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Scott Peterson: First On-Camera Interview in 2 Decades — Transcript

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  1. 0:00[Music]
  2. 0:00Scott Peterson serving a life sentence
  3. 0:02for the 2002 murders of his wife Lacy
  4. 0:05and unborn son Connor after more than 20
  5. 0:07years he still claims he didn't do it
  6. 0:10and now he's breaking his silence in a
  7. 0:13new docu series with the LA Innocence
  8. 0:16Project taking over his case DNA testing
  9. 0:19on a single piece of duct tape could
  10. 0:21give Peterson a new
  11. 0:24trial good evening and welcome to
  12. 0:26closing arguments I'm Ted rolands in
  13. 0:28tonight for Vinnie poit we're going to
  14. 0:30begin tonight with a story that many of
  15. 0:32us have been following for more than 20
  16. 0:35years now convicted killer Scott
  17. 0:37Peterson of course was found guilty of
  18. 0:39the murders of his wife Lacy and unborn
  19. 0:41son Connor back in 2004 and since day
  20. 0:45one he's always maintain that he had
  21. 0:46nothing to do with it now the LA
  22. 0:49Innocence Project is pushing for
  23. 0:50Peterson to get a new trial and after
  24. 0:52their latest effort for a new DNA tests
  25. 0:55the judge has
  26. 0:57ruled sort of in their favor basically
  27. 1:00she said no to testing the items except
  28. 1:03one one single piece of duct tape found
  29. 1:06on Lacy Peterson's body will be tested
  30. 1:09and they're hoping that there's going to
  31. 1:11be some DNA and someone else might be uh
  32. 1:15found it fingered for this double murder
  33. 1:18but unlikely we'll talk about that in a
  34. 1:21bit another development for the first
  35. 1:23time since 2003 Scott Peterson is
  36. 1:26speaking out in his first on camera
  37. 1:29interview in more more than two decades
  38. 1:31as part of a new peacock docu series
  39. 1:33called face to face with Scott Peterson
  40. 1:37the new three-part series is premiering
  41. 1:39on peacock August 20th take a
  42. 1:46look thanks for talking with me
  43. 1:48[Music]
  44. 1:56today he didn't want to be a dad didn't
  45. 1:58want to pay child support didn't want us
  46. 2:00to pay spousal and this is the way he
  47. 2:02thought about getting out of
  48. 2:06it I believe my brother-in-law Scott has
  49. 2:09been wrongfully convicted of that
  50. 2:12[Music]
  51. 2:18murder he's been in prison since April
  52. 2:21of 2003 Scott has not spoken on camera
  53. 2:25about the case in those 21 years
  54. 2:29[Music]
  55. 2:31why should anyone care about what you
  56. 2:34have to say 20 years
  57. 2:39later the deeper you get into this case
  58. 2:42the more question you
  59. 2:48have now a big reason that Scott
  60. 2:50Peterson was convicted was the testimony
  61. 2:53of Amber fry he was cheating on Lacy
  62. 2:57with Amber fry she cooperated with
  63. 2:59investigators recorded his phone
  64. 3:01conversations and when she entered that
  65. 3:03courtroom I was there for every day of
  66. 3:05this trial she completely changed the
  67. 3:08case tonight the attorney who
  68. 3:11represented Amber and came down that
  69. 3:12escalator with her glor all red is with
  70. 3:15us also here Deputy public defender of
  71. 3:17Los Angeles County Philip dubet good
  72. 3:19evening to both of you Gloria what's
  73. 3:21your take on Scott uh taking part in
  74. 3:24this documentary on um Hulu I don't know
  75. 3:26if you're in it or not or Amber but the
  76. 3:29um
  77. 3:30they're billing it is Scott's talking
  78. 3:32for the first time in 20 years what what
  79. 3:34could he
  80. 3:36say well I have a lot of questions uh
  81. 3:39for him uh and also for peacock uh he's
  82. 3:43not going to be testifying under oath he
  83. 3:46never did testify under oath in this
  84. 3:48criminal case because he invoked his
  85. 3:50Fifth Amendment privilege against
  86. 3:52self-incrimination he wasn't required to
  87. 3:55testify and he chose not to testify now
  88. 3:58he's doing the peacock documentary I
  89. 4:00just want everyone to know he has no
  90. 4:03duty to tell the truth the whole truth
  91. 4:05and nothing but the truth so help him
  92. 4:07God is not under oath in this
