the trial Strawberry Shortcake because her hair
2:33
Speaker 1: is such a bright red like the character Strawberry Shortcake.
2:38
Speaker 1: He says she lied, lied through her teeth. Now listen,
2:42
Speaker 1: that's what Voi Dyer is all about. Jury selection, which
2:46
Speaker 1: coincidentally means to speak the truth. The defense and the
2:51
Speaker 1: prosecution had a twenty three page questionnaire by which they
2:58
Speaker 1: could judge each girard. The jerro would have to fill
3:02
Speaker 1: it out. Not only that they both had their own
3:06
Speaker 1: individual questioning of each girar, back and forth and back
3:11
Speaker 1: and forth. Yet they claim they failed to ferret out
3:15
Speaker 1: the fact that she, once years before the trial, had
3:18
Speaker 1: taken out a tr against her boyfriend's ex girlfriend that
3:25
Speaker 1: Nice claimed was harassing her during her pregnancy. During Nice's pregnancy,
3:31
Speaker 1: also there are claims that she was the victim of
3:34
Speaker 1: domestic abuse. Well, Chelle Nice says she did not consider
3:40
Speaker 1: herself to be a crime victim, nor did she consider
3:44
Speaker 1: the age old t r O to be part of
3:48
Speaker 1: a lawsuit. Those are the two questions that Scott Peterson's
3:52
Speaker 1: relying on to try and get a new trial. For
3:56
Speaker 1: those of you that do not remember the case, I'll
3:58
Speaker 1: never forget it. Nine months pregnant, first child, dead, body,
4:08
Speaker 1: weighted down and thrown into the dark, cold waters of
4:14
Speaker 1: the San Francisco Bay. Then weeks weeks, weeks past, and
4:19
Speaker 1: I remember when it happened, like it was yesterday. A
4:23
Speaker 1: baby washes ashore and it's pristine. It looks like a shiny,
4:31
Speaker 1: little plastic baby doll. Why after all that time in
4:37
Speaker 1: the water, Because even in death, Lacy Peterson's uterus one
4:47
Speaker 1: of the strongest, I guess you would say muscles in
4:50
Speaker 1: the body protected the baby and as her body decomposed, Fine,
5:01
Speaker 1: the unus decomposed and baby Connor floated out. I remember
5:06
Speaker 1: I was there. I was on the very back seat
5:12
Speaker 1: in the courtroom because I had been working out front
5:14
Speaker 1: of the courthouse. I ran in just in time. I
5:17
Speaker 1: was the last one in the courtroom, I'm embarrassed to say.
5:20
Speaker 1: And I had to sit all the way in the back,
5:22
Speaker 1: and I had to sit on top of my backpack
5:25
Speaker 1: so I could see up to the front. When Lacy's mother,
5:28
Speaker 1: Sharon Roacha, took the stand and she described burying Lacy.
5:38
Speaker 1: It was just bones at that point and in her arms.
5:45
Speaker 1: She buried baby Connor in one casket. That's something you
5:52
Speaker 1: never forget, you know, those moments in life. You just
5:56
Speaker 1: never forget the good and the bad moments. That's one
5:59
Speaker 1: of the moments I'll never again. And now because of
6:02
Speaker 1: alleged your arm misconduct, there could be a new trial
6:08
Speaker 1: or potentially he walks free on time served. First of all,
6:15
Speaker 1: take a listen to our friend Glenn Walker KTLA. Following
6:19
Speaker 1: a reprieve from the death penalty, Scott Peterson has been
6:22
Speaker 1: re sentenced to life in prison. Peterson appeared in a
6:26
Speaker 1: sam Mateo courtroom this morning. His lawyer says Peterson wanted
6:29
Speaker 1: to speak, but the judge would not allow it. It's
6:32
Speaker 1: been nearly seventeen years since Peterson killed his pregnant wife,
6:35
Speaker 1: Lacy and their unborn child. He was sentenced to death
6:39
Speaker 1: in March of two thousand and five. The State Supreme
6:42
Speaker 1: Court overturned that sentence in twenty twenty, ruling the jury
6:45
Speaker 1: was improperly screened for bias against the death penalty. A
6:49
Speaker 1: judge is now deciding whether he will be granted a
6:52
Speaker 1: new trial. M M with me and I'll star penalel
6:56
Speaker 1: to make sense of what we know right now? Is
6:58
Speaker 1: Scott Peterson yet again? Like a roller coaster when you
7:01
Speaker 1: go over the very top hill and you flydown and
7:06
Speaker 1: then all of a sudden, there's another one. There's another one.
7:09
Speaker 1: That's what it feels like with a Scott Peterson conviction.
7:12
Speaker 1: Here's another one. Del Carson is with me, high profile
7:16
Speaker 1: lawyer joining us out Jacksonville, former FBI agent, author of
7:21
Speaker 1: Arrest Proof Yourself, and you can find him at del
7:24
Speaker 1: Carson law dot com. We're now psychologists joining us out
7:27
Speaker 1: of Manhattan. Karen Start at Karen start dot com. Karen
7:31
Speaker 1: with a C. Greg Smith Special Jepany Sheriff, Johnson County,
7:35
Speaker 1: Executive director of the Kelsey Smith Foundation. And you can
7:38
Speaker 1: find him at Kelsey's Army dot com. Doctor at Michelle Duprie,
7:43
Speaker 1: longtime friend and colleague, former forensic pathologist, medical examiner, and
7:50
Speaker 1: author of and this is a great book at Homicide
7:55
Speaker 1: Investigation Field Guide. But first to Crime online dot com
7:59
Speaker 1: investigate reporter Alexis terres Chuck. Alexis doesn't never end with
8:04
Speaker 1: this guy, all the affairs, all the lies, the dyeing
8:08
Speaker 1: the hair, and the trying to leave the country, the lying.
