Face to Face with Scott Peterson (2024) s01e03 Episode Script
Investigations, Appeals and Lingering Questions
[somber music]
Most murder cases
are circumstantial.
You don't get a smoking gun.
You take one of the
things, it's nothing.
Two or three, it's nothing.
But when you add them up,
it's pretty darn strong.
I never imagined that this thing
would still be percolating
20 years later.
[invigorating music]
I have questions about the case.
It's always bugged me.
I know people are really heavily
invested that Scott's guilty.
There is no evidence
of cause of death.
There is no evidence
of a crime scene.
Laci's already set the
table for Christmas brunch.
You're gonna travel 90 miles
away to test your boat?
I didn't buy it.
There isn't any evidence
that Scott Peterson
engaged in any violence
involving his wife.
If you open your
mind a little bit,
really consider
the investigation,
there are a lot of questions.
There have always been
a lot of questions.
When you know that the jury
ultimately still convicted him,
you have to ask yourself,
what's going on here?
They gave us, in my opinion,
no realistic alternate theory.
The information we were
given in that courtroom
only leads to the
decision we came up with,
which is he's guilty.
The police can't
get it this wrong.
The DA can't get it this wrong.
A jury can't get it this wrong.
The appellate process
can't get it this wrong.
The media can't
get it this wrong.
Is this the way criminal
justice works in America?
Here I am two decades later,
still trying to
solve this crime.
I'm still investigating.
I'm still looking at the
evidence, asking questions.
It's gonna be a fight for
them to accept the truth.
December 13, 2004.
People of State of California
versus Scott Peterson.
We, the jury, fix
the penalty at death.
[dramatic music]
And in a case that
became something of
a national TV
obsession, a judge today
formally sentenced
Scott Peterson.
In spite of all the
pain and passion
expressed in court today, one
person showed no emotion
Scott Peterson.
During my trial,
I was indignant.
I was so angry at the
media, because the reports
just weren't factual.
I strived not to show any
emotion in the courtroom
because I didn't wanna, you
know, see them break me.
♪
[indistinct chatter]
When Scott was
moved to death row,
we made every effort to
get up there and visit him.
For the first eight years,
we had someone there every week.
Our family has really
been the glue for Scott
and for each other
through these
these hard times.
And just fortunate
that that's the case.
He would repeatedly say he
he was living visit to visit.
It was his lifeline.
[cell door clangs]
[suspenseful music]
♪
[birds chirping]
Sitting through Scott's trial
and then spending years
combing over police reports,
reading appellate documents,
talking with lawyers,
our family had
kind of been tethered
to the legal community
for 17 years.
My kids were grown.
Ultimately, I made the
decision to go to law school.
I certainly never have felt
like I needed to become
a lawyer to help Scott.
But I think now
that I am a lawyer,
I certainly have a much
better understanding
of the case and the issues.
If Scott is granted a new trial,
we'll be able to take more
steps in the investigation.
We'll be able to call
people to court to testify.
We have an incredible
support system,
an incredible team of
people who know this case
and help our family.
And without them, we
wouldn't be where we're at.
And without Mike Gudgell,
I don't know that
our investigation
would be where it's at.
[cheering]
I thought that the
trial was going to be
the arbiter of the truth.
And I don't think
that's accurate.
Most of the journalists
covered the story
from beginning to end, I
think expected a hung jury.
I don't know anyone
who isn't terribly
conflicted by the verdict.
It was troubling for
those of us who really
knew the case intimately.
Scott was convicted, but
there was no how, where,
when, even why.
Everyone involved in the
case contributed in some way
to a sort of a conspiracy
of circumstances
that led to the verdict.
Anybody who disagrees
with the verdict,
you have a right to disagree.
But if you weren't
there, you don't know.
A lot of media coverage,
so I think the jury
pool was partly biased.
Why did he leave his wife
alone, eight months pregnant,
on Christmas Eve to
go fishing by himself?
There was a tremendous
pressure on the media
to report every day.
And as a consequence,
particularly the tabloid press
would report rumors.
Was Scott Peterson
planning to hire hit men
to kill his wife, Laci?
Every evening, I would sit
and watch one of the shows
and I'd wanna throw
my shoe at the TV.
Initially, I spent a
year, year and a half
covering a case from
beginning to end.
I went on to do other things,
including covering the wars
in Iraq and Afghanistan.
But it always bothered me.
[unsettling music]
I don't really even think
the case was solved.
So when I got back from
covering the two wars,
I devoted as much time as I
could to digging more into
what might have
happened to Laci.
This is 2015.
The first thing I
had to do was get
the 50,000 pages of
documents and police reports.
And then I had to go
through those documents
and find what questions or clues
were buried in those pages.
There was dozens of
different tips that came in,
and I spent years
looking into those.
But it finally came down
to the burglary
across the street.
We have two people in custody.
We do not believe
that, at this time,
that there's any connection
with the missing of Laci.
[ominous music]
The police characterized
the Medina burglary
as kind of a meth addict, and
it was a crime of opportunity.
The Airport District was
sort of a high crime area
not far from Laci
and Scott's house.
And there was a larger effort
to burglarize houses
in that neighborhood.
I would call it a
criminal network.
I suspect that more
people were involved
in the burglary than Steven
Todd and Glenn Pearce.
This is just a working theory.
I haven't been able
to prove it yet.
And that comes to the
question of smoking gun.
But I think it's
much more complicated
than what the police believe.
Steven Todd and Glenn Pearce
admitted their involvement
with the Medina burglary,
telling the police
that the burglary
happened on December 27th.
When the police pointed out
to them that it couldn't have
happened on the 27th because
the Medinas were already home,
they changed their story
and said that the burglary
happened on the 26th.
It wasn't until much later
that people began to question
whether this burglary really
occurred on December 26.
We believe that Laci
encountered the Medina
burglary on December 24th.
At 11:40 a.m., Diane
Jackson saw three men
that were dark-skinned,
not African American,
in front of the Medina home.
So I think Steven Todd
shared information
about the Medina home
with people in the
Airport District.
It's their practice to
share targets like that.
It's possible that
three men in the van
were some of his
friends or accomplices.
So what likely happened is,
other people showed up to help.
The police have never
identified that van,
never identified the men
associated with the van.
And that van was parked
directly in front of the house
that was burglarized.
It's directly across the street
from Scott and Laci's home.
So this confrontation with
Laci could have involved
the people in the
van, not necessarily
Steven Todd and Glenn Pearce.
Steven Todd confessed almost
immediately to the burglary.
And I think that says something.
I think he was told, you're
gonna have to take the fall.
I mean, you know, there's
a confidential informant
that turned him in, so he was
gonna serve time regardless.
The burglary could have
occurred about the same time
Laci went for a walk.
It's possible that Laci
confronted the burglars
or saw the burglars,
or the burglars saw her
and were worried about whether
she would call the police.
So if you didn't kill
Laci, who killed Laci?
[ominous music]
We had a client who was innocent
but an entire world against him.
He's not capable of doing this.
And we truly believe that.
We also believe that that
the evidence backed us up on it.
To have a verdict of guilty
and then the death penalty,
no words can describe the
disappointment, the sadness.
It was a huge shock.
I thought, despite the
hatred towards Scott,
that they would actually
listen to the evidence
and they would base their
decision on the evidence
and only on the evidence.
Because I thought,
there's no evidence here.
There's no forensic
evidence, there's nothing
to tie him to the murder.
Our client didn't do it.
Nothing has changed since.
In fact, at this
point, years later,
there's more
exonerating evidence
that have come to light.
In my years of investigating it,
I investigated a lot of leads
and looked at all
possibilities
that Scott was involved
in a murder for hire,
Laci was abducted
for her unborn child.
Most of them have
been dead ends,
but a process of
elimination at this point.
And, you know, there
are a few things
that are left that
are promising.
And I think the most
important piece of information
is the van.
[tense music]
At the very beginning, police
were looking for a brown van.
And all the media was also
looking for a brown van.
A brown van could back up
a defense theory
Laci was abducted.
Numerous witnesses
reported seeing
a suspicious brown van in the
neighborhood that morning.
I noticed three people across
the street on the Medinas' lawn
and they were right
next to a van.
I always look around.
And I have never seen
a van like that before.
And so you saw the
van, coincidentally,
at the same time
you saw Laci? Or
Yes. No, no, same time.
There's some variation, but
there were three or four
witnesses who saw the same van
across from the Petersons',
next to the Medina home, on
the morning Laci disappeared.
And then I heard
about an orange van
that had burned in
the Airport District
the morning after
Laci disappeared.
Maybe that's our brown van?
Police recently took the
van to this crime lab,
examined it, and concluded
that the van was not
in any way involved
in the disappearance
of Laci Peterson.
I remember sort of, you know,
those internal instinctual
alarm bells going off that
there was something wrong
and that this sort of
feeling stuck with me.
So that's 2004.
And then fast forward
over ten years.
[suspenseful music]
Not believing everything I heard
either in the media
or the police,
I started following the leads.
I decided to look through all
the documents, 40,000 pages.
I started, on my own,
interviewing witnesses.
I went to interview
the owner of the van
where it was stolen, a
moving and rigging company.
And he told me that the
employees could take
some of the vehicles
home and he believed
it was kind of an inside job.
If it was an inside job, and
if employees were allowed
to take the van home for
the weekend or whatever,
they could have just
taken the van back
and no one would
have even known.