  93. 4:09documentary also his conviction for
  94. 4:13murdering or you know homicide of lacy
  95. 4:17and also of the uh unborn uh fetus
  96. 4:22Connor was affirmed by the California
  97. 4:25Supreme Court the only thing that was
  98. 4:26overturned was the death penalty so now
  99. 4:30he's trying to get a new trial with uh
  100. 4:33DN DNA evidence on a number of items but
  101. 4:37the judge recently found that uh all but
  102. 4:40one of those dozen or so items that the
  103. 4:43Innocence Project wanted to test uh
  104. 4:46should not be tested only as was pointed
  105. 4:48out uh only one item will be tested and
  106. 4:52that's the tape uh that was found uh and
  107. 4:55that at the time of the autopsy on her
  108. 4:58pants so that will be tested so the real
  109. 5:01question is why is he doing it because
  110. 5:03he lost in the court of law I guess now
  111. 5:06he's appealing to the court of public
  112. 5:08opinion is he getting any money from
  113. 5:10this where is the money going is it
  114. 5:12going for attorneys is it going to him
  115. 5:15or to his sister-in-law who's pushing to
  116. 5:18get him a new trial I'd just like to
  117. 5:20know the ansers to these questions
  118. 5:21because he's a convicted felon now
  119. 5:24facing a life sentence since the death
  120. 5:26penalty was overturned um and I just
  121. 5:29have question
  122. 5:30about Philip why are we still talking
  123. 5:32about Scott Peterson what what what is
  124. 5:34it about this
  125. 5:35case well first of all he initiated a
  126. 5:38petition with the court California
  127. 5:40passed a new law relatively new that uh
  128. 5:44authorized the uh testing of untested
  129. 5:47DNA or uh DNA that may have been tested
  130. 5:50with flawed procedures at the time of
  131. 5:52the offense so what he's doing is he's
  132. 5:55exercising his right and you have to
  133. 5:57understand that in order to even
  134. 5:59exercise ex that right it
  135. 6:01presupposes that the petitioner has
  136. 6:03already been convicted and is serving
  137. 6:06time in prison so it's a a prerequisite
  138. 6:08to the petition and you have to
  139. 6:11understand that there is uh a piece of
  140. 6:14evidence that was not tested it was a
  141. 6:17152 in strip of duct tape that was found
  142. 6:21adhered to Lacy's uh pants that was
  143. 6:25lifted during the autopsy back in
  144. 6:282003 and the rich source of any DNA and
  145. 6:32hopefully it's not Scots because if it
  146. 6:33is we're going to close this out well
  147. 6:35let's just pretend there's an unknown
  148. 6:37contributor on the uh sticky substrate
  149. 6:40if you will of that tape it could show
  150. 6:44that somebody other than Scott Peterson
  151. 6:47is the culprit the whole idea behind
  152. 6:50this statute allowing for testing for
  153. 6:52DNA is to determine the identity of the
  154. 6:56perpetrator and if you have a piece of
  155. 6:59sticky tape stuck to a victim's body
  156. 7:02where DNA matches somebody other than
  157. 7:05Scott Peterson then all the evidence
  158. 7:07about the Affairs not wanting to pay
  159. 7:09child support not wanting to pay
  160. 7:11spouse's support and being a cad it's
  161. 7:14all noise because at the end of the day
  162. 7:16the science could set him free now what
  163. 7:19this would do in the end uh assuming he
  164. 7:22is successful in the lab uh by the way
  165. 7:24that strip uh I believe was sent to pure
  166. 7:27gold forensics it's a lab in in Southern
  167. 7:30California I think it's in the city of
  168. 7:32Redlands but let's say they do find some
  169. 7:35donor other than Scott what it would do
  170. 7:38is form the basis of a new trial of the
  171. 7:40guilt phase of his murder case and we'll
  172. 7:43see right now it's up in the air I think
  173. 7:45the lab has approximately 45 days to
  174. 7:47conclude the testing and get the results
  175. 7:50to San Mato Court under seal and you
  176. 7:53know the they did actually test a bit of
  177. 7:54that piece of duct tape originally they
  178. 7:57found um DNA but the
  179. 8:00defense successfully argued to the judge
  180. 8:01hey do it we got to do it again we have
  181. 8:03to do a different portion of it because