8:11
Speaker 1: You remember when he was telling Amber Fry he was
8:14
Speaker 1: I think in Paris for New Year, remember him? And
8:17
Speaker 1: he even lied. He didn't lie just to Lacey's family,
8:21
Speaker 1: He didn't lie to his own family. He was also
8:22
Speaker 1: lying to Amber Well one that he was in Paris,
8:25
Speaker 1: but two he initially said when he very first met
8:28
Speaker 1: her his wife was dead. Before Lacey had even gone missing,
8:33
Speaker 1: he told Amber that his wife was dead and this
8:35
Speaker 1: would be his first Christmas as a widow. I mean,
8:38
Speaker 1: wait a minute, del Carson, here's a hot shot defense attorney,
8:41
Speaker 1: no offense, but what do you do with that? Your
8:44
Speaker 1: client is either a killer or he is clairvoyant. And
8:48
Speaker 1: you've told him before you don't believe in clairvoyance, So
8:52
Speaker 1: I guess that means he's a killer. That's why you
8:54
Speaker 1: don't run your mouth if you're a criminal. But he did.
8:59
Speaker 1: So what do you do with that? You know, don't
9:01
Speaker 1: play look here, not there with me. Don't even start
9:05
Speaker 1: that with me. I ask you, what do you do
9:08
Speaker 1: with that? As a defense attorney? When your client says, yeah,
9:13
Speaker 1: this is my first Christmas as a widow, and guess
9:16
Speaker 1: what a month later it is his first Christmas as
9:19
Speaker 1: a widow, you try to discredit the alligator, right, the alleger?
9:24
Speaker 1: Are you calling Amber Fry an alligator? I know what
9:29
Speaker 1: you're doing, you know, long story short, this this guy
9:32
Speaker 1: so Alexis Terres Schick. Didn't we just get out of court?
9:37
Speaker 1: Didn't we just finish a hearing for Scott Peterson where
9:41
Speaker 1: his death penalty conviction was not down to life? Did
9:45
Speaker 1: that not just happen? That did just happen? And then
9:48
Speaker 1: and you know, so there was a trial, there would
9:50
Speaker 1: be hearing about it, and not a trial. There was
9:52
Speaker 1: not a trial. There was a hearing, hearing and Scott
9:56
Speaker 1: have you dassy to ask calling him Scott, It's like
9:59
Speaker 1: you call J Simpson, Oh J, where are you going
10:01
Speaker 1: to go out and have a drink after this program?
10:05
Speaker 1: Do you think he's going to invite you over to
10:06
Speaker 1: dinner and sell block and d What got Peterson wanted
10:11
Speaker 1: to speak and the judge just said no way. But
10:13
Speaker 1: you know who did speak in this hearing? Wait? Wait
10:15
Speaker 1: wait wait wait wait wait wait wait, let me think
10:17
Speaker 1: about that for a moment. Scott Peterson wants to be
10:21
Speaker 1: the center of attention. Wow, he wants to speak. He
10:26
Speaker 1: wants to open his mouth in court crime stories with
10:41
Speaker 1: Nancy Grace. You know what sometimes you know? Do you?
10:46
Speaker 1: Greg Smith? And then do you? I need to shrink
10:48
Speaker 1: big time? Greg Smith? You have seen a lot and
10:54
Speaker 1: you got into this business. I like myself, Well, I
10:57
Speaker 1: don't know about that. Let me rephrase. You got in
10:59
Speaker 1: the business unwillingly after your daughter was kidnapped and killed.
11:05
Speaker 1: You can just stand by on the sidelines. You got
11:08
Speaker 1: in the business. Does it ever surprise you how narcissistic
11:14
Speaker 1: killers are? Like, it's all about him. He wants to
11:18
Speaker 1: talk and that just irritates me. No, I agree, Nancy
11:22
Speaker 1: iritates the crap out of me too. But that seems
11:25
Speaker 1: to be a common characteristic between all these people that
11:29
Speaker 1: do these types of things. They're very sure of themselves.
11:31
Speaker 1: They think they're the smartest person in the room. Same
11:34
Speaker 1: thing with Kelsie's killer. I mean, you watch the the
11:40
Speaker 1: interrogation of him after he was arrested when they're talking
11:43
Speaker 1: about Kelsey, and he honestly got thought that nobody knew
11:46
Speaker 1: more than he did in that room. And you know,
11:49
Speaker 1: I don't know what it is. I don't know why
11:51
Speaker 1: that's a characteristic, but it seems to be a common
11:54
Speaker 1: thread through all of them. You know, you brought up
11:56
Speaker 1: a thought. Remember Karen, start with me a New York psychologist.
11:59
Speaker 1: Remember how you and I together watched Jody Arius singing
12:07
Speaker 1: in the interrogation room. I mean, she knew she was
12:11
Speaker 1: being watched, and I believe she did like yoga did
12:16
Speaker 1: a headstand. Oh, just all sorts of antics knowing she
12:21
Speaker 1: knew darn well that she was being watched and starts singing,
12:26
Speaker 1: and then even behind bars she won America's got talent?
12:30
Speaker 1: Behind bars? Does the narcissism ever end? And here's Scott
12:35
Speaker 1: Peterson when he's having a gift drop in his lap,
12:41
Speaker 1: he gets cut from death penalty to life. He wants
12:45
Speaker 1: to stand up and talk. You know what, shut your pile.
12:48
Speaker 1: He always wanted to talk, Nancy, just like you brought
12:51
Speaker 1: up the right person, Jodi Arius. Yeah, there's and their exhibitions.