So I think very logical
that it was burned
to cover up a crime.
After that, I'm looking into
the criminal
community in Modesto,
and some of the names I'm seeing
are associated with
that burnt van.
The last person to drive it
definitely had a criminal
record, including burglary.
And a family member of
the owner of the van
was associated, a
friend of Steven Todd.
Steven Todd's wife's
sister lived in a house
right next to where the
burnt van was found.
The thing about the
Airport District,
it isn't that big of an area.
And to have a burned-out
van found near the relative
of one of the burglars
isn't anything, to me,
that would be
suspicious whatsoever.
Why now is this just coming up?
It seems interesting to me.
♪
I wanna show you the van.
So these are the six color
pictures I was able to get.
And to my knowledge,
are the only pictures
that remain out of possibly
over a hundred that were shot.
I found the three-
or four-page report
from Bryan Spitulski,
the arson investigator.
So I decided to
give him a visit.
And he looked at me and he said,
I've been waiting
ten years for someone
to come and ask
questions about this.
My name is Bryan Spitulski.
I've been a fire investigator
for almost 30 years.
In 2002, I was a
fire investigator
for Modesto City
Fire Department.
December 25th, the fire
came in for a vehicle fire
in an alleyway.
As I did my walk
around, I noticed
there was a mattress
in the back of the van
that was mostly
consumed by the fire.
And they put this round
gas can over the mattress,
I'm sure thinking that the gas
can would destroy the mattress.
But the metal gas can
actually protected this
foot-and-a-half
circle of mattress.
It was a little bit discolored,
but it wasn't burned at all.
It's kind of a grayish
off-white fabric
with rust-colored stains in it.
It looked like blood to me.
And I cut away a piece of that
fabric so we could understand,
was this just a rust color
or was this truly blood?
When we cut it away
and we stuck it
into the container that
had the luminol in it,
it went blue.
There's human
blood on that item.
♪
[birds chirping]
[car horn honking]
Between Christmas
and New Year's,
the news started to come
out about Laci missing.
When I heard that, that's
when I got on the phone
and called up my
detective and said, look,
now, you know,
we've got this van.
We've got a mattress
in the back of it.
It's similar in description
of what everybody's saying.
I think you need to
take a look at that.
[inquisitive music]
The detectives came out.
The police chief came out.
It was a really high-profile
development in the case.
The first test at the scene,
right after they found the van,
was a presumptive test.
It's a field test.
And then the next
day, a sample would be
hand-delivered to the
Department of Justice
for a more in-depth analysis.
And it was tested there,
and they couldn't detect blood.
So at that point, it seemed like
the the air left the van.
It was no longer something
that needed to be looked at.
Even though we had the
positive luminol test,
that was it. It was done.
♪
It has been in my mind
and has kept me awake
and has bothered me at night.
Why didn't this get brought up?
There's blood on a
mattress in a van
that was burned about a mile
from where Laci disappeared.
That screams "needs
further investigation."
They couldn't determine
whether it was human blood
or not, but there was human DNA.
I contacted the
defense and said,
are you aware of
these photographs?
They weren't aware of it.
But they asked for
the photos themselves
and then they asked
for further testing.
It's possible that they
could get a sequencing
and find out whose DNA
is on that mattress.
When you think about it,
it basically comes down
that there was a
crime, there's DNA.
We should probably find
out whose DNA it is.
Pretty simple.
[birds chirping]
[dog barking]
- Hello.
- Hi.
Hi. Good to see you again.
Good to see you.
Good.
Ready to work.
- All right.
[suspenseful music]
Well, I was thinking it
could just be a good idea
to kinda lay out big
picture of what we know
the evidence to be right now.
This is the evidence, starting
with some of the things
we've known for 20 years, all
the way up to new evidence
we've just obtained
in the last year
and how we worked our
way through this evidence
as kind of a family
and a team of people
trying to solve a crime.
We all know that Laci went
missing on December 24th.
The dog was found in the
neighborhood with a leash on.
Karen Servas had put
McKenzie back in the yard
no later than 10:18.
And she had closed the gate.
The neighbors across the street,
they had left the
morning of December 24th.
They returned home December 26th
to find their home
has been burglarized.
You have the neighbor,
Diane Jackson,
seeing a van and men the
morning of December 24th,
the day that Laci went missing.
So the evidence indicates
that the Medina burglary
started the morning
of December 24th.
The Medinas, who lived
across the street,
didn't leave until 10:30.
So there was a perception
that the Medina burglary
was unrelated to
what happened to Laci
because the Medinas
hadn't left yet.
So many of the
mistakes have to do
with the Karen Servas timeline.
You found the dog in the street.
Yes, I did.
And put the dog in the backyard.
That ended up being very
critical to the prosecution's
case because they needed to
establish a certain time.
Scott Peterson, based
on triangulation
of cell phone records
and cell phone towers,
in his own
neighborhood at 10:08.
At 10:18, the
neighbor finds the dog
running free with a muddy leash.
That's a DA timeline.
That's not the defense timeline.
She could have gone missing
at any hour that morning.
The judge bought into this
Karen Servas timeline,
the idea that Laci's
already dead by 10:18.
So the judge said, the
burglars weren't there,
so they couldn't
have been involved.
It meant the jury didn't hear
evidence about the burglary.
Years later, the
defense discovers
this bit of potential
evidence from a mailman
by the name of Graybill.
And he claims that
he delivered mail
between 10:35 and 10:55,
and what he did notice
was that McKenzie,
the dog that always barked
every time he delivered mail,
wasn't barking,
and that the gate
at the Peterson home was open.
And if the dog wasn't there
and Laci wasn't there,
that means she was
walking the dog.
And we know that several people
had seen a pregnant
woman walking.
That was the missing piece.
Laci was still home
when Karen Servas
put the dog back in the yard.
If Laci is alive after 10:30,
Laci could have encountered
the Medina burglary.
We know the timeline now
because of Russell Graybill.
We know more about the burglary.
We've spent a lot of
time trying to connect
this burglary, the mailman,
and Russell Graybill.
There's just so many tips
and so much information,
and the timeline of the
morning was so misunderstood.
These are the significant
tips that came in
to the Modesto Police
Department, a lot of which
are at issue in the filings.
There are more, but
these are the ones
that are most
commonly talked about.
As a family, we
believe the police
were putting due diligence
into following up
on the sightings of Laci.
[indistinct chatter]
They had some people
came in with tips.
Passed those on to
the police because
I wanted them to follow up,
and I thought they were
following up on them.
I found out later
when I started to read
the police discovery,
their reports,
which were given
to us before trial,
that they weren't
following up on anything.
Just a couple of things
about the tip lines.
There's been now about
340 calls that's come in.
There's been tips that the
burglars confronted Laci.
One was a former Los
Angeles reserve officer
who had seen someone being
sort of muscled into a van.
He was so disturbed by
it that he called police.
[line trills]
His name was Tom Harshman.
Hello?
Hi. Mr. Harshman?
I'm doing research
for a documentary,
and I read about
your tip that you
that you made to
the Modesto Police.
[phone ringing]
Tom Harshman calls
twice on the 28th.
Then he's so upset
by what he saw,
he actually goes to the police
so that everyone knows
he saw a pregnant woman
being shoved into a van.
I mean, there were a
lot of phantom sightings
from people and things.
But as far as that
being a specific one,
I never heard
anything like that.
No detective was assigned.
In fact, they put more
effort into discrediting
the Laci sightings, rather
than go talk to the people
who actually said they
saw Laci that day.
This is one thing
that does bother me.
If I'm living in Modesto
and Tom Harshman reports
that a pregnant lady
was physically abused
on the side of a road, if
it wasn't Laci, who was it?
So any evidence that Laci
is alive after Scott leaves,
whether it's Laci
walking the dog
or Laci encountering a burglary,
is evidence that
Scott is innocent.
There are so many
instances where
there was evidence
that didn't fit
the detective's theory
that they ignored.
Very late in Scott's
trial, a tip came in
talking about Laci
confronting the burglary.
My name is Xavier Aponte.
I was a correctional officer
at the California
Rehabilitation Center in Norco.
In January 2003, one of
the correctional officers
responsible for
monitoring inmate calls
overheard a conversation.
There were rumors on the
street that Laci Peterson
had walked up and interrupted
a burglary down the street
from her house.
[phone dialing]
I contacted the Modesto
PD's tip hotline
because somebody might
wanna follow up on it.
I did not receive any
immediate calls back.
And probably about
a week or so later,
I made a second phone
call and reiterated
what I had left the first time.
Modesto PD and the prosecution,
they'd been sitting
on that information
and didn't bother
to share it with us.
Later, we asked
for the recording.
We never got the recording.
That recording does
not exist right now.
Supposedly, the detectives
looked everywhere.
Was this something
that was deep-sixed?
The bottom line is,
this was material,
exonerating evidence that
should have been turned over
and it wasn't turned over.
The Lieutenant Aponte tip,
under further scrutiny,
as Detective Grogan
started looking into it,
his story changed slightly.
And then as Grogan
pressed him more,
he ended up recanting
this information
and saying that it really
wasn't true at all.
Aponte has recanted
everything he said.
Who's the officer that
told you about it first?
He couldn't remember.
Where's your notes
in the log where
you log in all these tapes?
Couldn't find it.
Well, where's the tape?