  182. 8:05the testing at that time was inferior to
  183. 8:07what we're dealing with now Gloria if
  184. 8:09that comes back Joe scho that has
  185. 8:13nothing to do with anything and is you
  186. 8:14know it's not the robbers across the
  187. 8:17street or it's not someone who lived in
  188. 8:19Modesto at the time does that give him
  189. 8:22enough traction for a new
  190. 8:26trial well I that's going to be
  191. 8:28determined by the judge Ted and the
  192. 8:31question is by the way I don't have any
  193. 8:32problem with someone trying to prove
  194. 8:35that he's factually innocent if he can
  195. 8:37prove it uh but I do have a problem with
  196. 8:42uh the fact that he's doing a
  197. 8:44documentary he's trying to have an
  198. 8:47impact on the court of public opinion
  199. 8:49maybe he thinks if he can get a new
  200. 8:50trial this documentary will help him to
  201. 8:54prove that he should not have been
  202. 8:57convicted that someone else did it and
  203. 9:00but let's me so to have an impact on the
  204. 9:02jury pool but let's remember this he was
  205. 9:06found to be guilty Beyond a reasonable
  206. 9:10doubt it doesn't mean for a conviction
  207. 9:13that he has to be found guilty Beyond
  208. 9:16any doubt whatsoever that's not the
  209. 9:18burden of proof that is not the standard
  210. 9:21in the law and I'm sure your guest would
  211. 9:23agree with me on that so if there is
  212. 9:26some doubt it doesn't mean that it was
  213. 9:28wrong for the
  214. 9:29to prove uh you know to find that he was
  215. 9:32guilty Beyond A Reasonable Doubt but
  216. 9:35let's see what happens next let's see
  217. 9:37what the judge decides let's see what
  218. 9:39she thinks she found that some of the
  219. 9:42evidence that the innocent project
  220. 9:44wanted to be tested and which will
  221. 9:46probably be in the documentary I don't I
  222. 9:49haven't seen it that she wouldn't allow
  223. 9:52uh to be tested would not have affected
  224. 9:55the outcome of his criminal case or was
  225. 9:58not in a condition to be Ed uh or was
  226. 10:00not police custody so she didn't allow
  227. 10:02it we'll see whether any of that changes
  228. 10:06when the evidence comes in on this duct
  229. 10:09tape Philip the LA Unis project has
  230. 10:12basically said nothing um about the fact
  231. 10:15that they are now representing Scott
  232. 10:17Peterson what do you
  233. 10:19think made them take on this of all
  234. 10:23cases because of course you know there's
  235. 10:25a huge interest in this case um
  236. 10:29what do you think why is there a there
  237. 10:31there for
  238. 10:32them well first of all I believe he
  239. 10:35reached out to them from prison and
  240. 10:38probably confided with them
  241. 10:42uh regarding items of evidence that he
  242. 10:46believes could exonerate him that were
  243. 10:48either not tested uh before his trial or
  244. 10:51during his trial or were tested with
  245. 10:54flawed procedures or with procedures
  246. 10:56that are far more advanced now so so
  247. 10:59what the uh Innocence Project does is
  248. 11:01they focus not on cases where there
  249. 11:04might be reasonable doubt but on cases
  250. 11:07where there in fact may be proof of
  251. 11:09Innocence so for example if all these
  252. 11:12items that they wanted tested could
  253. 11:14point to the identity of somebody else
  254. 11:17then that could win Scott a new trial
  255. 11:19and that's ultimately the endgame you
  256. 11:22know uh and by the way the LA Innocence
  257. 11:24Project has not been around that long I
  258. 11:26believe it was created with a grant from
  259. 11:29a DNA Exon back in
  260. 11:322022 uh he was exonerated I believe here
  261. 11:36in LA county uh after serving many many
  262. 11:39years in prisons for a crime he didn't
  263. 11:41commit and out of his uh utmost
  264. 11:44gratitude he donated I believe a million
  265. 11:46dollars to create this chapter if you
  266. 11:50will of the Innocence Project and they
  267. 11:52partnered with uh Cal State Los Angeles
  268. 11:55and their California forensic Institute
  269. 11:58and uh the man who was exonerated was
  270. 12:01Andy Wilson and I believe he won like
