Nearly 22 years after Scott Peterson was convicted of murdering his pregnant wife, Laci Peterson, his legal team is presenting what they describe as new evidence that could overturn his conviction. The case, one of the most publicized in recent American history, is being re-examined in A&E's new two-part docuseries, "Scott Peterson: The New Evidence."
Ninette Toosbuy, a retired LAPD detective featured in the documentary, told Fox News Digital that the initial handling of the missing person's case by Modesto police raises concerns. "When you initially have a missing person’s case, there are certain protocols, certain things that must be done, and that is to follow up on every possible lead to determine when and where the missing person was last seen," Toosbuy said. "That wasn’t done in this case. That alone, just that alone, got me very interested in looking deeper into the matter. I think that Scott Peterson does deserve a new trial."
Prosecutors maintained that Peterson murdered his wife, who was eight months pregnant, on Christmas Eve 2002 before dumping her body in San Francisco Bay. The remains of Laci, 27, and their unborn son, Conner, washed ashore months later. Peterson was convicted and initially sentenced to death, a sentence later overturned. He is currently serving life without the possibility of parole.
The docuseries highlights 15 individuals who claimed to have seen Laci walking her dog on the morning of Dec. 24, 2002, after Peterson stated he had already left home for a fishing trip. Toosbuy questioned why these reported sightings were not thoroughly investigated. "Why wasn’t this absolutely exhausted? Why wasn’t this followed all the way through?" she asked. "If you had witnesses who could confirm that they did see Laci at the park or in the neighborhood, and this would’ve been at the time after Scott already left for the marina, then that would’ve immediately excluded him as a suspect."
Prosecutors, however, have argued that many of these sightings were unreliable or inconsistent. Chris Pixley, a defense attorney also featured in the series, suggested that the defense team at trial did not call these witnesses. "You have to wonder whether the trial would have had a different outcome," Pixley said.
Peterson's attorneys also point to a burglary reported at the home of neighbors Rudy and Susan Medina on the morning of Laci's disappearance. A burned van with potential bloodstains was found near the Peterson home on Christmas Day. Peterson's legal team has proposed that Laci may have interrupted this burglary and was subsequently abducted and killed by the burglars. Toosbuy found the lack of investigation into the burned van suspicious, stating, "I think it’s bizarre that you find a van that was burned not far from Laci’s neighborhood and do not explore the possibility that it’s related."
Prosecutors countered that there was no evidence linking the burglars to Laci's disappearance and that the Medina burglary occurred two days after she went missing. Despite this, LAIP attorneys claim that only a small portion of a mattress found in the van was tested for DNA, which they argue is insufficient. Prior testing did not identify Laci's DNA on the tested portion, but LAIP contends the testing was incomplete.
Evidence regarding Peterson's affair with massage therapist Amber Frey was also a key point in the original trial. Toosbuy acknowledged Peterson's actions were "unwise" but argued that an affair does not automatically equate to murder. "Having an affair is not a nice thing. But having an affair does not automatically make you a murderer, either. It could make you a bad husband, but it doesn’t necessarily make you a murderer."
Further complicating the case are conflicting expert opinions on Laci Peterson's remains washing ashore. While a hydrologist testified based on wind data that Laci may have been placed in the water near where Peterson claimed to be fishing, an expert retained by LAIP used hydrodynamic modeling. This expert concluded that Laci could have been placed in the shallows off Albany Bulb, an area miles from Peterson's stated fishing location.
Additionally, Peterson's attorneys claim that handwritten notes recovered from the home suggest Laci was aware of Peterson's purchase of a fishing boat and may have been assisting in gathering equipment for it, a detail they argue prosecutors did not fully explore. In April, San Mateo County Superior Court Judge Elizabeth Hill denied Peterson's most recent petition to overturn his conviction, with the Stanislaus County District Attorney's office stating the arguments were "recycled, repackaged and rebranded." Peterson's attorneys plan to appeal the decision.
Despite the legal setbacks, Toosbuy believes the efforts by the Los Angeles Innocence Project have brought forth compelling information. "I do think there are some really compelling things that have come out of the Los Angeles Innocence Project’s efforts," she said. "Ultimately, everybody’s going to make their own decision about what was done, what was not done."
Laci Peterson's mother, Sharon Rocha, has publicly rejected the claims made in the documentary, stating, "There is no new evidence."