12:56
Speaker 1: They want to get attention. They don't have a conscience,
13:00
Speaker 1: and so he's not plagued by thoughts of killing anybody.
13:04
Speaker 1: He just wants to get out there. He believes that
13:07
Speaker 1: he's brilliant to blug the law and he'll be able
13:10
Speaker 1: to state his case. Don't you remember he's on television,
13:14
Speaker 1: he gave interviews the phone call. You know, it's kind
13:20
Speaker 1: of like second verse, same as the first. It's all
13:23
Speaker 1: about him. And let me ask you this, Karen Stark.
13:27
Speaker 1: Infidelity is not punishable under the law, so that is
13:33
Speaker 1: just an irritant in this case, the fact that he cheated,
13:36
Speaker 1: so battling on Lacy. But when I say second verse,
13:40
Speaker 1: same as the first, that the serial cheating, and my
13:45
Speaker 1: mind is some kind of a narcissism because you think
13:49
Speaker 1: it's all about you and you getting some kind of
13:52
Speaker 1: gratification or pleasure. It's not just about the sex. It's
13:57
Speaker 1: something else that nobody else is there all just pawns
14:01
Speaker 1: in your game, you know, and then when you got
14:04
Speaker 1: a baby on the way, it's not just about you
14:06
Speaker 1: and your wife. Like, there is no way I'm ever
14:10
Speaker 1: going to cheat on David, not that I want to,
14:13
Speaker 1: but even I've ever did want to, I would risk
14:18
Speaker 1: losing to twins for Pete's sake. I mean, that's crazy talk.
14:23
Speaker 1: Is that narcissism when you are having affairs with no
14:27
Speaker 1: regard to the other people in your life, Well, there's
14:31
Speaker 1: no sensism attached to it. But it's also a sexual addiction.
14:35
Speaker 1: It's a way to overcome feelings of inferiority, not that
14:41
Speaker 1: the person is aware of that. Insecurity depression, it's just
14:46
Speaker 1: losing yourself and being with multiple partners. It has nothing
14:50
Speaker 1: to do with true feelings. Like I keep saying, Nancy,
14:53
Speaker 1: this is absolutely what you need to know about a killer.
14:56
Speaker 1: There is no conscience, so each person which has no
15:00
Speaker 1: real meaning. Even if he intended to kill Lacy so
15:05
Speaker 1: it could be with Amber, it had nothing to do
15:07
Speaker 1: with feelings. It just was moving on to the next person.
15:11
Speaker 1: They're all dolls to him, not people. And once again,
15:15
Speaker 1: as Alexis Tresha just pointed out, he gets in court.
15:17
Speaker 1: He's getting his huge gift of his DP knocked down
15:21
Speaker 1: to life and he wants to take the mic. Okay,
15:24
Speaker 1: take a listen to our cut thirty seven our friend
15:27
Speaker 1: Jim Ray at Inside Edition. This is what happened at
15:29
Speaker 1: the last hearing. Wife killer Scott Peterson returned to court
15:33
Speaker 1: for another day of reckoning. This just released mugshot shows
15:38
Speaker 1: him as he looks now age forty nine, little change
15:41
Speaker 1: from seventeen years ago when he stood trial for murdering
15:44
Speaker 1: his pregnant wife Lacy and their unborn son, Connor, in
15:48
Speaker 1: a case that riveted the nation. Peterson's family marched into
15:51
Speaker 1: the courtroom. He did see them and gave them a big,
15:54
Speaker 1: warm smile when he entered the courtroom. Lacy's family was
15:58
Speaker 1: also present, but came through a private door. At today's hearing,
16:02
Speaker 1: sixteen seats were allocated for Lacy's family and friends and
16:05
Speaker 1: sixteen for peterson supporters. It's the first time Lacy's loved
16:09
Speaker 1: ones have come face to face with her killer in
16:12
Speaker 1: nearly two decades. They heard the judge re sentence Peterson
16:16
Speaker 1: to life imprisonment, and he is no longer on death
16:19
Speaker 1: row in San Quentins. His original death sentence was overturned,
16:22
Speaker 1: and I want you to hear what was said in
16:26
Speaker 1: court by Lacy's mom at our first drama with Scott
16:32
Speaker 1: Peterson post conviction. Take a listen to our cut thirty
16:35
Speaker 1: eight Jim Ray Inside edition. At today's hearing, Lacy's mother
16:39
Speaker 1: told Peterson, I have seen no sorrow or remorse from
16:42
Speaker 1: you at all. Lacy's dead, Scott, because she loved you.
16:46
Speaker 1: She finished up by saying two facts remained the same
16:49
Speaker 1: all these years later. Number one, Lacy and Connor are
16:54
Speaker 1: still dead, and number two, you killed him, and then
16:57
Speaker 1: she walked off. Lacey's sister Amy told him there have
17:01
Speaker 1: been so many special occasions that Lacy and Connor should
17:04
Speaker 1: have been here for. It makes me sick being here
17:06
Speaker 1: today in front of you again. Speaking outside court today
17:10
Speaker 1: was Peterson's sister in law, Jamie Peterson, who insists he
17:14
Speaker 1: is innocent and he's been in prison for over eighteen
17:17
Speaker 1: years for a crime he did not commit. Yes he did,
17:21
Speaker 1: Yes he did. But I don't have a problem at
17:25
Speaker 1: all with Jamie Peterson because if my son, my brother,
17:32
Speaker 1: or my husband was charged with a crime, I wouldn't
17:35
Speaker 1: believe it. I don't think I would let myself look
17:38
Speaker 1: at the evidence, and I think that's what's happened to her,
17:41
Speaker 1: and she has been standing by her brother in law
17:44
Speaker 1: all this time as the family spokesperson. That doesn't mean
17:48
Speaker 1: he's innocent, you know. I've got to ask everybody, why
17:52
Speaker 1: do we keep seeing documentaries suggesting that Scott Peterson is
17:57
Speaker 1: innocent and vilifying everyone, including the prosecutors in this case
18:02
Speaker 1: that it says he's guilty along with the jury. What
18:05
Speaker 1: do you make of that, Alexis Torez Chuck. I think
18:07
Speaker 1: that there is a huge straw for this case because
18:10
Speaker 1: of how absolutely beautiful Lacy was, I mean stunning, gorgeous woman.