  271. 12:031.2 million from the California state
  272. 12:06victim Compensation Board and I think
  273. 12:08$14 million from the sheriffs and the
  274. 12:11LAPD uh because he was wrongfully
  275. 12:14convicted you know so they have the
  276. 12:16resources they have the will and now
  277. 12:19let's see what unfolds yeah well we will
  278. 12:21definitely see uh Scott Peterson um he
  279. 12:24hasn't done interviews in a long time 20
  280. 12:27in fact I believe I was the last person
  281. 12:28to interview him 20 years ago uh here's
  282. 12:31some of the things that he said to not
  283. 12:33only me but Diane Sawyer in that time
  284. 12:36period before he went to trial and was
  285. 12:38trying to tell everybody hey I didn't do
  286. 12:40it it was I'm I'm innocent take a
  287. 12:43listen violence towards women and
  288. 12:47is unapproachable it is the most
  289. 12:50disgusting act to me um and I know that
  290. 12:54uh suspicion has turned me what kind of
  291. 12:57marriage was it
  292. 12:58[Music]
  293. 13:00God I mean the first word it comes to
  294. 13:01mind is you know glorious I mean we took
  295. 13:04care of each
  296. 13:05other very well
  297. 13:09um she was amazing he is amazing another
  298. 13:13story that is out there is that the
  299. 13:14kitchen was spotless
  300. 13:17mhm and in fact there was still a wet
  301. 13:19mop around which indicated somebody had
  302. 13:21cleaned something very she was mopping
  303. 13:24the floors when I left that
  304. 13:26morning um yes the house is spotless she
  305. 13:29had a cleaning lady on
  306. 13:31Monday the
  307. 13:3323rd so if the cleaning lady had been
  308. 13:36there why have why have to clean again
  309. 13:38dog two
  310. 13:40cats ladyy backyard you haven't
  311. 13:43mentioned your
  312. 13:44[Music]
  313. 13:50son that was it's so hard it seems like
  314. 13:53a it's a waste of Manpower in that
  315. 13:57Pursuit and that's unfortunate makes me
  316. 13:59sad more than it does angry um you know
  317. 14:02when they were out there in the marina
  318. 14:04and I heard his 88 officers those there
  319. 14:0688 officers which could have been
  320. 14:07following up on investigative
  321. 14:10leads I'm sure there's you know my blood
  322. 14:12everywhere in that truck I work on a
  323. 14:14farm with machineries and um you know
  324. 14:17everyone that's I've done media with you
  325. 14:19know looked at the scars and cuts on my
  326. 14:20hands and I'm afraid you know man we cut
  327. 14:24each other and we bleed obviously not a
  328. 14:27positive thing
  329. 14:29um and you know I think the real
  330. 14:31question that you're getting at and that
  331. 14:34everyone wants to know is you know did
  332. 14:36that precipitate to me being involved
  333. 14:37with her disappearance and no it did not
  334. 14:41and I had absolutely nothing to do with
  335. 14:42Lacy's
  336. 14:46disappearance Gloria I I'm not sure what
  337. 14:49he's going to say to Peacock um probably
  338. 14:52a lot of the same that he just didn't do
  339. 14:55it um he didn't take the stand I might
  340. 14:58add said but yeah yeah what you
  341. 15:01showed it says admitted into evidence so
  342. 15:05I think that was offered by the
  343. 15:07prosecution at the trial to prove help
  344. 15:10to prove their case as evidence and it
  345. 15:12was admitted so it didn't help him to do
  346. 15:15those interviews no not at all in fact
  347. 15:17the hatred for him just escalated after
  348. 15:19those interviews uh people couldn't IM
  349. 15:21may just I thought he was full of it uh
  350. 15:24your client Amber fry did testify and
  351. 15:26and just knocked it out of the park it
  352. 15:28it CH the
  353. 15:30case it went from it looked like gagos
  354. 15:33had a lot of momentum and boom it was
  355. 15:35over the would she be you know would she
  356. 15:39do it again if she had to have you
  357. 15:41talked to her lately what's uh what's
  358. 15:42her life
  359. 15:44like she has indicated that if it were
  360. 15:48necessary she would do it again if there
  361. 15:51was another trial because she has said
  362. 15:53Ted the truth is the truth and it
  363. 15:56doesn't change with the passage of time