Don't have it.
And that was the end of that.
It was just a big malarkey.
At no time have I ever
recanted my statements.
What I did say is
that his conversation
seemed to be hearsay from
the talk on the street.
The statements that I made
were true and factual.
Lieutenant Aponte
has called in a tip
connecting the burglars to Laci.
You know you've got a duty
to turn over
exonerating evidence
that tend to show
someone's innocence.
What else do we have?
Right on the heels of
the Medina burglary,
this reward was offered, I
believe, on December 31st.
Well, on that same day, a
Croton watch was pawned.
And when Laci went missing,
she was wearing a Croton watch
that she had inherited
from her grandmother.
Tell me about the Croton watch.
She inherited it, you
know, before Christmas,
not long before Christmas.
And it was kind of gaudy.
It had a bezel with
diamonds around it.
We joked about it. We
called it her rapper watch.
♪
On December 31, 2002, a
lady came in and she sold us
a 14-karat-gold Croton Watch.
Everything we loan or buy
goes to a master computer.
I was contacted by the
Modesto Police Department.
They thought maybe it was
Laci Peterson's watch.
They just came in and said
they're here to
pick up the watch,
and they took the watch.
Where is the watch?
And was that Laci's watch?
They never found it.
I knew it was missing.
But the first time I
heard that the police
knew about it being pawned
was well after I was arrested.
The police have to
provide the defense
with discovery when
they ask for it,
any exculpatory information.
The police hadn't shared
this with us at all.
And now I know why,
because they covered it up.
I think it was a
wild goose chase.
If it would have been
something of importance,
if it would have been major,
it would have been in the trial.
We can never prove it was hers.
It never amounted to anything
other than speculation.
It may have been Laci's
and it may not have been Laci's.
But the bottom line,
they interviewed
the owner of the pawn shop.
It should have been turned
over to the defense.
Never turned over
to the defense.
This really highlight
the failings
of the Modesto
Police investigation.
The sightings of Laci
were not followed up on.
The sightings of McKenzie
were not followed up on.
This burnt van certainly
was not followed up on.
This watch was not
followed up on.
Now, do you think some
things were followed up on
by the Modesto
Police, but documents
or related evidence
wasn't turned over
to the defense?
I strongly believe, based on
the sum total of the reports
and how things are
cross-referenced,
that there's a strong
possibility that
we're missing reports
on the Croton Watch.
It was confirmed we
were missing reports
on this burned van when Scott's
appellate attorney, in 2006,
requested from the
district attorney, hey,
can you send me your
whole file on this van?
Scott's defense
attorney, Mark Geragos,
initially had a few
files on this van,
but he did not have photos of
that bloodstained mattress.
People want the answer
they believed in
to continue to be the answer.
You know, people
are who we all are.
We're we're slow
to admit we're wrong.
[suspenseful music]
♪
In California, death penalty
cases just take a long time.
You know, we had 12, 15
years where nothing happened.
The bigger hope that
Scott would be exonerated
really drove what we did,
specifically his death sentence.
We didn't really know
how long it would take.
We just kept investigating.
His attorneys kept working.
We just hung on to
every shred of hope,
every, what else can we do?
And and let's do it.
News today, convicted
killer Scott Peterson
is officially off death row.
He was resentenced
to life in prison
without the
possibility of parole.
Judge Delucchi made an
error during jury selection.
He said, if you're
against the death penalty,
well, then you're excused.
When law in California
says, if you say,
I am against the death
penalty, the judge is supposed
to ask you questions about it.
Judge Delucchi didn't do that.
And the California Supreme
Court, for that reason,
overturned the sentence
for Scott Peterson.
I felt a sense of
relief when Scott's
death sentence was overturned.
I know the first time that I
went to go visit him in person
at Mule Creek, I'm
sitting in this big room
with all these people
and waiting for Scott
to come through the door.
And he came through the door,
unescorted and unhandcuffed.
I was just looking at him
and I actually was wondering
what was wrong with his walk.
I was like, why is
he walking funny?
And I realized later that
I had not seen him walk
with his arms
swinging for 20 years.
All rise.
Once the death penalty
was off the table,
Scott Peterson, at that
point, lost a lot of resources
that were available to him.
The problem for Scott
Peterson is that
now that he's off of death row,
he's lost state-sponsored
representation.
There is a practical
reality for all but the
the wealthiest people
in America that,
at some point
and we're certainly there,
20 years post conviction
families lose their
ability to afford the cost
of high-end attorneys.
There was clearly a need for
an organization or a team
that was financially secure,
had access to a
lot more resources.
I wasn't even remotely qualified
to take over his case.
There's a number of problems
with Scott's conviction,
but one of the things
going on in his case
was that there needed
to be some DNA testing.
And Scott's attorney
had noticed that
the newly formed Los
Angeles Innocence Project
had a DNA grant.
2023, Scott Peterson's
appellate attorneys
reached out to the Los
Angeles Innocence Project
in the hopes that they
would take on the case.
When the Innocence
Project takes a case,
it sends a message.
When the Innocence
Project gets involved,
they only get involved if they
believe they can win a case.
This appears to be
the beginning stages.
The Los Angeles
Innocence Project
has filed a motion
asking for, I believe,
17 items to be DNA tested.
A couple of those
items are associated
with the Medina burglary,
a burned van that
was found about a
mile from Laci's home
the day after she went missing.
And 11 of those items
were recovered either with
or near Laci and
Conner's bodies.
We've got this other
narrative going on
that has been going
on since that week,
a burglary across the
street that happened
around the same time
that she was supposed
to go out for that walk.
They wanna find out if
a van that was found
torched near the Modesto Airport
is connected to the burglary.
Inside, investigators
discovered a mattress
with stains confirmed
to be blood.
The Innocence Project
wants to conduct
new DNA tests on those samples.
Could it be Laci
Peterson's blood?
[inquisitive music]
I think with the filing
of these motions,
the public has a much
better view of what happened
when Laci went missing.
A lot of this
information wasn't public
until these filings.
I think there's enough evidence
that it's probable that
that someone else may
have committed the crime.
The Peterson family
credits Mike Gudgell,
a journalist who used
to work for ABC News,
with tracking down new evidence.
I'd been doubted by my
friends and family for years.
Having it validated
was an important moment
and sort of the arc of
my commitment to this.
Ultimately is about injustice,
and not just for
Scott for Laci too.
And the Los Angeles Innocence
Project efforts are important.
They have substance and they
need to be taken seriously.
It is clear that they believe
that the Medina burglary
had a connection to Laci
Peterson's disappearance.
They're not necessarily
stating that the individuals
who were convicted
of the burglary
are the ones who
committed the crime,
but that there's a
larger web of individuals
who may have been the ones
involved in her disappearance.
It's a little overwhelming
to look at the evidence
in this case and realize
how solvable this crime is.
To have an innocence
organization take his case,
I think, really speaks to the
fact that Scott is innocent.
It would be impossible
for me to acknowledge
and thank everyone that is
responsible for bringing
this case to the successful
conclusion that it did.
But there are
Well, if there was any doubt,
I would be shouting it.
I would be making
noise about it.
But nothing has changed
in these 20 years since
that makes me have any doubt
that we got the right guy.
If you can imagine a family
that's pretty tore up
and they probably have
this nagging belief
that their daughter,
stepdaughter or what have you,
is dead
Anybody that has a thought that
there's a claim of innocence
on Scott's part doesn't
know the case as well
as those of us
that worked it did.
Peterson's new legal team
believes he may be innocent.
This is how our criminal
justice system works,
to be sure that we have the
right person in custody.
The LA Innocence Project
taking up this fight
at this time, not
totally unexpected.
This isn't nothing new.
I mean, this has
been talked about.
This is I don't
have a reaction.
I believe this is bullshit.
There is absolutely
no reasonable doubt.
None. He did it.
Jury got it right.
If there was any doubt,
I would be shouting it.
I would be making
noise about it.
I have no doubt about
Scott's involvement
and the fact that he
was the killer in it,
because there's just too much
circumstantial
evidence to ignore.
From the beginning of
this investigation,
Scott was the focus
for Al Brocchini and I.
There was blood on the duvet.
It turned out to be his blood.
In the end of the bed,
it looked like
something laid there.
So this could have
been a situation where
maybe he strangled
or smothered Laci
on the end of the bed there.
She scratched him
during the struggle
and then that blood
got on the comforter.
Scott did run to the neighbors,
but the first neighbor
he ran to, he told them,
I've been golfing all day.
Have you seen Laci?
Then he changed it to fishing.
We knew he'd been fishing.
There was saltwater in the boat.
But his fishing rod was more
of a freshwater fishing rod.
And the lure packages
hadn't even been opened.
And so that made us a
little bit more suspicious
of what he was up to.
The timeline suggests
that there were witnesses
that saw Laci on the
morning of the 24th
after Scott left for
his fishing trip.
Anybody that said they saw Laci
walking the dog got interviewed.
Eyewitness testimony
is very subjective.
It would be very
easy for a witness
to wanna be helpful,
to claim later
that they saw Laci, when
actually they didn't,
it was a mistaken
identity thing.
Or, more sinister,
people who wanted to get
involved in this because
it was high profile,
it was in the news, and
everything like that.
And we had a few things
like that that popped up.
But in addition to that,
as the case unfolded,
there was information
from her doctor
that she wasn't really in
any condition to make a walk.
