Scott Peterson: The New Evidence That Could Change Everything — Transcript
Full transcript
- 0:00Hey everyone, I'm Anna Emerson, and this
- 0:02is Criminally Obsessed. [music] 23 years
- 0:04later and the case that made so many of
- 0:06us absolutely obsessed with true crime
- 0:09is back. And this time the question
- 0:11isn't whether Scott Peterson was
- 0:12convicted. It's whether he was convicted
- 0:15fairly. A brand new two-part A&E
- 0:18documentary, Scott Peterson: The New
- 0:20Evidence, is dropping now. And it
- 0:22follows the Los Angeles Innocence
- 0:24Project [music] as it argues there's new
- 0:26evidence that could exonerate Scott
- 0:28Peterson.
- 0:29>> It's one of the most famous [music]
- 0:30cases in this country's history. And now
- 0:33the Los Angeles Innocence Project is
- 0:35putting [music] forward new scientific
- 0:36evidence that suggests that Scott
- 0:39Peterson is absolutely innocent.
- 0:41>> Now, let's rewind for a second. On
- 0:43Christmas Eve 2002, Laci Peterson, eight
- 0:46months pregnant with her son Conner,
- 0:48vanished from her home in Modesto,
- 0:50California. Months later the bodies of
- 0:52Laci and Conner were recovered on the
- 0:55shores of the San Francisco Bay. Scott
- 0:57Peterson was convicted of murdering them
- 1:00and is serving life in prison. But he's
- 1:02never stopped insisting
- 1:04>> [music]
- 1:04>> he's innocent. Joining me is Chris
- 1:06Pixley. He's a veteran defense attorney,
- 1:09ABC [music] News legal analyst, and one
- 1:11of the experts featured in this A&E
- 1:13documentary. Chris has followed this
- 1:15case since day one of [music] Laci's
- 1:17disappearance.
- 1:18>> This is the kind of evidence that
- 1:19changes cases.
- 1:21>> What's fascinating is he doesn't just
- 1:23sit in a studio and talk about it. He
- 1:25takes us [music] back to the scene,
- 1:27retraces the investigation, and starts
- 1:29poking holes in the case. Honestly, he
- 1:32had me questioning things that I thought
- 1:33I'd settled long ago about [music]
- 1:35different timelines, 15 new witnesses,
- 1:38and groundbreaking technology that shows
- 1:41Laci's body had to have been dumped
- 1:44[music] from land.
- 1:45>> If any of them are right, then Scott
- 1:47Peterson had nothing to do with her
- 1:48disappearance.
- 1:49>> Does that mean Scott Peterson is
- 1:51innocent? No. But it does make you stop
- 1:53and ask [music] whether every lead was
- 1:55followed, every assumption was
- 1:57challenged, and whether the Los Angeles
- 1:59Innocence Project may have uncovered
- 2:01something worthy of taking another look.
- 2:04Be sure to like and subscribe. We're
- 2:06following all the cases that you're
- 2:07obsessed with. Now, let's get into it.
- 2:15Chris, I have to say, like, this is
- 2:19Can I use the word bombshell? I don't
- 2:21know. You know,
- 2:23I'm It's amazing. Like, the work you're
- 2:25doing on this documentary is really,
- 2:26really impressive. So, first of all,
- 2:28like, I really enjoyed it.
- 2:30>> Do I think that we'll be able to answer
- 2:31the question whether Scott Peterson is
- 2:34guilty or innocent?
- 2:36I think we're going to get a lot closer
- 2:38than anyone ever has.
- 2:40>> Do you think he did it?
- 2:41>> I I think the evidence is um
- 2:45is really
- 2:47>> Sorry.
- 2:47>> overwhelming [laughter] against the
- 2:48state. No, it's a fair Everyone wants to
- 2:50ask that question. I I, you know,
- 2:52the lawyer's answer that no one likes is
- 2:54the fact that what's being tested here
- 2:55is whether he received a fair trial. I
- 2:57have absolutely no hesitation in saying
- 2:59to you that for the litany of reasons
- 3:02that we've been able to demonstrate,
- 3:03thanks to the work of the dedicated
- 3:05people at the Los Angeles Innocence
- 3:07Project, it's it's really undeniable. He
- 3:08didn't
- 3:09His constitutional rights were violated.
