Celebrity defense attorney Mark Geragos, known for representing high-profile clients, continues to advocate for the innocence of Scott Peterson, who was convicted in 2004 of murdering his pregnant wife, Laci Peterson, and their unborn son, Conner.
Peterson, now 53, has maintained his innocence throughout his more than two decades of imprisonment. Geragos, who was part of Peterson's legal team before the guilty conviction, stated in an exclusive interview with the Daily Mail that he believes new evidence could lead to a new trial. "It was an investigation that was determined to prove him guilty not to find out who did it," Geragos said. He described his relationship with Peterson as "close" and "avuncular," adding that he believes Peterson is "utterly incapable" of committing such a crime.
Claims of Prosecutorial Misconduct
Geragos has long argued that prosecutors engaged in multiple Brady violations, which involve the failure to disclose evidence favorable to the defense. He contends that investigators focused on Peterson while neglecting other leads. "They didn't bother with all the facts in this case. They can't tell you where. They can't tell you when. They can't tell you how," Geragos stated.
Prosecutors at the time argued that Peterson killed Laci Peterson at their Modesto, California, home on Christmas Eve 2002 before transporting her body to a marina in Berkeley, California, where he allegedly dumped it from his fishing boat into San Francisco Bay. The case gained national attention due to Peterson's affair with Amber Frey, whom he had told he was a widower. Frey later worked with prosecutors, secretly recording conversations with Peterson. The remains of Laci and Conner washed ashore months later.
Peterson's conviction was largely based on circumstantial evidence, including his affair, his demeanor after his wife's disappearance, and the discovery of the remains near his fishing spot. Geragos maintains that this evidence was insufficient and that alternative theories, such as Laci Peterson interrupting a burglary, were not fully explored.
New Documentary and Legal Challenges
Geragos will be featured in the upcoming two-part A&E documentary, "Scott Peterson: The New Evidence," which is set to explore 14 new evidentiary claims made in Peterson's latest petition. This petition, filed by the Los Angeles Innocence Project, was recently denied by a judge, but his lawyers plan to appeal.
The documentary reportedly examines claims that police failed to thoroughly investigate a burned-out van found near the Peterson home, which a retired analyst allegedly claims contained DNA and other biological material that investigators were instructed not to disclose. The defense also points to witnesses who reportedly saw Laci alive after prosecutors stated she was already dead, and to notes allegedly written by Laci about the couple's boat that could challenge the prosecution's theory of a murder-for-a-plan scenario. Additionally, new fetal growth analysis is being presented that could challenge the timeline of Laci and Conner's deaths.
Prosecutors, however, maintain that the defense has repeatedly attempted to link unrelated events to the case without sufficient evidence. In a filing opposing Peterson's habeas petition, they argued that the new evidence claims were either already considered, lacked merit, or would not have altered the trial's outcome. They contend that the burglary across the street occurred after Laci's disappearance, undermining a key defense theory.
Geragos expressed regret over not pushing for cameras in the courtroom during the original trial, believing that the intense public interest and lack of a sequestered jury contributed to a "disaster" for the defense. He suggested that if the case occurred today, Peterson might not have been convicted.