One of the working theories
is that Laci Peterson came out
of this house right
here, 523 Covina,
and there was a
burglary in progress
right across the street.
When it comes to the theory
of Laci being abducted
by the burglars,
people saw vans in
the neighborhood.
They saw women walking
dogs in the neighborhood.
But nobody saw Laci being
abducted, making noise,
screaming, confronting somebody,
having an argument
in the street.
Todd and Pearce,
they alibied out.
We went to, where
were you on Christmas?
Well, they were eating
dinner with Mom and Grandma.
It was investigated thoroughly.
It's rare that a guy
who's doing burglaries
to source a narcotics
habit is gonna
turn into a violent
offender and abduct a girl
and keep her hostage.
And you have to remember
that a lot of property
was recovered from the burglary,
and of all this property that
was inventoried and photoed
and examined, there was not
one piece of property there
that belonged to Laci.
That's why, to me, the
thought of the burglars
being responsible
for her disappearance
is pretty much fantasy.
We had the the
Berkeley receipt.
On that day, we
have the timestamp.
We know that it's
from that marina.
They just gave everyone, you
know, a way to implicate you.
Half of America knew where
this man was on Christmas Eve.
If someone else
committed this crime,
where they would
deposit the bodies
is in the San Francisco Bay.
If you want to assure that
you aren't gonna be convicted
and Scott Peterson will be.
If the burglars were
gonna frame Scott,
they're not gonna weight
the body down and hide it.
You're gonna want it to come up.
Wouldn't they just put her
body right on the beach?
They don't have a boat.
They don't have a truck
that can pull a boat.
They have no way
to get to the bay.
I guess it's possible,
just like anything else is.
But it's also possible
that Jennifer Lopez
is gonna call me after
she leaves Ben Affleck
and wanna have a date.
The Modesto Police
Department did
a phenomenal job in this case.
I feel pretty confident
about the case
that was put together by our
team and especially the way
it was presented to the
jury by the prosecution.
And can they do it
again if they have to?
I believe so.
Now we've got this blood
that needs to be tested,
and my attitude on that
is, test that evidence.
And then you're
gonna be able to show
that it doesn't come
back to anything
to do with Laci or Scott.
If we had the wrong
guy in prison,
we would wanna know about it.
Even 20 years after
the conviction,
you still have the
detectives trying to justify
or prove their case.
The Los Angeles
Innocence Project
only takes cases for defendants
who have a credible
claim of innocence.
The orange van may
be the smoking gun,
but no one can tell.
We all have to wait
for the DNA testing.
Convicted murderer
Scott Peterson
is in front of a judge today.
The next big hearing
is on May 29th.
And this is a crucial
hearing because the court's
gonna be deciding on a
number of DNA testings.
And we're hoping that the
court approves, if not all,
at least most of them.
Today's hearing could
be the most crucial
in the attempt to try
and earn a new trial.
If Laci Peterson's DNA
is on that mattress,
that's gonna exonerate
Scott Peterson.
[suspenseful music]
♪
A judge ruling is
expected today.
A huge decision
here for this judge
to try to determine
whether there can be
new DNA testing done on
these pieces of evidence.
A no to DNA testing
could be a dagger
to the LAIP's argument,
but a yes to the testing
could be a huge step forward
in asking for a new trial.
Convicted murderer
Scott Peterson
appeared virtually in a
Northern California courtroom
as a judge denied nearly
all DNA testing requests.
The judge mostly rejected
Scott Peterson's request
to test about 15 pieces of
evidence, except for one.
Peterson will be allowed to
test a piece of duct tape
that was found on his wife's
body after it washed ashore.
Most people, including me,
expected that the DNA testing
requests would be granted.
Paula Mitchell, in her
argument before the court,
said, in all the years
that I've been asking
for DNA testing,
I've never had this
kind of resistance.
That, in itself, speaks
volumes, if you ask me.
The DNA on the duct tape on
the pants are gonna be tested.
If someone else's
DNA is on duct tape
that's adhered to Laci's body,
that indicates someone
else is culpable.
That doesn't get
Scott a new trial.
That releases Scott.
It's the initial stages.
This is not the end of it.
It's just the beginning.
And at least we've got one win.
They still have their
discovery motion
that they can argue
that can bring
additional information to light.
Even if you think the
person is a monster,
under our constitution,
he or she is entitled
to a fair trial,
something Scott
Peterson never got.
Criminal defense is
inherently unfair,
simply because the state
has all the resources.
I think most people
think that the courts
will get it right.
But the problem is, when the
courts don't get it right,
it is incredibly hard to fix.
I don't think you
can honestly say,
in looking at this case, even
if you have questions about it,
that this jury got it wrong.
The jury basically mirrors
what most people in
this country believe
who have looked into this case,
and that is that
Scott Peterson did it.
There is no evidence
of manner of death.
There is no evidence
of cause of death.
There is no evidence of
a crime scene anywhere.
There isn't any evidence
that Scott Peterson
engaged in any violence
involving his wife.
When you know that the jury
ultimately learned all of that
and still convicted him,
you have to ask yourself,
what's going on here?
And that's where, I believe,
the media plays a
significant role.
We've been following what
appears to be movement
in the Laci Peterson case.
All of us were so saturated
with media attention
surrounding this case,
all virtually one-sided,
all against Scott Peterson,
that I believe it
became almost impossible
to make a rational decision.
When ratings speak,
when people realize that
there's a voracious
appetite for a story,
they're going to just rev it up.
And the more the
media revved it up,
the more obsession there was.
A Fox News alert.
A major development in the
case of Scott Peterson.
He was dubbed the Most
Hated Man in America,
convicted of murdering
his wife, Laci.
For the first time
in many years,
we're hearing from the
family of Laci Peterson.
This story was a huge
cottage industry.
"The National Enquirer"
never had it so good.
The families of both
Laci and Scott Peterson
watching in court this week.
People think that there's
some conspiracy as to
what we see in the
mainstream media.
Well, here's what we see.
We see what people want to see
because that's how
they make money.
Friends and family of this
young woman, Laci Peterson.
Careers were made on it.
Within months, I
was working at CNN
and had been a national
reporter since.
In Modesto, Ted Rowlands,
KTVU Channel 2 News.
Nancy Grace was a
reoccurring guest.
Her career absolutely exploded.
A lot of lives were changed
because of the death of
Laci and Conner Peterson.
A baby boy, umbilical
cord still attached.
There was a lot of hatred.
There was a lot of
pretrial coverage
and a conviction in the media.
But otherwise, as
far as evidence,
at least I didn't
see any evidence.
Twenty years later, you have
two very compelling stories,
circumstantial as they may be.
If you think Scott
Peterson is guilty,
yeah, there's a ton of
evidence on your side.
If you think Scott
Peterson is not guilty,
there's some compelling
evidence on your side.
The problem is, there's
no black and white,
here's why we think he
did it or didn't do it.
There's nothing concrete.
And that's what the
LA Innocence Project,
I guess, is after.
Journalism is all
about finding the truth
and holding our public
servants accountable.
At some point, law enforcement
has to engage in this.
It has to open their
minds a little further.
If they go to another
trial, I'm not gonna like it
because it's gonna disrupt
a lot of people's lives.
And the big thing for
me is what it does
to Sharon, Amy, Brent.
When they got the verdict,
they were probably
on the attitude that,
oh, this is all done
and we can resume our lives.
But no, it doesn't
work that way.
People never come to
terms with something
like a murder in their family.
There's no such
thing as closure.
It's something that haunts
you and you live with
for the rest of your life.
It's been 22 years
since Laci went missing.
So really, this tragedy is
it's been part of our
lives for a very long time.
My kids grew up with it.
My nieces and nephews
grew up with it.
We've lived with this
injustice droning
in the background of life.
Our biggest hope
is that we not only
are able to free Scott,
but ultimately find out
what did happen to
Laci and Conner.
We need both.
And Laci deserves both.
Her name is Laci Peterson,
and she has disappeared
without a trace.
Are you in any way connected
to Laci's disappearance?
I had nothing to do with
Laci's disappearance.
- Somebody has Laci.
- Authorities are baffled.
A brown van could back up
a defense theory
Laci was abducted.
$1,000 for someone that
leads us to the persons
responsible for the burglary.
We were shocked to find out that
he'd been having an affair.
I'm only left to question
what else he may be hiding.
A female adult body was
discovered late this morning
by a woman walking
the shoreline.
Murder suspect Scott Peterson
had $10,000 in cash
when he was arrested
near the Mexican border.
A crowd of 250 taunted
and heckled him,
calling him a murderer.
Peterson has been
found guilty of first-
and second-degree murder.
[cheering]
Whoo-hoo! That's
it! I'm happy!
The judge in Scott
Peterson's murder trial
sentenced him,
calling him cruel,
uncaring, and heartless.
Scott got what he deserved.
Key questions remain unanswered
and have left some wondering,
will we ever get to the truth?
[somber music]
♪
Every moment is so real, is
so tactile and still there.
And the smells and the
lighting and the sound
of when I say goodbye to Laci,
I mean, my family was gone.
I drove away, expecting to
come back that afternoon
and have our wonderful
Christmas together
after we both had, you
know, fun mornings.
And no, they were gone.
And it's still
very, very present.
But there are certainly
times that I become a wreck.
Excuse me.