  364. 15:59so she would testify truthfully as she
  365. 16:01did the last time when she testified and
  366. 16:04she's always been very brave very
  367. 16:05courageous when she secretly taped Scott
  368. 16:08Peterson and uh and he didn't know it
  369. 16:11and she did it at the request of law
  370. 16:13enforcement and that those tapes
  371. 16:16definitely had a negative impact on
  372. 16:20Scott Peterson he was not only a a
  373. 16:23killer he was also a liar and the
  374. 16:26argument that we he's an adulterer but
  375. 16:29that doesn't mean he's a murderer that's
  376. 16:31true but evidence proved that he was a
  377. 16:34murderer again affirmed by the
  378. 16:37California Supreme Court so I have
  379. 16:40confidence in her that she would be a
  380. 16:42powerful witness once again if there
  381. 16:44were new trial and by the way just
  382. 16:47because if they find someone else's DNA
  383. 16:50on the tape I don't know why that would
  384. 16:52necessarily mean he absolutely has to
  385. 16:55have a new trial because you know it
  386. 16:58still has to be proven uh I mean could
  387. 17:01someone else have put the tape around
  388. 17:03her pants I don't know so I'll leave
  389. 17:06that to the court to decide Philip if if
  390. 17:10indeed it comes back let's say it comes
  391. 17:11back to someone they can't track down
  392. 17:13would do you think that would be enough
  393. 17:15for a new trial oh that's that's a great
  394. 17:17question Ted and just so viewers
  395. 17:20understand that when these test results
  396. 17:22come back and let's say they do Identify
  397. 17:25some unknown donor or contributor of
  398. 17:28that DNA
  399. 17:29the court can make an order that the DNA
  400. 17:32profile be uploaded into cotus which is
  401. 17:35the combined DNA data bank and what they
  402. 17:38will do is see if there are any hits you
  403. 17:41never know it could be that whoever uh
  404. 17:43has DNA on that tape other than Scott
  405. 17:46Peterson hopefully his isn't on there
  406. 17:48otherwise we would have gone through
  407. 17:49this whole charade for nothing but let's
  408. 17:51just assume there's some unknown donor's
  409. 17:54DNA on there uh and there's a hit the
  410. 17:57standard is
  411. 17:59head would there be a more favorable
  412. 18:02verdict had this DNA been available at
  413. 18:05the outset so I think that that would be
  414. 18:09compelling evidence that here on the
  415. 18:11adhesive portion of tape that's stuck to
  416. 18:14her pant leg it has remained there in
  417. 18:17evidence all these years it does not
  418. 18:20match Scott but matches somebody else I
  419. 18:22don't see how a jury could convict I
  420. 18:25think it's that would raise Reasonable
  421. 18:27Doubt for a jury oh yeah I agree with
  422. 18:30that Gloria bottom line at for us do you
  423. 18:33think this is uh a just a charade and a
  424. 18:36continuation I know Sharon roacha
  425. 18:38released a statement during these last
  426. 18:40hearings expressing her frustration that
  427. 18:43this just will not go away and on the
  428. 18:46other side of the coin you mentioned
  429. 18:47Janie Peterson his sister-in-law she
  430. 18:50wasn't got a law degree um she's
  431. 18:53absolutely convinced that he did not do
  432. 18:56this and does that say something I mean
  433. 18:59this 20 years later she's still
  434. 19:01convinced you got enough time to really
  435. 19:03think it through um is what's your take
  436. 19:06on
  437. 19:08that well her opinion of course is not
  438. 19:12evidenced uh but again uh it really
  439. 19:16depends on what the judge decides I
  440. 19:19don't know that she is absolutely
  441. 19:22mandated to Grant a new trial if someone
  442. 19:25else's DNA is discovered on it we'll
  443. 19:29have to wait and see and I can't say
  444. 19:31that
  445. 19:33automatically that a judge that a jury
  446. 19:36if there were a new trial seeing this
  447. 19:39evidence with someone else's DNA if in
  448. 19:42fact that's what the DNA test shows
  449. 19:45would necessarily change their mind and
  450. 19:48decide that there's not enough proof
  451. 19:50Beyond a reasonable doubt they can look
  452. 19:53at all the evidence and of course that