- 3:11He was deprived of the right to fair
- 3:13trial. On the question of Did he Did he
- 3:15do it? 1/3 of all these crimes are
- 3:17committed by an intimate partner. That
- 3:19means two out of three times it happens
- 3:20somebody else is in is involved and
- 3:22responsible. Um there's a burglary that
- 3:25happened in the house across the street.
- 3:27These are tiny little homes with little
- 3:29front yards. Uh you know, you could
- 3:31throw a baseball from your front front
- 3:33porch uh to your neighbor without any
- 3:36any difficulty at all. And Laci's the
- 3:38kind of person uh that everyone says
- 3:40would have confronted someone if she saw
- 3:42them committing a crime across the
- 3:43street. So, that that's that's enough
- 3:46for me to say that
- 3:48that Scott's deserving of a new trial,
- 3:49and the the is deserving of a complete
- 3:51re-examination and that's that's top top
- 3:54to bottom looking at the state side as
- 3:56well as the defense side and that's what
- 3:57we tried to do.
- 3:58>> What was it like to to delve back into
- 4:00this? I mean,
- 4:02this is this is a
- 4:04this case you had to really go into your
- 4:06file cabinet in your mind.
- 4:07>> I've been
- 4:09an ABC News legal correspondent all
- 4:11these years. I was at the time of Lacy
- 4:13Peterson's disappearance.
- 4:15I you know, I
- 4:17back then I would I spent my evening on
- 4:19Larry King Live
- 4:21going toe-to-toe with Nancy Grace over
- 4:23this particular case. So I thought that
- 4:25I knew it.
- 4:27I really thought I knew the case.
- 4:29And what the Los Angeles Innocence
- 4:31Project demonstrated is that I I didn't
- 4:33know the half of it.
- 4:36And and and we really wanted to look at
- 4:38all sides of it. So of course we went
- 4:39out and and met with independent
- 4:41experts, some of the best in the
- 4:42country. And what was amazing about it
- 4:44is that as groundbreaking as we thought
- 4:47the new evidence was, when we would meet
- 4:49with independent experts who had no
- 4:53no involvement in the case, no dog in
- 4:55the hunt whatsoever, they would point
- 4:56out
- 4:58more things to us than even the LAIP had
- 5:01had had pled. We tried to look at it
- 5:02from from the state's side, we tried to
- 5:04look at it from Scott Peterson's side.
- 5:07In almost every case when we would sit
- 5:09with experts and they would point things
- 5:11out to us that weren't in the in even in
- 5:13the filing, it supported what the Los
- 5:15Angeles Innocence Project was saying
- 5:17about the case, which is that you know,
- 5:19the new evidence changes the narrative
- 5:21completely.
- 5:22>> How did the LA Innocence Project get
- 5:24involved? Do you know?
- 5:25>> First of all, they were contacted by the
- 5:26Peterson family, but
- 5:29the LA Innocence Project gets
- 5:32requests
- 5:35by the thousands on a daily basis from
- 5:38prisoners and prisoners' families who
- 5:40want their cases reviewed. And they only
- 5:42take the most meritorious cases and they
- 5:44only take cases that they believe meet
- 5:46the California actual innocence
- 5:48standard. They are So, they only take
- 5:50cases that they believe that they can
- 5:51prove actual innocence in. So, for them,
- 5:54it's one thing that for them to get the
- 5:55request to take the Peterson case, you
- 5:58know, with this maligned figure, it's
- 6:00another thing for them to go out and do
- 6:02a 2-year investigation and come to the
- 6:04conclusion which they absolutely believe
- 6:06in in his innocence.
- 6:07>> Just a fresh set of eyes looking at at
- 6:10cases at old cases can can move the
- 6:14needle.
- 6:14>> When you talk about a fresh set of eyes,
- 6:16you're so right because
- 6:18um one of the things that the series
- 6:19shows
- 6:20among many is that, you know, there's
- 6:22this burglary that occurs across the
- 6:24street from the Peterson home. People
- 6:26have from time to time
- 6:28heard a bit about it. What they don't
- 6:30know is how how the evidence from that
- 6:34crime was physically destroyed by the
- 6:36police.