You know, I try not
to be too emotional
when I'm out here in the
day room of the prison.
♪
Most murder cases
are circumstantial.
You don't get a smoking gun.
You take one of the
things, it's nothing.
Two or three, it's nothing.
But when you add them up,
it's pretty darn strong.
I never imagined that this thing
would still be percolating
20 years later.
[invigorating music]
I have questions about the case.
It's always bugged me.
I know people are really heavily
invested that Scott's guilty.
There is no evidence
of cause of death.
There is no evidence
of a crime scene.
Laci's already set the
table for Christmas brunch.
You're gonna travel 90 miles
away to test your boat?
I didn't buy it.
There isn't any evidence
that Scott Peterson
engaged in any violence
involving his wife.
If you open your
mind a little bit,
really consider
the investigation,
there are a lot of questions.
There have always been
a lot of questions.
When you know that the jury
ultimately still convicted him,
you have to ask yourself,
what's going on here?
They gave us, in my opinion,
no realistic alternate theory.
The information we were
given in that courtroom
only leads to the
decision we came up with,
which is he's guilty.
The police can't
get it this wrong.
The DA can't get it this wrong.
A jury can't get it this wrong.
The appellate process
can't get it this wrong.
The media can't
get it this wrong.
Is this the way criminal
justice works in America?
Here I am two decades later,
still trying to
solve this crime.
I'm still investigating.
I'm still looking at the
evidence, asking questions.
It's gonna be a fight for
them to accept the truth.
December 13, 2004.
People of State of California
versus Scott Peterson.
We, the jury, fix
the penalty at death.
[dramatic music]
And in a case that
became something of
a national TV
obsession, a judge today
formally sentenced
Scott Peterson.
In spite of all the
pain and passion
expressed in court today, one
person showed no emotion
Scott Peterson.
During my trial,
I was indignant.
I was so angry at the
media, because the reports
just weren't factual.
I strived not to show any
emotion in the courtroom
because I didn't wanna, you
know, see them break me.
♪
[indistinct chatter]
When Scott was
moved to death row,
we made every effort to
get up there and visit him.
For the first eight years,
we had someone there every week.
Our family has really
been the glue for Scott
and for each other
through these
these hard times.
And just fortunate
that that's the case.
He would repeatedly say he
he was living visit to visit.
It was his lifeline.
[cell door clangs]
[suspenseful music]
♪
[birds chirping]
Sitting through Scott's trial
and then spending years
combing over police reports,
reading appellate documents,
talking with lawyers,
our family had
kind of been tethered
to the legal community
for 17 years.
My kids were grown.
Ultimately, I made the
decision to go to law school.
I certainly never have felt
like I needed to become
a lawyer to help Scott.
But I think now
that I am a lawyer,
I certainly have a much
better understanding
of the case and the issues.
If Scott is granted a new trial,
we'll be able to take more
steps in the investigation.
We'll be able to call
people to court to testify.
We have an incredible
support system,
an incredible team of
people who know this case
and help our family.
And without them, we
wouldn't be where we're at.
And without Mike Gudgell,
I don't know that
our investigation
would be where it's at.
[cheering]
I thought that the
trial was going to be
the arbiter of the truth.
And I don't think
that's accurate.
Most of the journalists
covered the story
from beginning to end, I
think expected a hung jury.
I don't know anyone
who isn't terribly
conflicted by the verdict.
It was troubling for
those of us who really
knew the case intimately.
Scott was convicted, but
there was no how, where,
when, even why.
Everyone involved in the
case contributed in some way
to a sort of a conspiracy
of circumstances
that led to the verdict.
Anybody who disagrees
with the verdict,
you have a right to disagree.
But if you weren't
there, you don't know.
A lot of media coverage,
so I think the jury
pool was partly biased.
Why did he leave his wife
alone, eight months pregnant,
on Christmas Eve to
go fishing by himself?
There was a tremendous
pressure on the media
to report every day.
And as a consequence,
particularly the tabloid press
would report rumors.
Was Scott Peterson
planning to hire hit men
to kill his wife, Laci?
Every evening, I would sit
and watch one of the shows
and I'd wanna throw
my shoe at the TV.
Initially, I spent a
year, year and a half
covering a case from
beginning to end.
I went on to do other things,
including covering the wars
in Iraq and Afghanistan.
But it always bothered me.
[unsettling music]
I don't really even think
the case was solved.
So when I got back from
covering the two wars,
I devoted as much time as I
could to digging more into
what might have
happened to Laci.
This is 2015.
The first thing I
had to do was get
the 50,000 pages of
documents and police reports.
And then I had to go
through those documents
and find what questions or clues
were buried in those pages.
There was dozens of
different tips that came in,
and I spent years
looking into those.
But it finally came down
to the burglary
across the street.
We have two people in custody.
We do not believe
that, at this time,
that there's any connection
with the missing of Laci.
[ominous music]
The police characterized
the Medina burglary
as kind of a meth addict, and
it was a crime of opportunity.
The Airport District was
sort of a high crime area
not far from Laci
and Scott's house.
And there was a larger effort
to burglarize houses
in that neighborhood.
I would call it a
criminal network.
I suspect that more
people were involved
in the burglary than Steven
Todd and Glenn Pearce.
This is just a working theory.
I haven't been able
to prove it yet.
And that comes to the
question of smoking gun.
But I think it's
much more complicated
than what the police believe.
Steven Todd and Glenn Pearce
admitted their involvement
with the Medina burglary,
telling the police
that the burglary
happened on December 27th.
When the police pointed out
to them that it couldn't have
happened on the 27th because
the Medinas were already home,
they changed their story
and said that the burglary
happened on the 26th.
It wasn't until much later
that people began to question
whether this burglary really
occurred on December 26.
We believe that Laci
encountered the Medina
burglary on December 24th.
At 11:40 a.m., Diane
Jackson saw three men
that were dark-skinned,
not African American,
in front of the Medina home.
So I think Steven Todd
shared information
about the Medina home
with people in the
Airport District.
It's their practice to
share targets like that.
It's possible that
three men in the van
were some of his
friends or accomplices.
So what likely happened is,
other people showed up to help.
The police have never
identified that van,
never identified the men
associated with the van.
And that van was parked
directly in front of the house
that was burglarized.
It's directly across the street
from Scott and Laci's home.
So this confrontation with
Laci could have involved
the people in the
van, not necessarily
Steven Todd and Glenn Pearce.
Steven Todd confessed almost
immediately to the burglary.
And I think that says something.
I think he was told, you're
gonna have to take the fall.
I mean, you know, there's
a confidential informant
that turned him in, so he was
gonna serve time regardless.
The burglary could have
occurred about the same time
Laci went for a walk.
It's possible that Laci
confronted the burglars
or saw the burglars,
or the burglars saw her
and were worried about whether
she would call the police.
So if you didn't kill
Laci, who killed Laci?
[ominous music]
We had a client who was innocent
but an entire world against him.
He's not capable of doing this.
And we truly believe that.
We also believe that that
the evidence backed us up on it.
To have a verdict of guilty
and then the death penalty,
no words can describe the
disappointment, the sadness.
It was a huge shock.
I thought, despite the
hatred towards Scott,
that they would actually
listen to the evidence
and they would base their
decision on the evidence
and only on the evidence.
Because I thought,
there's no evidence here.
There's no forensic
evidence, there's nothing
to tie him to the murder.
Our client didn't do it.
Nothing has changed since.
In fact, at this
point, years later,
there's more
exonerating evidence
that have come to light.
In my years of investigating it,
I investigated a lot of leads
and looked at all
possibilities
that Scott was involved
in a murder for hire,
Laci was abducted
for her unborn child.
Most of them have
been dead ends,
but a process of
elimination at this point.
And, you know, there
are a few things
that are left that
are promising.
And I think the most
important piece of information
is the van.
[tense music]
At the very beginning, police
were looking for a brown van.
And all the media was also
looking for a brown van.
A brown van could back up
a defense theory
Laci was abducted.
Numerous witnesses
reported seeing
a suspicious brown van in the
neighborhood that morning.
I noticed three people across
the street on the Medinas' lawn
and they were right
next to a van.
I always look around.
And I have never seen
a van like that before.
And so you saw the
van, coincidentally,
at the same time
you saw Laci? Or
Yes. No, no, same time.
There's some variation, but
there were three or four
witnesses who saw the same van
across from the Petersons',
next to the Medina home, on
the morning Laci disappeared.
And then I heard
about an orange van
that had burned in
the Airport District
the morning after
Laci disappeared.
Maybe that's our brown van?
Police recently took the
van to this crime lab,
examined it, and concluded
that the van was not
in any way involved
in the disappearance
of Laci Peterson.
I remember sort of, you know,
those internal instinctual
alarm bells going off that
there was something wrong
and that this sort of
feeling stuck with me.
So that's 2004.
And then fast forward
over ten years.
[suspenseful music]
Not believing everything I heard
either in the media
or the police,
I started following the leads.
I decided to look through all
the documents, 40,000 pages.
I started, on my own,
interviewing witnesses.
I went to interview
the owner of the van
where it was stolen, a
moving and rigging company.
And he told me that the
employees could take
some of the vehicles
home and he believed
it was kind of an inside job.
If it was an inside job, and
if employees were allowed
to take the van home for
the weekend or whatever,
they could have just
taken the van back
and no one would
have even known.