18:16
Speaker 1: And then Scott Peterson. Many people consider him very, very handsome,
18:21
Speaker 1: and he hasn't changed at all. As you can see
18:23
Speaker 1: from the recent monks, it looks exactly the same. Most
18:25
Speaker 1: people don't thrive in prison. They look skinny, they look gone,
18:29
Speaker 1: They haven't you had any time outside and the sun.
18:33
Speaker 1: Scott looks like he's just got off the golf course.
18:35
Speaker 1: So I think that the physical attraction of this case,
18:38
Speaker 1: and then there's just the lurd details are something that
18:41
Speaker 1: people are fascinated with. I think that it's a story
18:46
Speaker 1: that is timeless. You know this, this innocent, beautiful, young victim,
18:50
Speaker 1: and this man and his web of lies. Like people
18:53
Speaker 1: cannot imagine how somebody could come up with so many lives.
18:57
Speaker 1: I'm in Paris, my wife is dead, but I'm at
19:00
Speaker 1: a bitil for my wife and baby who were missing.
19:03
Speaker 1: And then he can remember he did things like he
19:06
Speaker 1: sold Lacy's car before her body was even found. Channel
19:11
Speaker 1: Yeah immediately, I mean she had been missing for like
19:14
Speaker 1: three days in the order of the porn channel. Hint, hint.
19:18
Speaker 1: And here we are today, and there's a chance, another
19:23
Speaker 1: chance and a good chance that he could walk free
19:26
Speaker 1: or get a new trial. Why take a less an
19:30
Speaker 1: hour cut thirty nine. This is Amy Larson at k
19:33
Speaker 1: r O in four. Today, Peterson's defense team asked for
19:38
Speaker 1: more time in order to prepare for that trial. They
19:41
Speaker 1: are looking into a juror who sat on Peterson's original
19:45
Speaker 1: two thousand and four murder trial. This juror, her name
19:48
Speaker 1: is Rochelle Nice. She is accused of being a so
19:52
Speaker 1: called rogue juror who lied in order to be selected
19:56
Speaker 1: for that jury that ultimately found Scott Peterson guilty of
20:00
Speaker 1: murdering his wife, Lacy and their unborn son Connor. So
20:05
Speaker 1: the judge granted that extension. They're getting sixty more days
20:09
Speaker 1: to continue their investigation into Rochelle Nice. Now, the prosecution
20:15
Speaker 1: opposed this. This legal process has been going on for
20:18
Speaker 1: quite some time now. We've had a lot of Scott
20:21
Speaker 1: Peterson hearings this year, and the prosecution wanted to move
20:24
Speaker 1: forward with the criminal guilt phase of the trial to
20:28
Speaker 1: get a decision on whether Scott Peterson will get a
20:31
Speaker 1: new problem for the guilt faith. Before I get into
20:35
Speaker 1: the legality of what, as I named her, Rochelle Nce,
20:41
Speaker 1: did I want to ask doctor Michelle Duprey and keep
20:45
Speaker 1: this in mind as we discussed these esoteric legal issues,
20:49
Speaker 1: Doctor Michelle Duprey, could you explain to me why maybe
20:54
Speaker 1: Connor was pristine when he was found washed up up
21:00
Speaker 1: on the shore as opposed to Lacy, who was basically
21:05
Speaker 1: just hair and bones. Well, Nancy, that's a very good question,
21:08
Speaker 1: and the reason is anatomy. The baby was unborn. He
21:12
Speaker 1: was protected by the strongest muscle in our body and
21:15
Speaker 1: the thickest muscle in our body, the uterus, and that
21:18
Speaker 1: protects him from all the elements, including the ocean and
21:21
Speaker 1: anything that might be in it. So how long does
21:23
Speaker 1: it take in water? For Well, first of all, I
21:26
Speaker 1: guess the universe would not have been exposed to water
21:30
Speaker 1: until her outside of her body, of Lacy's body decomposed,
21:35
Speaker 1: I'm talking about her skin. And I guess there's not
21:40
Speaker 1: any bones. Like the ribs protect the lungs, there's not
21:44
Speaker 1: really any bones protecting the uterus. Do the hit bones
21:48
Speaker 1: protect it at all? No? Not really. The uterus is
21:51
Speaker 1: in the lower part of your abdominal cavity and it's
21:54
Speaker 1: really not protected by anything except your fat, in your
21:57
Speaker 1: bony fat, And so it has a lot of good insulation.
22:02
Speaker 1: And again, the cooler, the temperature of the cooler the water,
22:04
Speaker 1: that's also going to be very protective, and things will
22:07
Speaker 1: decompose a lot more slowly, especially if it is such
22:10
Speaker 1: a thick muscle like that. Crime stories with Nancy Grace again,
22:29
Speaker 1: everybody on Nancy Grace, and this is crime story. Scott Peterson,
22:32
Speaker 1: believe it or not, back in the headlines, trying his
22:35
Speaker 1: best to get a new trial, hoping there'll be a
22:38
Speaker 1: different outcome than the guilty verdict the first jury handed down.
