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Judge in Scott Peterson Case Agrees to Retest Only One Piece of Evidence (DETAILS)

Scott Peterson's defense team previously said the evidence could prove another perpetrator was responsible for Laci's killing.

By Cydney Contreras

Scott Peterson's team continues to fight for their chance to clear his name in the 2004 murders of his wife, Laci Peterson, and their unborn son, Conner.

At a Wednesday, May 29 court hearing in Redwood City, Calif., attorneys for Peterson argued that numerous pieces of evidence collected during the investigation should be retested with new and improved DNA technology. 

Prosecutors fought against the request, writing in a previous counter motion that the evidence has already been tested in 2013 and nothing came of it.

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Prosecutor David Harris added in court Wednesday that Peterson's team is seeking a "do-over" of the trial, which would put Laci's family through unnecessary stress, according to the Los Angeles Times. "We were right then and we are right now, and … [it] is inappropriate for the defense to continue to try and find the things to drag this case out,” Harris said, CNN reported.

Ultimately, San Mateo County Judge Elizabeth M. Hill agreed to retesting for one piece of evidence, but denied the defense the opportunity to test other items, including a bloodied mattress that was found in a van used during a burglary in the Peterson's neighborhood around the time Laci went missing from their home.

The Duct Tape

The single piece of evidence that will undergo a new round of testing is a strip of duct tape that was found on Laci's pants when her remains were recovered from the San Francisco Bay. "A section of the duct tape that was folded over onto itself underwent DNA testing and the presence of human DNA was found, but no DNA profile could be obtained," Peterson's team wrote in their motion requesting additional tests. 

An additional hearing is scheduled for July to go over the details of the new DNA test.

Peterson's Ongoing Bid to Clear His Name

Peterson's made repeated efforts to have his conviction in the murders of his wife, Laci, and unborn son, Conner's, murders. Last December, an appeals court denied his request to have a retrial after it was discovered that a juror had failed to disclose that they were involved in an incident of domestic violence. 

“The Court concludes that Juror No. 7’s responses were not motivated by pre-existing or improper bias against Petitioner, but instead were the result of combination of good faith misunderstanding of the questions and sloppiness in answering,” Superior Court Judge Anne-Christine Massullo wrote in her 55-page decision.

Peterson continues to serve a life sentence without the possibility of parole at the Mule Creek State Prison in Ione, California.

He was originally handed a death sentence which was later reduced to life in prison without the possibility of parole after a Superior Court found that jurors were not properly screened for bias before they decided on his sentence.