So I think very logical
that it was burned
to cover up a crime.
After that, I'm looking into
the criminal
community in Modesto,
and some of the names I'm seeing
are associated with
that burnt van.
The last person to drive it
definitely had a criminal
record, including burglary.
And a family member of
the owner of the van
was associated, a
friend of Steven Todd.
Steven Todd's wife's
sister lived in a house
right next to where the
burnt van was found.
The thing about the
Airport District,
it isn't that big of an area.
And to have a burned-out
van found near the relative
of one of the burglars
isn't anything, to me,
that would be
suspicious whatsoever.
Why now is this just coming up?
It seems interesting to me.
♪
I wanna show you the van.
So these are the six color
pictures I was able to get.
And to my knowledge,
are the only pictures
that remain out of possibly
over a hundred that were shot.
I found the three-
or four-page report
from Bryan Spitulski,
the arson investigator.
So I decided to
give him a visit.
And he looked at me and he said,
I've been waiting
ten years for someone
to come and ask
questions about this.
My name is Bryan Spitulski.
I've been a fire investigator
for almost 30 years.
In 2002, I was a
fire investigator
for Modesto City
Fire Department.
December 25th, the fire
came in for a vehicle fire
in an alleyway.
As I did my walk
around, I noticed
there was a mattress
in the back of the van
that was mostly
consumed by the fire.
And they put this round
gas can over the mattress,
I'm sure thinking that the gas
can would destroy the mattress.
But the metal gas can
actually protected this
foot-and-a-half
circle of mattress.
It was a little bit discolored,
but it wasn't burned at all.
It's kind of a grayish
off-white fabric
with rust-colored stains in it.
It looked like blood to me.
And I cut away a piece of that
fabric so we could understand,
was this just a rust color
or was this truly blood?
When we cut it away
and we stuck it
into the container that
had the luminol in it,
it went blue.
There's human
blood on that item.
♪
[birds chirping]
[car horn honking]
Between Christmas
and New Year's,
the news started to come
out about Laci missing.
When I heard that, that's
when I got on the phone
and called up my
detective and said, look,
now, you know,
we've got this van.
We've got a mattress
in the back of it.
It's similar in description
of what everybody's saying.
I think you need to
take a look at that.
[inquisitive music]
The detectives came out.
The police chief came out.
It was a really high-profile
development in the case.
The first test at the scene,
right after they found the van,
was a presumptive test.
It's a field test.
And then the next
day, a sample would be
hand-delivered to the
Department of Justice
for a more in-depth analysis.
And it was tested there,
and they couldn't detect blood.
So at that point, it seemed like
the the air left the van.
It was no longer something
that needed to be looked at.
Even though we had the
positive luminol test,
that was it. It was done.
♪
It has been in my mind
and has kept me awake
and has bothered me at night.
Why didn't this get brought up?
There's blood on a
mattress in a van
that was burned about a mile
from where Laci disappeared.
That screams "needs
further investigation."
They couldn't determine
whether it was human blood
or not, but there was human DNA.
I contacted the
defense and said,
are you aware of
these photographs?
They weren't aware of it.
But they asked for
the photos themselves
and then they asked
for further testing.
It's possible that they
could get a sequencing
and find out whose DNA
is on that mattress.
When you think about it,
it basically comes down
that there was a
crime, there's DNA.
We should probably find
out whose DNA it is.
Pretty simple.
[birds chirping]
[dog barking]
- Hello.
- Hi.
Hi. Good to see you again.
Good to see you.
Good.
Ready to work.
- All right.
[suspenseful music]
Well, I was thinking it
could just be a good idea
to kinda lay out big
picture of what we know
the evidence to be right now.
This is the evidence, starting
with some of the things
we've known for 20 years, all
the way up to new evidence
we've just obtained
in the last year
and how we worked our
way through this evidence
as kind of a family
and a team of people
trying to solve a crime.
We all know that Laci went
missing on December 24th.
The dog was found in the
neighborhood with a leash on.
Karen Servas had put
McKenzie back in the yard
no later than 10:18.
And she had closed the gate.
The neighbors across the street,
they had left the
morning of December 24th.
They returned home December 26th
to find their home
has been burglarized.
You have the neighbor,
Diane Jackson,
seeing a van and men the
morning of December 24th,
the day that Laci went missing.
So the evidence indicates
that the Medina burglary
started the morning
of December 24th.
The Medinas, who lived
across the street,
didn't leave until 10:30.
So there was a perception
that the Medina burglary
was unrelated to
what happened to Laci
because the Medinas
hadn't left yet.
So many of the
mistakes have to do
with the Karen Servas timeline.
You found the dog in the street.
Yes, I did.
And put the dog in the backyard.
That ended up being very
critical to the prosecution's
case because they needed to
establish a certain time.
Scott Peterson, based
on triangulation
of cell phone records
and cell phone towers,
in his own
neighborhood at 10:08.
At 10:18, the
neighbor finds the dog
running free with a muddy leash.
That's a DA timeline.
That's not the defense timeline.
She could have gone missing
at any hour that morning.
The judge bought into this
Karen Servas timeline,
the idea that Laci's
already dead by 10:18.
So the judge said, the
burglars weren't there,
so they couldn't
have been involved.
It meant the jury didn't hear
evidence about the burglary.
Years later, the
defense discovers
this bit of potential
evidence from a mailman
by the name of Graybill.
And he claims that
he delivered mail
between 10:35 and 10:55,
and what he did notice
was that McKenzie,
the dog that always barked
every time he delivered mail,
wasn't barking,
and that the gate
at the Peterson home was open.
And if the dog wasn't there
and Laci wasn't there,
that means she was
walking the dog.
And we know that several people
had seen a pregnant
woman walking.
That was the missing piece.
Laci was still home
when Karen Servas
put the dog back in the yard.
If Laci is alive after 10:30,
Laci could have encountered
the Medina burglary.
We know the timeline now
because of Russell Graybill.
We know more about the burglary.
We've spent a lot of
time trying to connect
this burglary, the mailman,
and Russell Graybill.
There's just so many tips
and so much information,
and the timeline of the
morning was so misunderstood.
These are the significant
tips that came in
to the Modesto Police
Department, a lot of which
are at issue in the filings.
There are more, but
these are the ones
that are most
commonly talked about.
As a family, we
believe the police
were putting due diligence
into following up
on the sightings of Laci.
[indistinct chatter]
They had some people
came in with tips.
Passed those on to
the police because
I wanted them to follow up,
and I thought they were
following up on them.
I found out later
when I started to read
the police discovery,
their reports,
which were given
to us before trial,
that they weren't
following up on anything.
Just a couple of things
about the tip lines.
There's been now about
340 calls that's come in.
There's been tips that the
burglars confronted Laci.
One was a former Los
Angeles reserve officer
who had seen someone being
sort of muscled into a van.
He was so disturbed by
it that he called police.
[line trills]
His name was Tom Harshman.
Hello?
Hi. Mr. Harshman?
I'm doing research
for a documentary,
and I read about
your tip that you
that you made to
the Modesto Police.
[phone ringing]
Tom Harshman calls
twice on the 28th.
Then he's so upset
by what he saw,
he actually goes to the police
so that everyone knows
he saw a pregnant woman
being shoved into a van.
I mean, there were a
lot of phantom sightings
from people and things.
But as far as that
being a specific one,
I never heard
anything like that.
No detective was assigned.
In fact, they put more
effort into discrediting
the Laci sightings, rather
than go talk to the people
who actually said they
saw Laci that day.
This is one thing
that does bother me.
If I'm living in Modesto
and Tom Harshman reports
that a pregnant lady
was physically abused
on the side of a road, if
it wasn't Laci, who was it?
So any evidence that Laci
is alive after Scott leaves,
whether it's Laci
walking the dog
or Laci encountering a burglary,
is evidence that
Scott is innocent.
There are so many
instances where
there was evidence
that didn't fit
the detective's theory
that they ignored.
Very late in Scott's
trial, a tip came in
talking about Laci
confronting the burglary.
My name is Xavier Aponte.
I was a correctional officer
at the California
Rehabilitation Center in Norco.
In January 2003, one of
the correctional officers
responsible for
monitoring inmate calls
overheard a conversation.
There were rumors on the
street that Laci Peterson
had walked up and interrupted
a burglary down the street
from her house.
[phone dialing]
I contacted the Modesto
PD's tip hotline
because somebody might
wanna follow up on it.
I did not receive any
immediate calls back.
And probably about
a week or so later,
I made a second phone
call and reiterated
what I had left the first time.
Modesto PD and the prosecution,
they'd been sitting
on that information
and didn't bother
to share it with us.
Later, we asked
for the recording.
We never got the recording.
That recording does
not exist right now.
Supposedly, the detectives
looked everywhere.
Was this something
that was deep-sixed?
The bottom line is,
this was material,
exonerating evidence that
should have been turned over
and it wasn't turned over.
The Lieutenant Aponte tip,
under further scrutiny,
as Detective Grogan
started looking into it,
his story changed slightly.
And then as Grogan
pressed him more,
he ended up recanting
this information
and saying that it really
wasn't true at all.
Aponte has recanted
everything he said.
Who's the officer that
told you about it first?
He couldn't remember.
Where's your notes
in the log where
you log in all these tapes?
Couldn't find it.
Well, where's the tape?
Don't have it.
And that was the end of that.