22:42
Speaker 1: Now he's already escaped the California death penalty because the
22:46
Speaker 1: California Appellate Court ruled that certain jurars were excluded. Jurars
22:53
Speaker 1: that said they were opposed to the death penalty but
22:57
Speaker 1: could keep an open and fair mind. The Appellate Court
23:01
Speaker 1: says they were excluded from the jury pool, and they
23:04
Speaker 1: immediately reduced the death penalty down to life behind bars.
23:09
Speaker 1: Now Peterson wants out of that sentence as well. This
23:13
Speaker 1: case has gone on and on. Lacy was murdered years ago.
23:20
Speaker 1: Peterson went to prison in two thousand and four, but
23:24
Speaker 1: he and his supporters never give up. There have been
23:28
Speaker 1: cable so called investigation specials that indicate he's really innocent,
23:34
Speaker 1: but that is not the evidence that was presented at court,
23:38
Speaker 1: and the jury agrees. Also, the California Supreme Court degrees.
23:44
Speaker 1: They made it very clear in their last decision there
23:47
Speaker 1: is ample evidence to believe Scott Peterson murdered his wife.
23:51
Speaker 1: That's not the reason in sufficient evidence. He's trying to
23:55
Speaker 1: get a new trial. Peterson and his defense team is
23:59
Speaker 1: claiming that there was Girard misconduct, that Girard gar number seven.
24:05
Speaker 1: Rochelle nice He says she lied, lied through her teeth.
24:09
Speaker 1: Now she once years before the trial, had taken out
24:13
Speaker 1: a t r against her boyfriend's ex girlfriend that Nice
24:19
Speaker 1: claimed was harassing her during her pregnancy. During Nice's pregnancy, also,
24:25
Speaker 1: there are claims that she was the victim of domestic abuse. Well,
24:30
Speaker 1: Rachelle Nice says she did not consider herself to be
24:34
Speaker 1: a crime victim, nor did she consider the age old
24:38
Speaker 1: t r O to be part of a lawsuit. Those
24:43
Speaker 1: are the two questions, and the defense is dancing in
24:48
Speaker 1: the hallway. Take a list oar cut forty one k
24:51
Speaker 1: r O N four. The defense team of Scott Peterson
24:54
Speaker 1: is trying to have his conviction overturned and they are
24:57
Speaker 1: seeking a new trial claim one juror committed misconduct. They
25:02
Speaker 1: say she lied in order to make it onto the
25:05
Speaker 1: jury panel that ultimately found Peterson guilty of murder and
25:09
Speaker 1: sentenced him to death. That juror is Rochelle Nice. You
25:13
Speaker 1: may recognize her from the highly publicized two thousand and
25:16
Speaker 1: five trial. She was nicknamed Strawberry Shortcake for her fiery
25:21
Speaker 1: red hair. I spoke with Rochelle Nice's attorneys to hear
25:24
Speaker 1: her side of the story. They say she's been unfairly
25:27
Speaker 1: painted as a monster, and they deny any allegations of misconduct.
25:33
Speaker 1: Scott Peterson's defense team as large petition of Habeas Corpus,
25:38
Speaker 1: and one of the counts in that petition has alleged
25:43
Speaker 1: that our client, Rachelle Nice, purposefully lied on her questionnaire
25:50
Speaker 1: in order to get on the jury because she wanted
25:52
Speaker 1: to convince Scott Peterson. Okay to you, I'll like to
25:58
Speaker 1: stress shot crime online dot com. Best to get a
26:00
Speaker 1: reporter explained to me what's happening. So all of the
26:04
Speaker 1: other legal avenues for Scott Peterson have been exhausted. His
26:07
Speaker 1: attorneys have tried everything under their power to get this
26:11
Speaker 1: case overturned because of legal things that they haven't been
26:14
Speaker 1: able to find it. So they are focusing on this
26:16
Speaker 1: one error who over the years has kept in a
26:22
Speaker 1: keptain context on right word. She has written letters to
26:24
Speaker 1: Scott in prison, and so they have focused in on
26:27
Speaker 1: her and say that she has lied. She lied on
26:31
Speaker 1: herder application, not an application questions writing him behind mars Well,
26:35
Speaker 1: she said she wanted to find out why he did this,
26:38
Speaker 1: that she was so traumatized and horrified by what it
26:42
Speaker 1: actually happened that she hoped that he would explain to
26:44
Speaker 1: her what the reasoning was behind what happened. I don't
26:49
Speaker 1: believe he's ever written her back and said, here are
26:51
Speaker 1: the reasons why I killed Lacy. So she but she
26:54
Speaker 1: has said repeatedly over the years. The reason she didn't
26:57
Speaker 1: put these that in her application or her questionnaire, what
27:01
Speaker 1: had happened to her personally with it wasn't the same
27:05
Speaker 1: thing she said she was. She never thought she was
27:08
Speaker 1: going to be murdered by the boyfriend. That she was
27:13
Speaker 1: filing a restraining order. She didn't think it was in
27:17
Speaker 1: any way, shape or formed the same situation. She just
27:20
Speaker 1: didn't think that she was going to end of being murdered.
27:21
Speaker 1: It was just a bad domestic situation. Hold on, Wait
27:24
Speaker 1: a minute, Wait a minute. I thought that the defense
27:26
Speaker 1: is climbing. That she lied as to whether she's ever
27:28
Speaker 1: been a crime victim and whether she's been a party
27:31
Speaker 1: to a lawsuit, both of which she answered no. Now
27:36
Speaker 1: it's my understanding that the lawsuit, the defense is climbing.