- 6:38Uh what they don't know is that while
- 6:39the police said immediately from the
- 6:41jump it's unrelated to Laci Peterson's
- 6:43disappearance, this burglary occurred on
- 6:45December 26th, the day after Christmas,
- 6:47she went missing the day before.
- 6:49Uh we're able to show live interviews
- 6:53being conducted
- 6:55uh in by local [clears throat] media
- 6:56with news trucks up and down the street
- 6:58the morning early morning of in the dark
- 7:01of December 26th. You couldn't get a
- 7:04parking place in across the street from
- 7:06the Peterson's house because there were
- 7:07news trucks there. And if you came to
- 7:09haul out of that home uh safes with cash
- 7:12in them and all kinds of other household
- 7:15items that were stolen from the Medina
- 7:17home, you wouldn't have been able to do
- 7:19it in front of all the news crew. So,
- 7:21that's the kind of thing that a fresh
- 7:22set of eyes
- 7:24brings out and then everybody says,
- 7:25"Well, yeah, of course." Okay, so that
- 7:27crime didn't happen
- 7:29uh on the day after Christmas, it
- 7:30happened the day before Christmas and
- 7:32that's the day Laci went missing. Um you
- 7:35know, it's the same the same is true
- 7:36with the eyewitnesses who
- 7:38um we've heard about through the years,
- 7:40but the police didn't investigate
- 7:41because it didn't fit their theory.
- 7:43>> And you have new information coming out
- 7:45in this documentary about how the the
- 7:48eyewitness accounts specifically were
- 7:51handled.
- 7:52Um especially considering that there
- 7:55could have there was a burglary across
- 7:58the street.
- 7:59Now we've got we got new timelines, but
- 8:02now there's like a whole new way of
- 8:04looking at it.
- 8:05>> There were 15 eyewitnesses who saw her
- 8:07walking her dog on the day of her
- 8:09disappearance. Um
- 8:11almost all of them placed her walking
- 8:13her dog at a time after Scott Peterson
- 8:15had already left for the San Francisco
- 8:17Bay. If any of them are right, then
- 8:20Scott Peterson had nothing to do with
- 8:21her disappearance. One of the things
- 8:22that you learn immediately is that these
- 8:24eyewitnesses um
- 8:27they weren't looking for attention. Most
- 8:29of them recognized in the early days
- 8:31after her disappearance that
- 8:33witnesses who were stepping forward, who
- 8:35had seen her or had seen the dog, were
- 8:38getting really bad treatment in in the
- 8:40media. It it it almost immediately
- 8:42didn't fit the media narrative,
- 8:45um and that's because
- 8:46uh the Modesto police were have giving a
- 8:48daily press conference, and they were
- 8:50talking about things like
- 8:52uh um the search warrant that they were
- 8:54executing on the Peterson home, which
- 8:56they made sound in the very early days
- 8:58as though it was producing all kinds of
- 9:01evidence for them. It only came around
- 9:04at the time of trial that we that we
- 9:05learned, no, they didn't get any
- 9:07evidence from any of the search warrants
- 9:09that they executed on the home. We were
- 9:10led to believe very early on, the
- 9:13public, that this case is it it
- 9:16is really pointing itself towards Scott
- 9:19Peterson. And so eyewitnesses weren't
- 9:21comfortable, and these are just salt of
- 9:22the earth people. So to go meet with
- 9:24them and to talk with these people about
- 9:27what they saw, um it it was fascinating.
- 9:31>> Well, so now we get to get into the
- 9:33nitty-gritty of this a little bit,
- 9:35Chris, because these notes they were
- 9:37notes that when
- 9:39um Scott Peterson actually launched his
- 9:41boat into the water and and who knew
- 9:44about this boat and how this boat came
- 9:46into play for the prosecution.
- 9:49Yet now you're going to be able to shine
- 9:51some light on who actually knew about
- 9:54this boat to begin with, which I guess
- 9:55was a major sticking point in the first
- 9:57trial.
- 9:58>> It is and you and you hit on something
- 10:00that not a lot of people are hitting on,
- 10:01which is
- 10:02that this storyline that the prosecution
- 10:05maintained throughout the entire case.
- 10:07They talked about it in their opening
- 10:09and they talked about it in the closing.