It was just a big malarkey.
At no time have I ever
recanted my statements.
What I did say is
that his conversation
seemed to be hearsay from
the talk on the street.
The statements that I made
were true and factual.
Lieutenant Aponte
has called in a tip
connecting the burglars to Laci.
You know you've got a duty
to turn over
exonerating evidence
that tend to show
someone's innocence.
What else do we have?
Right on the heels of
the Medina burglary,
this reward was offered, I
believe, on December 31st.
Well, on that same day, a
Croton watch was pawned.
And when Laci went missing,
she was wearing a Croton watch
that she had inherited
from her grandmother.
Tell me about the Croton watch.
She inherited it, you
know, before Christmas,
not long before Christmas.
And it was kind of gaudy.
It had a bezel with
diamonds around it.
We joked about it. We
called it her rapper watch.
♪
On December 31, 2002, a
lady came in and she sold us
a 14-karat-gold Croton Watch.
Everything we loan or buy
goes to a master computer.
I was contacted by the
Modesto Police Department.
They thought maybe it was
Laci Peterson's watch.
They just came in and said
they're here to
pick up the watch,
and they took the watch.
Where is the watch?
And was that Laci's watch?
They never found it.
I knew it was missing.
But the first time I
heard that the police
knew about it being pawned
was well after I was arrested.
The police have to
provide the defense
with discovery when
they ask for it,
any exculpatory information.
The police hadn't shared
this with us at all.
And now I know why,
because they covered it up.
I think it was a
wild goose chase.
If it would have been
something of importance,
if it would have been major,
it would have been in the trial.
We can never prove it was hers.
It never amounted to anything
other than speculation.
It may have been Laci's
and it may not have been Laci's.
But the bottom line,
they interviewed
the owner of the pawn shop.
It should have been turned
over to the defense.
Never turned over
to the defense.
This really highlight
the failings
of the Modesto
Police investigation.
The sightings of Laci
were not followed up on.
The sightings of McKenzie
were not followed up on.
This burnt van certainly
was not followed up on.
This watch was not
followed up on.
Now, do you think some
things were followed up on
by the Modesto
Police, but documents
or related evidence
wasn't turned over
to the defense?
I strongly believe, based on
the sum total of the reports
and how things are
cross-referenced,
that there's a strong
possibility that
we're missing reports
on the Croton Watch.
It was confirmed we
were missing reports
on this burned van when Scott's
appellate attorney, in 2006,
requested from the
district attorney, hey,
can you send me your
whole file on this van?
Scott's defense
attorney, Mark Geragos,
initially had a few
files on this van,
but he did not have photos of
that bloodstained mattress.
People want the answer
they believed in
to continue to be the answer.
You know, people
are who we all are.
We're we're slow
to admit we're wrong.
[suspenseful music]
♪
In California, death penalty
cases just take a long time.
You know, we had 12, 15
years where nothing happened.
The bigger hope that
Scott would be exonerated
really drove what we did,
specifically his death sentence.
We didn't really know
how long it would take.
We just kept investigating.
His attorneys kept working.
We just hung on to
every shred of hope,
every, what else can we do?
And and let's do it.
News today, convicted
killer Scott Peterson
is officially off death row.
He was resentenced
to life in prison
without the
possibility of parole.
Judge Delucchi made an
error during jury selection.
He said, if you're
against the death penalty,
well, then you're excused.
When law in California
says, if you say,
I am against the death
penalty, the judge is supposed
to ask you questions about it.
Judge Delucchi didn't do that.
And the California Supreme
Court, for that reason,
overturned the sentence
for Scott Peterson.
I felt a sense of
relief when Scott's
death sentence was overturned.
I know the first time that I
went to go visit him in person
at Mule Creek, I'm
sitting in this big room
with all these people
and waiting for Scott
to come through the door.
And he came through the door,
unescorted and unhandcuffed.
I was just looking at him
and I actually was wondering
what was wrong with his walk.
I was like, why is
he walking funny?
And I realized later that
I had not seen him walk
with his arms
swinging for 20 years.
All rise.
Once the death penalty
was off the table,
Scott Peterson, at that
point, lost a lot of resources
that were available to him.
The problem for Scott
Peterson is that
now that he's off of death row,
he's lost state-sponsored
representation.
There is a practical
reality for all but the
the wealthiest people
in America that,
at some point
and we're certainly there,
20 years post conviction
families lose their
ability to afford the cost
of high-end attorneys.
There was clearly a need for
an organization or a team
that was financially secure,
had access to a
lot more resources.
I wasn't even remotely qualified
to take over his case.
There's a number of problems
with Scott's conviction,
but one of the things
going on in his case
was that there needed
to be some DNA testing.
And Scott's attorney
had noticed that
the newly formed Los
Angeles Innocence Project
had a DNA grant.
2023, Scott Peterson's
appellate attorneys
reached out to the Los
Angeles Innocence Project
in the hopes that they
would take on the case.
When the Innocence
Project takes a case,
it sends a message.
When the Innocence
Project gets involved,
they only get involved if they
believe they can win a case.
This appears to be
the beginning stages.
The Los Angeles
Innocence Project
has filed a motion
asking for, I believe,
17 items to be DNA tested.
A couple of those
items are associated
with the Medina burglary,
a burned van that
was found about a
mile from Laci's home
the day after she went missing.
And 11 of those items
were recovered either with
or near Laci and
Conner's bodies.
We've got this other
narrative going on
that has been going
on since that week,
a burglary across the
street that happened
around the same time
that she was supposed
to go out for that walk.
They wanna find out if
a van that was found
torched near the Modesto Airport
is connected to the burglary.
Inside, investigators
discovered a mattress
with stains confirmed
to be blood.
The Innocence Project
wants to conduct
new DNA tests on those samples.
Could it be Laci
Peterson's blood?
[inquisitive music]
I think with the filing
of these motions,
the public has a much
better view of what happened
when Laci went missing.
A lot of this
information wasn't public
until these filings.
I think there's enough evidence
that it's probable that
that someone else may
have committed the crime.
The Peterson family
credits Mike Gudgell,
a journalist who used
to work for ABC News,
with tracking down new evidence.
I'd been doubted by my
friends and family for years.
Having it validated
was an important moment
and sort of the arc of
my commitment to this.
Ultimately is about injustice,
and not just for
Scott for Laci too.
And the Los Angeles Innocence
Project efforts are important.
They have substance and they
need to be taken seriously.
It is clear that they believe
that the Medina burglary
had a connection to Laci
Peterson's disappearance.
They're not necessarily
stating that the individuals
who were convicted
of the burglary
are the ones who
committed the crime,
but that there's a
larger web of individuals
who may have been the ones
involved in her disappearance.
It's a little overwhelming
to look at the evidence
in this case and realize
how solvable this crime is.
To have an innocence
organization take his case,
I think, really speaks to the
fact that Scott is innocent.
It would be impossible
for me to acknowledge
and thank everyone that is
responsible for bringing
this case to the successful
conclusion that it did.
But there are
Well, if there was any doubt,
I would be shouting it.
I would be making
noise about it.
But nothing has changed
in these 20 years since
that makes me have any doubt
that we got the right guy.
If you can imagine a family
that's pretty tore up
and they probably have
this nagging belief
that their daughter,
stepdaughter or what have you,
is dead
Anybody that has a thought that
there's a claim of innocence
on Scott's part doesn't
know the case as well
as those of us
that worked it did.
Peterson's new legal team
believes he may be innocent.
This is how our criminal
justice system works,
to be sure that we have the
right person in custody.
The LA Innocence Project
taking up this fight
at this time, not
totally unexpected.
This isn't nothing new.
I mean, this has
been talked about.
This is I don't
have a reaction.
I believe this is bullshit.
There is absolutely
no reasonable doubt.
None. He did it.
Jury got it right.
If there was any doubt,
I would be shouting it.
I would be making
noise about it.
I have no doubt about
Scott's involvement
and the fact that he
was the killer in it,
because there's just too much
circumstantial
evidence to ignore.
From the beginning of
this investigation,
Scott was the focus
for Al Brocchini and I.
There was blood on the duvet.
It turned out to be his blood.
In the end of the bed,
it looked like
something laid there.
So this could have
been a situation where
maybe he strangled
or smothered Laci
on the end of the bed there.
She scratched him
during the struggle
and then that blood
got on the comforter.
Scott did run to the neighbors,
but the first neighbor
he ran to, he told them,
I've been golfing all day.
Have you seen Laci?
Then he changed it to fishing.
We knew he'd been fishing.
There was saltwater in the boat.
But his fishing rod was more
of a freshwater fishing rod.
And the lure packages
hadn't even been opened.
And so that made us a
little bit more suspicious
of what he was up to.
The timeline suggests
that there were witnesses
that saw Laci on the
morning of the 24th
after Scott left for
his fishing trip.
Anybody that said they saw Laci
walking the dog got interviewed.
Eyewitness testimony
is very subjective.
It would be very
easy for a witness
to wanna be helpful,
to claim later
that they saw Laci, when
actually they didn't,
it was a mistaken
identity thing.
Or, more sinister,
people who wanted to get
involved in this because
it was high profile,
it was in the news, and
everything like that.
And we had a few things
like that that popped up.
But in addition to that,
as the case unfolded,
there was information
from her doctor
that she wasn't really in
any condition to make a walk.