  453. 19:54would have to be admitted uh probably
  454. 19:58over objection but in any event we'll
  455. 20:01see what the jury decides they're going
  456. 20:02to look at all the evidence not just one
  457. 20:04piece of evidence and even if it's
  458. 20:07somebody else's DNA they could decide
  459. 20:09there's enough evidence to prove guilt
  460. 20:11Beyond A Reasonable Doubt I I don't
  461. 20:13predict what Jes will do uh because I
  462. 20:16don't have a crystal ball and they never
  463. 20:18know what a jury is going to do but I'm
  464. 20:20just saying I don't buy that it will
  465. 20:23necessarily A be a new trial if that is
  466. 20:25found and B if there is that he will not
  467. 20:29be convicted again I Janie Peterson has
  468. 20:32said on this program that if he gets a
  469. 20:35new trial there is no way another jury
  470. 20:37would find him guilty as the first one
  471. 20:40did uh but we are eons away from that
  472. 20:43taking place waiting on the test results
  473. 20:46and then everything in between and first
  474. 20:49up it'll be that documentary on uh
  475. 20:51peacock I don't know if you'll be
  476. 20:52watching Gloria but we'll talk to you
  477. 20:53afterwards and get your opinion you as
  478. 20:55well Philip yeah I'll watch it by the
  479. 20:57way just because the Innocence Project
  480. 20:59took his case doesn't mean that he will
  481. 21:03be found innocent or that someone else's
  482. 21:06DNA will be discovered on the tape and
  483. 21:08there have been cases they've taken
  484. 21:10where they did not have enough evidence
  485. 21:12to prove that their client was factually
  486. 21:15innocent absolutely absolutely all right
  487. 21:18uh thank you both uh Gloria philli enjoy
  488. 21:21your weekends thank you for your
  489. 21:22valuable time we're going to get a break
  490. 21:23in here when we come back the think tank
  491. 21:25is going to join us plus here's a
  492. 21:26preview of what's coming up in our next
  493. 21:28next hour here on closing
  494. 21:31arguments Chad durman accused in the
  495. 21:33execution style of his three young Sons
  496. 21:36appears in court today for a surprise
  497. 21:38plea will bring you the biggest moments
  498. 21:41from today's
  499. 21:42[Music]
  500. 21:45hearing join Court TV's Vinnie palitan
  501. 21:48in every story in every trial every case
  502. 21:50there's at least two sides to it to dive
  503. 21:53into the latest oh my God and breaking
  504. 21:56true crime stories
  505. 21:58was a very targeted very personal attack
  506. 22:01inside I've never seen that in Discovery
  507. 22:02I've been incarcerated 3 years and
  508. 22:04outside of the court room she's a
  509. 22:06psychopath now let's look at the other
  510. 22:09side of all of that Vinny pitan
  511. 22:11investigates starting Monday night 98
  512. 22:13Central on court
  513. 22:17TV is that correct Mr Peterson you're
  514. 22:19pleading not Kil you the two charges of
  515. 22:21uh murder plus the special denying the
  516. 22:24special allegations absolutely that's
  517. 22:25correct joh I'm in
  518. 22:29that was Scott Peterson in court more
  519. 22:31than 20 years ago proclaiming his
  520. 22:32innocence and even after two decades
  521. 22:35Behind Bars he hasn't changed the story
  522. 22:36at all now the LA Innocence Project has
  523. 22:39taken on Peterson's case in an attempt
  524. 22:41to get him a new trial the defense
  525. 22:43requested dozens of items to be tested
  526. 22:46for DNA and in July the judge overseeing
  527. 22:48the case ruled that a single piece of
  528. 22:50duct tape submitted to a lab for testing
  529. 22:53uh would be it all the other items they
  530. 22:56wanted to test the judge said no but
  531. 22:58they are testing this one in their
  532. 23:00motion for the testing the defense wrote
  533. 23:02about this piece of tape in a a strip of
  534. 23:06duct tape approximately 15 in long was
  535. 23:08found adhered to Lacy's pants on her
  536. 23:11right thigh in 2004 a section of the
  537. 23:15duct tape that was folded over onto
  538. 23:17itself underwent DNA testing and the
  539. 23:19presence of human DNA was found but no