- 10:10They said, "Look, Scott Peterson
- 10:12secretly purchased this boat. It was not
- 10:15known to Lacy's family. It was not known
- 10:16to Lacy and he and he kept it secret
- 10:19because he intended to use it to for the
- 10:21commission of this this crime."
- 10:24And only in the in the past couple of
- 10:26years, out of nowhere, have these notes
- 10:29that were taken from the Peterson home
- 10:32during one of the the executions of one
- 10:34of the search warrants, these posted
- 10:36notes
- 10:37with handwriting from phone calls to
- 10:39marine supply stores
- 10:42pricing things like anchors for for a
- 10:45boat. The state,
- 10:47though they have no explanation for why
- 10:49they never turned that that evidence
- 10:51over to the defense for all of these
- 10:52years, argues that even if it's Lacy's
- 10:56handwriting on those notes, while she
- 10:58had an nautical theme for for Connor's
- 11:02bedroom and that's all that that is
- 11:05is is related to. She wasn't buying
- 11:10live weighted anchors to hang over the
- 11:12crib. It It makes no sense to make that
- 11:15kind of argument. Actual physical
- 11:18anchors, the 50-lb type. You don't that
- 11:20they don't belong in the corner of
- 11:24a toddler or baby's room. They don't
- 11:27have any place around children. They've
- 11:29got sharp edges and all the rest.
- 11:31But it was something that was needed for
- 11:33Scott Peterson's boat. Um, and that that
- 11:36evidence of course was not shared with
- 11:37the defense. Um, the state made this
- 11:40argument throughout the entire case. It
- 11:42was it was part of their mens rea
- 11:43argument that this
- 11:45this was intentional and pre-planned.
- 11:47Um,
- 11:48uh, and and that's just all blown up,
- 11:51but it takes forensic document examiners
- 11:53which I've used
- 11:55many times in my cases, um, to to look
- 11:58at these notes and be able to make the
- 12:00comparisons in the handwriting. And the
- 12:01comparisons here are are are stark. Um,
- 12:05the differences between Scott Peterson's
- 12:07handwriting, he writes in all capital
- 12:08little blocks, writes in this tiny
- 12:10little print, and Lacy Peterson's
- 12:12handwriting which uh, which the hand our
- 12:15own independent handwriting analyst was
- 12:16able to compare to samples of her
- 12:19writing. Um, they jump off the page.
- 12:21It's it's it's her writing and so, um,
- 12:23it's evidence that she knew about the
- 12:25boat.
- 12:26>> The technology that you were able to use
- 12:29in this case as far as where they
- 12:32believe Lacy would Lacy's body would
- 12:36have been put into the bay.
- 12:38Um, talk to me about why this is going
- 12:43to completely change the way we look at
- 12:46this case.
- 12:47>> We now have modern science. It didn't
- 12:49exist at the time. Delft 3D technology.
- 12:52We're able to analyze the wave patterns.
- 12:55We have historical information and
- 12:57ultimately the new science shows that
- 13:00Lacy Peterson's body was likely placed
- 13:01in the bay from a land based location,
- 13:04not anywhere near where Scott Peterson
- 13:05was. And so, you
- 13:08um, it demonstrates that the that the
- 13:10testimony was false, but uh, it also
- 13:13wrecks the prosecution's theory that
- 13:15Scott
- 13:17took her out on a boat and dumped her.
- 13:19Expert testimony uh, in criminal trials
- 13:22is critically important. I One of the
- 13:24things that it does for the jury is it
- 13:27gives them permission to
- 13:29arrive at the conclusion that their
- 13:32their guts telling them to arrive at.
- 13:34So, if you have great reservations about
- 13:37Scott Peterson on the basis of his his
- 13:40short-term 2 and 1/2-week relationship
- 13:42with Amber Frey, and if you actually
- 13:43think that that motivated him to murder
- 13:46his wife and his unborn child, an expert
- 13:49witness coming along and saying Lacy
- 13:52Peterson's body was placed in the bay at
- 13:55the exact location that Scott Peterson
- 13:57was
- 13:58uh south of Brooks Island on the day of
- 14:00her disappearance, that matters to a
- 14:03jury. Of course, the state's expert was
- 14:06asked to look at where the bodies were
- 14:07found on the Richmond shoreline and
- 14:10reverse engineer it, backtrack to where
- 14:12they would have been placed in the bay
- 14:13using tides. The state brought a
- 14:15hydrologist expert to that question.