27:41
Speaker 1: It's was she had a restraining order taken out against
27:46
Speaker 1: the boyfriend. Is that because I don't really consider that
27:49
Speaker 1: a lawsuit. Correct, There actually was a lawsuit. It's a
27:53
Speaker 1: little more complicated. She ended up there was there was
27:56
Speaker 1: a boyfriend's new girlfriend and the two of them were
28:00
Speaker 1: arguing back and forth, and so that was where that
28:05
Speaker 1: I believe they arguing at fourth complete go ahead. What
28:09
Speaker 1: was that lawsuit about. I believe it was like a
28:12
Speaker 1: defamation lawsuit. It was a restraining order that she obtained
28:18
Speaker 1: against her then boyfriend's former girlfriend for stalking and threatening. Correct.
28:26
Speaker 1: But again, she didn't at the time believe that this
28:29
Speaker 1: had anything to do with the lady child. That is
28:31
Speaker 1: what she has said over the years. That's why she
28:34
Speaker 1: left it off because I believe the questionnaire was something
28:37
Speaker 1: very close to what had happened too lazy, you know,
28:39
Speaker 1: were you ever a victim of a crime? Where? And
28:41
Speaker 1: she thought, well, I am not at all like this.
28:43
Speaker 1: I never thought anybody was going to kill me. I
28:46
Speaker 1: went on, was pregnant. That is her story exactly. So
28:51
Speaker 1: is it the defense contention that the only time Rochelle
28:56
Speaker 1: Nice would have been a crime victim under the the
29:00
Speaker 1: defense definition, it's when she was being harassed by the girl,
29:05
Speaker 1: the ex girlfriend, Or is there something else alexis terrestchuk
29:09
Speaker 1: there is also she took out a restraining order against
29:12
Speaker 1: a boyfriend at the time because they were again having
29:17
Speaker 1: a domestic dispute. So there are two cases, yet two
29:20
Speaker 1: situations with her. Yeah, so the civil yes, thank you,
29:26
Speaker 1: you're right, go ahead Dale twenty years ago that would
29:29
Speaker 1: have been civil, not criminal. And the result is that
29:32
Speaker 1: she probably answered appropriately. And there are three reasons why
29:37
Speaker 1: the court would even consider this, And the first is
29:41
Speaker 1: it's got to be directly relevant and material, and the
29:45
Speaker 1: second is that the disclosure has to be absolutely intentional.
29:49
Speaker 1: And the last and most important here is that a
29:52
Speaker 1: defense counsel failed to ask the appropriate questions. Then it
29:58
Speaker 1: turns into a problem with his ineffective assistance of counsel.
30:04
Speaker 1: So it's a huge problem, and the Court's not going
30:07
Speaker 1: to change this outcome of this trial in my view.
30:11
Speaker 1: You do know we're in California, right Ah, I had forgotten,
30:15
Speaker 1: So who knows what's going to happen time stories with
30:36
Speaker 1: Nancy Grace. You know, very often issues on appeal del
30:42
Speaker 1: Carson will turn on but four. But four her alleged lie,
30:52
Speaker 1: which I don't know that I see it as a lie,
30:56
Speaker 1: but because when you lie, you assume to me it's intention.
31:00
Speaker 1: But for the light, would the outcome of the trial
31:04
Speaker 1: have been different? Very often you see that weighed on
31:09
Speaker 1: appeal and if not, then it would be deemed harmless error.
31:15
Speaker 1: What do you make of that, Well, that's exactly right,
31:18
Speaker 1: and ultimately it's probably going to be harmless error because
31:22
Speaker 1: there is just a last dying attempt for the lawyers
31:26
Speaker 1: to figure out some manner in which to bring this
31:29
Speaker 1: before the court and into the public view, which is
31:33
Speaker 1: precisely what's happened here. But it doesn't mean that Scott
31:37
Speaker 1: Peterson is innocent of the crime, as you say, And
31:40
Speaker 1: when you talk about that, the poor body of the
31:44
Speaker 1: child floating up in the out of the ocean, you know,
31:48
Speaker 1: the adipose tissue around the body is going to protect
31:52
Speaker 1: it well into death, and it's just horrifying. That's why
31:56
Speaker 1: there's such an interest in this case. When you have
31:59
Speaker 1: a woman one who's killed and her unborn child floats
32:04
Speaker 1: up to draw the line directly to the killer, I
32:08
Speaker 1: want to advise everybody and alexis correct me if I'm wrong.
32:13
Speaker 1: Prosecutor's response to the defense is that the questionnaire asked
32:19
Speaker 1: if Rochelle Niece had ever been the subject of a lawsuit,
32:24
Speaker 1: and that Niece did not understand that a restraining order
32:29
Speaker 1: could be construed as a sort of lawsuit regarding the
32:34
Speaker 1: domestic violence incident. Now see now that restraining order was
32:39
Speaker 1: against her boyfriend's ex girlfriend, who she says was stalking
32:44
Speaker 1: and harassing her. Then you've got part two, a domestic
32:47
Speaker 1: violence incident. Niece filed a declaration describing that incident as
32:53
Speaker 1: a quote heated argument. She says it was her then boyfriend,
32:58
Speaker 1: not her, who called a police and she did not
33:01
Speaker 1: consider herself a victim. Karen starton, does that change things?
33:07
Speaker 1: I think it changes everything. Nancy. I don't even understand
33:11
Speaker 1: how it got to be as far as it is
33:13
Speaker 1: at this point that she's able to testify if she
33:17
Speaker 1: is about this because the story is not the same.
33:21
Speaker 1: It just doesn't make any sense to me. As you
33:25
Speaker 1: can saying, it's not really that kind of a crime,
33:28
Speaker 1: it has nothing to do with the murder, and whatever
33:32
Speaker 1: she read she read that it was not the same
33:35
Speaker 1: to her, and that makes sense to me. I want
33:39
Speaker 1: you to take a listen to my TV home Fox
33:44
Speaker 1: News special Our cut four on the Scott Peterson case.