One of the working theories
is that Laci Peterson came out
of this house right
here, 523 Covina,
and there was a
burglary in progress
right across the street.
When it comes to the theory
of Laci being abducted
by the burglars,
people saw vans in
the neighborhood.
They saw women walking
dogs in the neighborhood.
But nobody saw Laci being
abducted, making noise,
screaming, confronting somebody,
having an argument
in the street.
Todd and Pearce,
they alibied out.
We went to, where
were you on Christmas?
Well, they were eating
dinner with Mom and Grandma.
It was investigated thoroughly.
It's rare that a guy
who's doing burglaries
to source a narcotics
habit is gonna
turn into a violent
offender and abduct a girl
and keep her hostage.
And you have to remember
that a lot of property
was recovered from the burglary,
and of all this property that
was inventoried and photoed
and examined, there was not
one piece of property there
that belonged to Laci.
That's why, to me, the
thought of the burglars
being responsible
for her disappearance
is pretty much fantasy.
We had the the
Berkeley receipt.
On that day, we
have the timestamp.
We know that it's
from that marina.
They just gave everyone, you
know, a way to implicate you.
Half of America knew where
this man was on Christmas Eve.
If someone else
committed this crime,
where they would
deposit the bodies
is in the San Francisco Bay.
If you want to assure that
you aren't gonna be convicted
and Scott Peterson will be.
If the burglars were
gonna frame Scott,
they're not gonna weight
the body down and hide it.
You're gonna want it to come up.
Wouldn't they just put her
body right on the beach?
They don't have a boat.
They don't have a truck
that can pull a boat.
They have no way
to get to the bay.
I guess it's possible,
just like anything else is.
But it's also possible
that Jennifer Lopez
is gonna call me after
she leaves Ben Affleck
and wanna have a date.
The Modesto Police
Department did
a phenomenal job in this case.
I feel pretty confident
about the case
that was put together by our
team and especially the way
it was presented to the
jury by the prosecution.
And can they do it
again if they have to?
I believe so.
Now we've got this blood
that needs to be tested,
and my attitude on that
is, test that evidence.
And then you're
gonna be able to show
that it doesn't come
back to anything
to do with Laci or Scott.
If we had the wrong
guy in prison,
we would wanna know about it.
Even 20 years after
the conviction,
you still have the
detectives trying to justify
or prove their case.
The Los Angeles
Innocence Project
only takes cases for defendants
who have a credible
claim of innocence.
The orange van may
be the smoking gun,
but no one can tell.
We all have to wait
for the DNA testing.
Convicted murderer
Scott Peterson
is in front of a judge today.
The next big hearing
is on May 29th.
And this is a crucial
hearing because the court's
gonna be deciding on a
number of DNA testings.
And we're hoping that the
court approves, if not all,
at least most of them.
Today's hearing could
be the most crucial
in the attempt to try
and earn a new trial.
If Laci Peterson's DNA
is on that mattress,
that's gonna exonerate
Scott Peterson.
[suspenseful music]
♪
A judge ruling is
expected today.
A huge decision
here for this judge
to try to determine
whether there can be
new DNA testing done on
these pieces of evidence.
A no to DNA testing
could be a dagger
to the LAIP's argument,
but a yes to the testing
could be a huge step forward
in asking for a new trial.
Convicted murderer
Scott Peterson
appeared virtually in a
Northern California courtroom
as a judge denied nearly
all DNA testing requests.
The judge mostly rejected
Scott Peterson's request
to test about 15 pieces of
evidence, except for one.
Peterson will be allowed to
test a piece of duct tape
that was found on his wife's
body after it washed ashore.
Most people, including me,
expected that the DNA testing
requests would be granted.
Paula Mitchell, in her
argument before the court,
said, in all the years
that I've been asking
for DNA testing,
I've never had this
kind of resistance.
That, in itself, speaks
volumes, if you ask me.
The DNA on the duct tape on
the pants are gonna be tested.
If someone else's
DNA is on duct tape
that's adhered to Laci's body,
that indicates someone
else is culpable.
That doesn't get
Scott a new trial.
That releases Scott.
It's the initial stages.
This is not the end of it.
It's just the beginning.
And at least we've got one win.
They still have their
discovery motion
that they can argue
that can bring
additional information to light.
Even if you think the
person is a monster,
under our constitution,
he or she is entitled
to a fair trial,
something Scott
Peterson never got.
Criminal defense is
inherently unfair,
simply because the state
has all the resources.
I think most people
think that the courts
will get it right.
But the problem is, when the
courts don't get it right,
it is incredibly hard to fix.
I don't think you
can honestly say,
in looking at this case, even
if you have questions about it,
that this jury got it wrong.
The jury basically mirrors
what most people in
this country believe
who have looked into this case,
and that is that
Scott Peterson did it.
There is no evidence
of manner of death.
There is no evidence
of cause of death.
There is no evidence of
a crime scene anywhere.
There isn't any evidence
that Scott Peterson
engaged in any violence
involving his wife.
When you know that the jury
ultimately learned all of that
and still convicted him,
you have to ask yourself,
what's going on here?
And that's where, I believe,
the media plays a
significant role.
We've been following what
appears to be movement
in the Laci Peterson case.
All of us were so saturated
with media attention
surrounding this case,
all virtually one-sided,
all against Scott Peterson,
that I believe it
became almost impossible
to make a rational decision.
When ratings speak,
when people realize that
there's a voracious
appetite for a story,
they're going to just rev it up.
And the more the
media revved it up,
the more obsession there was.
A Fox News alert.
A major development in the
case of Scott Peterson.
He was dubbed the Most
Hated Man in America,
convicted of murdering
his wife, Laci.
For the first time
in many years,
we're hearing from the
family of Laci Peterson.
This story was a huge
cottage industry.
"The National Enquirer"
never had it so good.
The families of both
Laci and Scott Peterson
watching in court this week.
People think that there's
some conspiracy as to
what we see in the
mainstream media.
Well, here's what we see.
We see what people want to see
because that's how
they make money.
Friends and family of this
young woman, Laci Peterson.
Careers were made on it.
Within months, I
was working at CNN
and had been a national
reporter since.
In Modesto, Ted Rowlands,
KTVU Channel 2 News.
Nancy Grace was a
reoccurring guest.
Her career absolutely exploded.
A lot of lives were changed
because of the death of
Laci and Conner Peterson.
A baby boy, umbilical
cord still attached.
There was a lot of hatred.
There was a lot of
pretrial coverage
and a conviction in the media.
But otherwise, as
far as evidence,
at least I didn't
see any evidence.
Twenty years later, you have
two very compelling stories,
circumstantial as they may be.
If you think Scott
Peterson is guilty,
yeah, there's a ton of
evidence on your side.
If you think Scott
Peterson is not guilty,
there's some compelling
evidence on your side.
The problem is, there's
no black and white,
here's why we think he
did it or didn't do it.
There's nothing concrete.
And that's what the
LA Innocence Project,
I guess, is after.
Journalism is all
about finding the truth
and holding our public
servants accountable.
At some point, law enforcement
has to engage in this.
It has to open their
minds a little further.
If they go to another
trial, I'm not gonna like it
because it's gonna disrupt
a lot of people's lives.
And the big thing for
me is what it does
to Sharon, Amy, Brent.
When they got the verdict,
they were probably
on the attitude that,
oh, this is all done
and we can resume our lives.
But no, it doesn't
work that way.
People never come to
terms with something
like a murder in their family.
There's no such
thing as closure.
It's something that haunts
you and you live with
for the rest of your life.
It's been 22 years
since Laci went missing.
So really, this tragedy is
it's been part of our
lives for a very long time.
My kids grew up with it.
My nieces and nephews
grew up with it.
We've lived with this
injustice droning
in the background of life.
Our biggest hope
is that we not only
are able to free Scott,
but ultimately find out
what did happen to
Laci and Conner.
We need both.
And Laci deserves both.
Her name is Laci Peterson,
and she has disappeared
without a trace.
Are you in any way connected
to Laci's disappearance?
I had nothing to do with
Laci's disappearance.
- Somebody has Laci.
- Authorities are baffled.
A brown van could back up
a defense theory
Laci was abducted.
$1,000 for someone that
leads us to the persons
responsible for the burglary.
We were shocked to find out that
he'd been having an affair.
I'm only left to question
what else he may be hiding.
A female adult body was
discovered late this morning
by a woman walking
the shoreline.
Murder suspect Scott Peterson
had $10,000 in cash
when he was arrested
near the Mexican border.
A crowd of 250 taunted
and heckled him,
calling him a murderer.
Peterson has been
found guilty of first-
and second-degree murder.
[cheering]
Whoo-hoo! That's
it! I'm happy!
The judge in Scott
Peterson's murder trial
sentenced him,
calling him cruel,
uncaring, and heartless.
Scott got what he deserved.
Key questions remain unanswered
and have left some wondering,
will we ever get to the truth?
[somber music]
♪
Every moment is so real, is
so tactile and still there.
And the smells and the
lighting and the sound
of when I say goodbye to Laci,
I mean, my family was gone.
I drove away, expecting to
come back that afternoon
and have our wonderful
Christmas together
after we both had, you
know, fun mornings.
And no, they were gone.
And it's still
very, very present.
But there are certainly
times that I become a wreck.
Excuse me.
You know, I try not
to be too emotional
when I'm out here in the
day room of the prison.
♪