- 14:18That's the right kind of expert, but in
- 14:20that space that he was asked to do that
- 14:22analysis
- 14:24uh with the technology that was
- 14:25available at the time, he couldn't.
- 14:27>> Well, so there was a level of this is
- 14:30our guy, this is the story we're going
- 14:33with. You believe that level of
- 14:35confirmation bias just never left the
- 14:38case?
- 14:39>> You saw it in the series, I think we um
- 14:42we talked to Mark Godsey, and he's an
- 14:44expert in confirmation bias, and he's
- 14:46written about this case. And I asked
- 14:48one particular question
- 14:50where he and I were sort of in a debate,
- 14:52which is
- 14:53at some point when you start destroying
- 14:55evidence. Um and you're criminal
- 14:57investigator who believes you wear the
- 14:58white hat, you believe you've got your
- 15:00man, you believe that this uh
- 15:02confounding evidence that's inconvenient
- 15:05and doesn't and points away from your
- 15:06guy, um
- 15:08it can't shouldn't be relied upon, but
- 15:10at some point when you start destroying
- 15:11that evidence or withholding it from
- 15:13from the defense, which you know to be
- 15:15illegal, you have to be you have to know
- 15:18what you're doing. And Godsey says, "No,
- 15:20this is how strong confirmation bias
- 15:22is." Then they believe that they're
- 15:23doing the right thing right down to
- 15:25withholding of exculpatory evidence. It
- 15:28was really fascinating to have that that
- 15:30discussion that you can be that your
- 15:32mental approach to a case can really be
- 15:34hijacked by confirmation bias. And that
- 15:36seems to have really And And you have to
- 15:38remember And And in fairness to the
- 15:40Modesto police, they were under the
- 15:42spotlight.
- 15:432002 and to And early 2003 is nothing
- 15:47like it is the world is today. Um
- 15:50television news and print news was all
- 15:53that existed. What you do to your giant
- 15:57audience didn't exist at the time. And
- 15:59so they were under the spotlight with
- 16:01television cameras and newspapers
- 16:03reporting on their every move every day.
- 16:05And so that that adds an enormous amount
- 16:07of additional pressure on top of the
- 16:09aggrieved family and everyone else
- 16:11wanting you to get your your man. So you
- 16:13understand how it happens.
- 16:14>> But is there any other evidence right
- 16:16now that you think is is going to really
- 16:18move the needle
- 16:19and get and and possibly get Peterson a
- 16:22new trial?
- 16:23>> There's There are two important pieces
- 16:25of new scientific evidence. One of them
- 16:27we talked about in terms of where Laci
- 16:28Peterson's body was actually placed in
- 16:30the bay. The other one has to do with
- 16:32Conner Peterson's body. It's separated
- 16:35from Laci Peterson's body. There was a
- 16:37storm on April 14th. Uh her her body and
- 16:40Conner's bodies were found a couple of
- 16:42days later on the shoreline. Uh
- 16:45the science that that existed at the
- 16:47time
- 16:48with ultrasound and cross-sectional
- 16:50studies that was used to try to date and
- 16:54age a child um
- 16:56was so removed from the longitudinal
- 17:00studies, the gold standard science that
- 17:02exists today for determining the age of
- 17:05a child in in utero. And what all of the
- 17:08experts say is that the likelihood is
- 17:11that Conner Peterson
- 17:13died, meaning that Laci Peterson died,
- 17:16sometime between 4 days and 2 weeks
- 17:19after Laci went missing. If Conner
- 17:22Peterson is still alive
- 17:24after December 24th and Scott Peterson's
- 17:27not involved in Laci's disappearance.
- 17:29And so these are I mean
- 17:31this is the kind of evidence that
- 17:33changes cases forever.
- 17:35>> Well, Chris, I mean what is it going to
- 17:37take to get him a new trial? I mean
- 17:39is is that is that where we're headed? I
- 17:41mean
- 17:42do you believe that? Do you believe that
- 17:44that's possible?