33:48
Speaker 1: When you think about what it would be like for
33:50
Speaker 1: you with the person that you love the most, what
33:54
Speaker 1: would you be doing? You know, most of us would
33:56
Speaker 1: say I would be out pounding on the doors. I
33:58
Speaker 1: would be out screaming from the rooftop where issue I
34:00
Speaker 1: would be out calling her name. He wasn't at the forefront.
34:03
Speaker 1: He wasn't the one kind of leading the search for
34:06
Speaker 1: his missing wife. You see it from the other family members,
34:09
Speaker 1: that desperate grief, that desperate fear. Where is she? Is
34:14
Speaker 1: she cold? Is she okay? To somebody have her? How
34:17
Speaker 1: do we get her? We've been through so much these
34:20
Speaker 1: last days that I'd like to make a plea to
34:22
Speaker 1: the person or persons who have my daughter, please bring
34:26
Speaker 1: our daughter home. And this is your beautiful smile and
34:29
Speaker 1: your fun loving personality. Every time we were together, I
34:32
Speaker 1: could feel the unconditional love between the both of us.
34:35
Speaker 1: And then you cut to what he looked like, what
34:38
Speaker 1: he sounded like today? How were you remembering your wife
34:41
Speaker 1: and your sin? That's very personally. I'm entertainer. I look
34:45
Speaker 1: for obviously at times when it's difficulty go on, obviously
34:50
Speaker 1: we get these games, thanks very much. So. Right now again,
34:55
Speaker 1: the state and Lacy Peter Peterson's family are in the
35:00
Speaker 1: fight of their life trying to hold this conviction. And
35:05
Speaker 1: back to you, Dell Carson, I remember there would be
35:08
Speaker 1: times when I would work in our appellate division, and
35:10
Speaker 1: of course wrote all the appeals of my own cases
35:14
Speaker 1: where I got a guilty verdict and argue them to
35:16
Speaker 1: the appellate courts. But this is where the appellate the
35:20
Speaker 1: appellate division is so critical. In the district Attorney's office,
35:26
Speaker 1: now the state ag also has an appellate division that
35:30
Speaker 1: will be writing an amaricust Cury brief, which is a
35:33
Speaker 1: friend of the court brief to hold murder convictions as well.
35:38
Speaker 1: So you've got two people writing to hold this conviction
35:42
Speaker 1: and not allow emotion for a new trial to succeed. Because, again,
35:47
Speaker 1: Dell Carson, you named three of the critical rationales for
35:52
Speaker 1: whether there will be a new trial granted and the
35:56
Speaker 1: previous guilty conviction vacated. And what are the considerations? Again,
36:02
Speaker 1: del Carson. The first point here is that during the
36:06
Speaker 1: vote ire, the information that this woman delivered to the
36:12
Speaker 1: court has to be relevant somehow. In other words, she
36:17
Speaker 1: has intentionally lied intentional as the word here, in order
36:22
Speaker 1: to be on the panel. And the third is that
36:26
Speaker 1: defense attorneys are required to ask the appropriate questions and
36:32
Speaker 1: if they failed to ask the appropriate questions and elicit
36:35
Speaker 1: from her information that they wanted that might disqualify her,
36:40
Speaker 1: and they failed to do it, then it's on them.
36:43
Speaker 1: And as you well know, Nancy, the criteria or the
36:47
Speaker 1: basis for winning something like this is an objective standard
36:52
Speaker 1: of reasonableness. It's not maybe or if possibly, because as
36:57
Speaker 1: you say, this would be harmless error. Guys, we are
37:01
Speaker 1: all on pins and needles as we wait to you
37:06
Speaker 1: Alexis Tourez Chuck, what is the next step in this
37:10
Speaker 1: process to Scott Peterson potentially walking free. Well, Rachelle has
37:15
Speaker 1: been given immunity, So when then there's going to be
37:19
Speaker 1: the new sentencing space, I'm sorry, not the sentence space,
37:22
Speaker 1: just another trial. Basically, she has been given immunity and
37:25
Speaker 1: she will be able to talk without the risk of
37:29
Speaker 1: self incrimination. So she's I guess they think that this
37:33
Speaker 1: is a good thing, that nothing she's going to say
37:36
Speaker 1: is going to affect what happened, that it's not going
37:39
Speaker 1: to be overturned because they're not going to see that
37:42
Speaker 1: she was intentionally trying to get on this jury to
37:45
Speaker 1: throw it in against Scott's favor. So there will be
37:48
Speaker 1: a new trial coming up, and I don't believe that
37:53
Speaker 1: it has been scheduled. I think there's something coming up
37:55
Speaker 1: at the end of February. There. I wouldn't call it
37:57
Speaker 1: a trial, I would call it an evidentiary hearing, okay,
38:00
Speaker 1: because the next phase, to my understanding, Alexis tres check,
38:05
Speaker 1: is there's going to be testimony at which Rachelle Nie
38:10
Speaker 1: will testify with immunity about why she answered the questionnaire
38:14
Speaker 1: the way she did. Is that correct? Yes? That is
38:18
Speaker 1: as of right now, that evidentiary hearing has not happened.
