The Stanislaus County District Attorney will not pursue the death penalty retrial against Scott Peterson, according to court documents.
According to the court document, the DA has requested the court set a date for Peterson’s resentencing.
A judge is considering whether to grant a new trial because of juror misconduct. If no new trial is granted, he will be sentenced to life imprisonment without parole.
“While the family of Laci and Conner believe there is no doubt that defendant is guilty of these crimes and that his conduct warrants the death penalty and defendant is deserving of the punishment of death, the family has decided this process is simply too painful to endure once again,” court documents read.
In 2005, Peterson was sentenced to death for the murders of his wife, 27-year-old Laci, and their unborn son, Conner.
Investigators say Peterson took his wife’s body from their Modesto home and dumped it from his fishing boat into San Francisco Bay, where it surfaced months later. Peterson has maintained his innocence.
Peterson’s death sentence from 2005 was vacated by the California Supreme Court over “significant errors” during the jury selection process as it related to views on the death penalty.
Peterson’s legal team, meanwhile, is seeking a new trial arguing that the entire 2005 trial was tainted.
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