- 17:45>> New science
- 17:47is critical to our fair trial rights. It
- 17:51will continue up the chain to the
- 17:53California Supreme Court or and and
- 17:55potentially to the federal courts. This
- 17:57evidence, what I'm saying is it's going
- 18:00to be reviewed and it's going to be
- 18:01reviewed at at the highest level. And
- 18:04and the evidence that the Los Angeles
- 18:05Innocence Project has already brought to
- 18:06bear. It hasn't even been reviewed by a
- 18:08court yet. It it it's going to change
- 18:11the narrative.
- 18:12>> Um is it going to change the public
- 18:14opinion? I mean and who I mean and and
- 18:16who cares? I mean like I understand like
- 18:18this was we're not trying this in the
- 18:20court of public opinion, but I mean you
- 18:22have to admit like this is one of this
- 18:24guy really became one of the most hated
- 18:26husbands in the world.
- 18:28>> I represented Eric and Lyle Menendez
- 18:31for 10 years of my career
- 18:34and one of the things when I was
- 18:36handling Eric's habeas petition, one of
- 18:39the things that he and I talked about
- 18:40consistently was the fact that it was
- 18:42going to be very hard to get relief
- 18:45without changing the narrative
- 18:47surrounding
- 18:48his case and Lyle's case. Fast forward a
- 18:52decade later and Ryan Murphy
- 18:55in his Monster series covers Eric and
- 18:58Lyle Menendez's case, changes the
- 19:01narrative and now they're parole
- 19:03eligible. So
- 19:04it I think it does start.
- 19:07What lawyers do is incredibly important.
- 19:10But um, you know, it's ultimately human
- 19:12beings. It's the public, uh, it and and
- 19:15it's, uh, judges and and members of the
- 19:19public that make the final decision
- 19:21about these cases. And so, that's why,
- 19:22you know, this this series, I think, is
- 19:24the first step in really changing the
- 19:25narrative. Uh, it happened in the
- 19:27Menendez case. I, you know, I worked
- 19:29that case for a long time. I think this
- 19:32series is the first step and and it's
- 19:34all based on the work of the Los Angeles
- 19:35Innocence Project. But, um,
- 19:37uh, I think it's it's going I I think
- 19:40the narrative is changing.
- 19:41>> Do you believe that whoever is
- 19:43responsible,
- 19:45um, if it isn't Scott Peterson, will be
- 19:47held responsible for what happened to to
- 19:50Lacy and her her son?
- 19:52>> Yeah, I I think that the the new science
- 19:55is pointing, uh, all of us,
- 19:58uh, more and more narrowly toward what
- 20:00actually happened in that
- 20:03that 12 to 24-hour
- 20:05period of time. Um, so, I I
- 20:08not only do I think that uh, Scott
- 20:11Peterson's rights are uh, are going to
- 20:14be fairly reviewed,
- 20:16um,
- 20:17but I and and the evidence in this case
- 20:19fairly reviewed. But, I I think that
- 20:22what's happening here matters for all of
- 20:23us. It matters that we can count on
- 20:27police and prosecutors to turn over
- 20:30every stone in their investigation. Um,
- 20:34the idea that in in this case, um,
- 20:37evidence was excluded and withheld and
- 20:40in some cases destroyed is something
- 20:42that doesn't just matter for Scott
- 20:44Peterson, it matters for for all of us
- 20:46because, uh, you know, but for the grace
- 20:48of God, any one of us can find ourselves
- 20:50in that situation. So, whether you like
- 20:52Scott Peterson or you don't like Scott
- 20:54Peterson, whether you think he's guilty
- 20:55or not, the larger question of whether
- 20:57he got a fair trial, whether this was a
- 20:58fair investigation, whether confirmation
- 21:00bias invaded all of it, um, you know,
- 21:03whether police destroyed and withheld
- 21:05evidence that that they should not have
- 21:06is something that everyone should be
- 21:08interested in.
- 21:09>> Drop a comment below. I want to hear
- 21:11what you're thinking about this case.
- 21:12You know, we have been mulling it over
- 21:15and discussing it for 23 years. Do you
- 21:18feel like this new evidence is worthy of
- 21:21reopening the case? [music] And before
- 21:23you go, be sure to like, subscribe, and
- 21:26turn on your notifications. I don't want
- 21:27you to miss any of these cases that
- 21:29you're obsessed with.
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