38:22
Speaker 1: Is that correct? Correct? It has not. So when you
38:25
Speaker 1: say trial, that means you have a jury pool about
38:29
Speaker 1: one hundred and two hundred people and you get twelve
38:32
Speaker 1: plus alternates and then you put up evidence. That's not
38:35
Speaker 1: what's going to happen. Correct, correct. So right now we
38:40
Speaker 1: are looking at a February date for, hopefully for an
38:45
Speaker 1: evidentiary hearing at which Rachelle Nie Strawberry Shortcake that you
38:52
Speaker 1: are will likely testify with immunity to explain why she
38:58
Speaker 1: answered the questionnaire that you're our questionnaire the way that
39:01
Speaker 1: she did. Do you agree with that, Alexis tres Chuck.
39:06
Speaker 1: I do, and I think that the prosecutors are very
39:08
Speaker 1: confident that whatever she says, is not going to change
39:12
Speaker 1: what happened, but she is not going to have some
39:16
Speaker 1: bombshell confession that she did plot to get on this trial.
39:20
Speaker 1: I think that she's going to explain exactly why she
39:23
Speaker 1: answered the questionnaire the way she did, and they feel
39:26
Speaker 1: like that this is solid and this will not overturn
39:29
Speaker 1: scots guilty verdict. Take a listen to our cut twenty
39:32
Speaker 1: if you have any further doubts again my TV home
39:35
Speaker 1: Foxnews special to Scott Peterson case. Scott Peterson reportedly had
39:41
Speaker 1: ten thousand dollars in cash, his brother's idep and a
39:44
Speaker 1: smart alec attitude when cops busted him for the murder
39:47
Speaker 1: of his pregnant wife. And then there's the change of appearance,
39:51
Speaker 1: the new blonde hair and goatee, making you wonder if
39:54
Speaker 1: he was getting ready to run. He had tried to
39:57
Speaker 1: alter his appearance dyeing his beard. He had cash, he
40:01
Speaker 1: had a weapon, camping paraphernalia, water purifiers, everything that looked
40:06
Speaker 1: like a man on the run. He had way too
40:09
Speaker 1: much stuff to be just casually going out of town.
40:12
Speaker 1: That was being prepared to be on the run for
40:14
Speaker 1: a while. They catch him, They got him. They're taking
40:17
Speaker 1: him in. He says, I heard that there were bodies.
40:20
Speaker 1: Tell me it wasn't them. He knows that it's them,
40:23
Speaker 1: and off he goes back up to jail in Northern California.
40:28
Speaker 1: This case has been through so many twists and turns.
40:32
Speaker 1: Karen start, what toll is this taking on Lycey's mother,
40:36
Speaker 1: Sharon Rachel. Well just think about it, Nancy. As Sharon
40:40
Speaker 1: says herself, not a day goes by where she doesn't
40:43
Speaker 1: think about her daughter, Lacy and Connor. And now all
40:48
Speaker 1: of this is coming up again. So she's being retraumatized
40:52
Speaker 1: without any kind of wonderful solution that Scott is confessing
40:57
Speaker 1: or saying he's sorry, or this just keeps going on
41:02
Speaker 1: and on for her, for the family, it is very
41:05
Speaker 1: very sad and unfortunate. I'm trying to figure out, doctor
41:11
Speaker 1: Michelle Dupree, forensic pathologist. You and I've dealt with so
41:17
Speaker 1: many murders and seventy murderers. I don't think they have
41:21
Speaker 1: in their mind what could happen to them if they're caught.
41:24
Speaker 1: But a lot of planning went into the disposal of
41:28
Speaker 1: Lacey's body. Explain, But I think you're right. They don't
41:31
Speaker 1: think about what happens if they get caught. They think
41:34
Speaker 1: they're going to get away with it. They have absolutely
41:37
Speaker 1: no regard for anyone, really, I think, except themselves, and
41:40
Speaker 1: so they just don't think they'll go got you know,
41:43
Speaker 1: to you Alexis Terres, the amount of planning it took
41:47
Speaker 1: to dispose of Lacey's body was overwhelming. Explain, Well, it
41:52
Speaker 1: started with Scott's alibi or excuse as to where he was.
41:56
Speaker 1: You know, he told the whole family he was golfing
41:59
Speaker 1: the next day, so he is gone all day. Comes
42:02
Speaker 1: from Lacey's family has not heard from her all day.
42:04
Speaker 1: The mom and dad's stepdad talked to her repeatedly, they
42:08
Speaker 1: haven't heard Mersons eight thirty pm. They're wondering where they are,
42:11
Speaker 1: wondering where they are, and then Scott tells them, oh,
42:14
Speaker 1: I've been golfing all day. Scott was not even the
42:17
Speaker 1: one in the very beginning to call the police. Lacey's
42:20
Speaker 1: stepdad was the first person. So you come home, your
42:23
Speaker 1: pregnant wife is missing. My husband would have had a
42:26
Speaker 1: heart attack. He would have called everybody under the sun,
42:30
Speaker 1: not Scott. So the father is the first one that
42:33
Speaker 1: called the police, and he said, my son or I
42:36
Speaker 1: probably called him son because they were so close. But
42:39
Speaker 1: my daughter's husband was out golfing. He came home and
42:43
Speaker 1: she is missing. While it turned out, Scott then told
42:46
Speaker 1: the police, well, I wasn't really golfing at all. I
42:48
Speaker 1: was fishing. He wasn't fishing, he was dumping Lacey and
42:51
Speaker 1: Connor's body in the San Francisco Bay. Will it ever end?
42:56
Speaker 1: For Lacey's mother, Sharon Racha. Life has moved on, but
43:02
Speaker 1: this wound for Sharon Roacha can't heal. As Scott Peterson
43:08
Speaker 1: continues to insist he's innocent, He's back in court trying
43:14
Speaker 1: to get a new trial. Will he we wait as
43:19
Speaker 1: just as un falls Nancy Grace Crime's story, signing off
43:23
Speaker 1: Goodbye friend,