  540. 23:22DNA profile could be obtained given that
  541. 23:25human DNA was obtained and only a small
  542. 23:27portion of the duct tape found on Lacy's
  543. 23:29pants there is a good reason to believe
  544. 23:31broader sampling will with improved
  545. 23:34methods and more sensitive DNA testing
  546. 23:37May reveal probab probative results
  547. 23:40let's bring in the think tank see what
  548. 23:42they think about it Chief public
  549. 23:44defender for Oakland County Michigan who
  550. 23:46represented the Oxford High School
  551. 23:47shooter Paul at Lofton is with us
  552. 23:49tonight and former senior homicide
  553. 23:51prosecutor and founder of the viona law
  554. 23:54firm Bernarda viona good to see you
  555. 23:55Bernarda and finally the guy that
  556. 23:58represent presed Johnny Depp and his
  557. 23:59defamation case fellow of the American
  558. 24:02College of trial lawyers Ben Chu welcome
  559. 24:04to all of you let's um start Paul out
  560. 24:07with you what what's your take on the
  561. 24:10significance or LA or maybe no
  562. 24:12significance of this duct tape and the
  563. 24:14fact that the judge is saying fine go
  564. 24:16ahead and test it you know I definitely
  565. 24:18think this is giving him an opportunity
  566. 24:20that he didn't have before obviously
  567. 24:22testing has improved in the last 20
  568. 24:24years I do have some concern obviously
  569. 24:26we know that um there was water that she
  570. 24:29was submerged so I don't know if any of
  571. 24:31the DNA would have held up but I think
  572. 24:33this is a chance for him a definite win
  573. 24:35for the Innocence Project um and as you
  574. 24:37discussed earlier I think if there is
  575. 24:39results that are found on that piece of
  576. 24:42duct tape then I think the judge is
  577. 24:44going to be more likely to expand what
  578. 24:46can be tested uh there was 17 items that
  579. 24:50they requested they gave their reasoning
  580. 24:52and what they thought those items would
  581. 24:55prove or or how they could help solve
  582. 24:58who actually committed this crime and I
  583. 25:00think if if they win on the duct tape I
  584. 25:03definitely think the Judge would
  585. 25:05reconsider testing all of those items
  586. 25:07and I do think that would warrant a new
  587. 25:09trial if especially if a DNA match is
  588. 25:12hit in codus and there is a person out
  589. 25:14there I definitely think that would be a
  590. 25:16strong argument for the Innocence
  591. 25:17Project to make ber AR what if what if
  592. 25:20uh under that scenario there is no hit
  593. 25:22and it's just all right some stranger
  594. 25:25DNA that actually might help Peterson
  595. 25:27because if it hits in cotus and that
  596. 25:29person is investing well I I lived in
  597. 25:32you know uh New York during that period
  598. 25:34of time it might be a dead end the
  599. 25:36unknown might help him too if in if
  600. 25:38indeed it comes back absolutely so it's
  601. 25:41all going to fall down to what the
  602. 25:43results of that testing is going to be
  603. 25:46because what if they do test more pieces
  604. 25:48of that duct tape and they find that
  605. 25:50there is no DNA profile that can be
  606. 25:53developed so therefore then it leaves
  607. 25:56the case exactly where we started so
  608. 25:58with the same conviction because nothing
  609. 26:00has changed however if they find the DNA
  610. 26:03profile of another individual whether
  611. 26:05they're able to match it to a person or
  612. 26:07not match it to someone else it still is
  613. 26:10a piece of exculpatory evidence and it's
  614. 26:13something that would have change the
  615. 26:15outcome of the trial and he will be
  616. 26:17entitled to a new trial for now we just
  617. 26:19have to wait and see what the results of
  618. 26:21this testing is going to be of course it
  619. 26:24gives Scott Peterson some hope
  620. 26:26unfortunately for the family I'm sure
  621. 26:27that on pins and needles because they
  622. 26:29may have to relive this trial again if a
  623. 26:32new trial is granted yeah they have um
  624. 26:35been through so much um and continue
  625. 26:38this keeps coming up Ben why does it
