Scott Peterson asks for murder conviction to be tossed, citing 'substantial new evidence'

Lawyers for Scott Peterson filed a petition on Monday which they say contains evidence showing the 52-year-old didn't murder his unborn son and wife in 2002.

The Los Angeles Innocence Project, which has taken on Peterson's case, filed a writ of habeas corpus on Monday which the group claimed in a press release contains "substantial new evidence." Peterson's lawyers claimed in the petition Peterson's rights to due process and a fair trial were denied during his 2004 trial, arguing his conviction should be overturned.

"This …Writ of Habeas Corpus presents new evidence that was not available at the time of trial, supports Petitioner’s claim of innocence, and shows he was wrongfully convicted," the petition filed on Monday states. "This new evidence undermines the prosecution's entire circumstantial case against Petitioner, and shows that the jury relied on false evidence, including false scientific evidence, to convict him."

Peterson's lawyers argued in the filing that the case against him was "entirely circumstantial," adding that "no direct, physical or forensic evidence was found supporting any part of the prosecution’s theory, or otherwise implicating Petitioner." 

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Scott Peterson and Laci Peterson in a still photo appearing in the forthcoming docuseries, "American Murder: Laci Peterson." (Courtesy of Netflix)

Scott Peterson, seated, speaks to attorney Pat Harris during a break in a hearing at the San Mateo County Superior Court in Redwood City, Calif., Friday, Feb. 25, 2022. Peterson’s chance for a new trial in the murder of his pregnant wife 20 years ago hinges on whether a California juror who helped convict him was biased. (AP Photo/Jeff Chiu, Pool)

Peterson was found guilty in 2004 of murdering his wife, Laci, and of second-degree murder in the death of the couple's unborn son, Conner. Laci Peterson disappeared from the couple's Modesto, California home on Christmas Eve in late 2002. A pedestrian found her unborn son's body, decomposed at the time, in the San Francisco Bay in April 2003.

Lawyers argued in Monday's filing that jurors didn't hear evidence which they think would have impacted the trial's outcome and accused prosecutors of potentially destroying evidence.

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Convicted killer Scott Peterson appears in court on Wednesday, Mary 29, 2024. He is attempting to get a new trial. (KTVU)

"Every aspect of the prosecution’s theory as to how the crimes in this case were committed has now been shown to be false," the petition states. "The new evidence set forth in this Amended Petition shows that the prosecution’s entire theory of the case was wrong...In some cases, no one individual error is prejudicial enough to warrant relief, but when there are a number of constitutional or statutory violations, the court will conclude that the errors, cumulatively, undermine confidence in the conviction and warrant relief. That is certainly the case here…All of this new evidence is more than sufficient to state a prima facie showing of Petitioner’s innocence."

Scott Peterson listens during a hearing at the San Mateo County Superior Court in Redwood City, Calif., on Feb. 25, 2022. (AP Photo/Jeff Chiu, Pool)

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The Los Angeles Innocence Project picked up Peterson's case in January. The group's mission is to defend individuals it believes were wrongly convicted.

Fox News' Michael Lundin and Audrey Conklin contributed to this report.