  626. 26:39keep coming up why is peacock interested
  627. 26:41Netflix is also doing a um a limited
  628. 26:44series on this coming out later this
  629. 26:46year what is it about this case that has
  630. 26:50uh just enduring
  631. 26:54attention Ted it's a great question it
  632. 26:57it really captured the the imagination
  633. 26:59of of people 20 years ago and when I
  634. 27:02first saw that you were doing this
  635. 27:03segment I I it was a hard hard for me to
  636. 27:06believe that it really was that long ago
  637. 27:08but it was a high-profile case there and
  638. 27:12you know a few people or some people
  639. 27:15seem to have some doubts so this gives
  640. 27:18him um at least a a small Ray of
  641. 27:20potential hope Paul what do you think of
  642. 27:23him doing this interview on the um
  643. 27:26documentary coming out on peacock
  644. 27:29as a defense attorney that makes me so
  645. 27:31extremely nervous especially seeing the
  646. 27:34clips from the last two interviews that
  647. 27:36you played in your last segment he did
  648. 27:38not do well in those interviews those
  649. 27:40interviews did not help him at all um so
  650. 27:43if his Manner and demeanor like so
  651. 27:46laidback that it was almost creepy is
  652. 27:49how it's going to be this time I I think
  653. 27:51it will hurt him also if he is so sure
  654. 27:54that there is going to be evidence
  655. 27:55that's going to get him a new trial it
  656. 27:57is not a good idea to put yourself in
  657. 28:00front of the world in these interviews
  658. 28:02when a jury is going to be deciding your
  659. 28:04fate I think it's a bad move yeah during
  660. 28:07I did one of those interviews that we
  661. 28:09just saw clips of that not the ding
  662. 28:11Story one the other one the uh obviously
  663. 28:13Bernarda and he was in control he made
  664. 28:16us take our shoes off we came into his
  665. 28:18house and it was very like yeah 15
  666. 28:20minutes just one light um take your
  667. 28:23shoes off and my you know photographer
  668. 28:24and I like all right take our shoes off
  669. 28:26and uh it was and he had this weird
  670. 28:29confidence they tested him during the
  671. 28:32trial with some mock interrog you know
  672. 28:36mock cross and it was decided no way
  673. 28:39this guy's not getting up on the witness
  674. 28:41stand uh do you agree with pet Bernardo
  675. 28:44this this is a bad idea on some level
  676. 28:46especially given the momentum of the LA
  677. 28:48Innocence Project now taking on his
  678. 28:50case exactly if I was Scott Peterson's
  679. 28:53attorney I would definitely recommend
  680. 28:55against him given any interview because
  681. 28:58number one we have to wait and see
  682. 28:59what's going to happen with this testing
  683. 29:01of this piece of tape also if there is
  684. 29:04the chance of a new trial even if Scott
  685. 29:06Peterson does not testify any interview
  686. 29:10that he has given and does give can
  687. 29:13still be used against him a prosecutor
  688. 29:15can still put that forth in front of a
  689. 29:18jury to show his demeanor the type of
  690. 29:20person he is or if he inculpates himself
  691. 29:22in any way also with the new testing we
  692. 29:25don't know what other new evidence can
  693. 29:27come about it and he doesn't know the
  694. 29:29answers to it so for him to open up this
  695. 29:31can of worms is not recommended Scott
  696. 29:34Peterson shouldn't be giving any more
  697. 29:35interviews at all let things play out
  698. 29:38let's see the finality of all these
  699. 29:40appeals that he's making before he
  700. 29:42decides he wants to give interviews and
  701. 29:44then also is he even making money off of
  702. 29:46this because usually in majority of
  703. 29:48States you can't profit off your crime
  704. 29:50so there's no incentive for him to give
  705. 29:53these
  706. 29:53interviews yeah um all that will
  707. 29:55eventually come out it always does uh
  708. 29:57we'll have to to see again that um that
  709. 30:00limited series on peacock debuts in uh
  710. 30:03August end of August oh it is August so
  711. 30:05yeah coming up a couple weeks

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