Will Scott Peterson Get out of Prison? It Could Happen Thanks to Some Outside Help
The Los Angeles Innocence Project says new evidence supports Scott Peterson's claims that he did not kill his wife and unborn son.
![Jennifer Tisdale - Author](https://media.distractify.com/brand-img/bcjVC4469/200x200/jennifer-tisdale-1653380068132.jpg)
Published Aug. 13 2024, 6:43 p.m. ET
![A kid holds up a newspaper declaring Scott Peterson is guilty](https://media.distractify.com/brand-img/ZwXNDd7kT/480x251/when-will-scott-peterson-be-released-1-1723588446311.jpg 480w, https://media.distractify.com/brand-img/ZwXNDd7kT/640x335/when-will-scott-peterson-be-released-1-1723588446311.jpg 640w, https://media.distractify.com/brand-img/ZwXNDd7kT/768x402/when-will-scott-peterson-be-released-1-1723588446311.jpg 768w, https://media.distractify.com/brand-img/ZwXNDd7kT/1024x536/when-will-scott-peterson-be-released-1-1723588446311.jpg 1024w, https://media.distractify.com/brand-img/ZwXNDd7kT/1280x670/when-will-scott-peterson-be-released-1-1723588446311.jpg 1280w, https://media.distractify.com/brand-img/ZwXNDd7kT/1440x753/when-will-scott-peterson-be-released-1-1723588446311.jpg 1440w, https://media.distractify.com/brand-img/ZwXNDd7kT/1600x837/when-will-scott-peterson-be-released-1-1723588446311.jpg 1600w, https://media.distractify.com/brand-img/ZwXNDd7kT/2160x1130/when-will-scott-peterson-be-released-1-1723588446311.jpg 2160w)
Scott Peterson has always maintained his innocence, and has never changed his story since being convicted of first and second-degree murder in November 2004. On Christmas Eve in 2002, his pregnant wife Laci Peterson disappeared. Four months later, the decomposed body of Laci along with her unborn fetus washed upon the shores of the San Francisco Bay.
It would later be revealed that Peterson had been having an affair with a woman named Amber Frey. Many believed this was his motive for committing the murders. Peterson's lawyer and his sister-in-law, Janey Peterson, say Laci's death was connected to a recent burglary in the couple's neighborhood. It's been over two decades since this tragedy occurred, and Peterson has yet to give up on getting out of prison. When will he be released? Here's what we know.
![Missing persons flyer for Laci Peterson](https://media.distractify.com/brand-img/m2V9nGZC7/480x252/when-will-scott-peterson-be-released-2-1723588558307.jpg 480w, https://media.distractify.com/brand-img/m2V9nGZC7/640x335/when-will-scott-peterson-be-released-2-1723588558307.jpg 640w, https://media.distractify.com/brand-img/m2V9nGZC7/768x402/when-will-scott-peterson-be-released-2-1723588558307.jpg 768w, https://media.distractify.com/brand-img/m2V9nGZC7/1024x536/when-will-scott-peterson-be-released-2-1723588558307.jpg 1024w, https://media.distractify.com/brand-img/m2V9nGZC7/1280x670/when-will-scott-peterson-be-released-2-1723588558307.jpg 1280w, https://media.distractify.com/brand-img/m2V9nGZC7/1440x754/when-will-scott-peterson-be-released-2-1723588558307.jpg 1440w, https://media.distractify.com/brand-img/m2V9nGZC7/1600x838/when-will-scott-peterson-be-released-2-1723588558307.jpg 1600w, https://media.distractify.com/brand-img/m2V9nGZC7/2160x1131/when-will-scott-peterson-be-released-2-1723588558307.jpg 2160w)
When will Scott Peterson be released from prison?
After DNA testing confirmed the identities of the two bodies were Laci and her unborn son, Peterson was arrested on April 18, 2003, per ABC 7. His hair had been dyed blonde and police found $15,000 in cash, several cell phones, and his brother's license on his person. His five-month trial lasted from June 2004 to November 2004. He was found guilty and initially sentenced to death by lethal injection.
The death penalty sentence was overturned by the California Supreme Court in August 2020. "The trial court made a series of clear and significant errors in jury selection that, under long-standing United States Supreme Court precedent, undermined Peterson's right to an impartial jury at the penalty phase," they said in their decision. His conviction was upheld and Peterson was resentenced to life in prison without parole. He is currently incarcerated at Mule Creek State Prison.
The Los Angeles Innocence Project agreed to take over Scott Peterson's case.
The Los Angeles Innocence Project (LAIP), not to be confused with the Innocence Project, "provides pro bono investigatory services and legal representation to indigent individuals in Central and Southern California who were convicted of crimes they did not commit." In January 2024, they decided to take a swing at Peterson's case.
Since then, the LAIP has stated in filings obtained by ABC News that "[n]ew evidence now supports Mr. Peterson's longstanding claim of innocence and raises many questions into who abducted and killed Laci and Conner Peterson." After going through Peterson's original trial files, his attorneys have stated they cannot locate dozens of items that should be in evidence.
Some of the missing items reference the burglary theory posited by Peterson's original attorneys as well as his sister-in-law. They are also searching for interviews with various witnesses, some of whom are unwilling to speak with Petersons current lawyers due to the high-profile nature of his case. Despite these hiccups, the organization continues to move forward with "investigating his claim of actual innocence." It's the best and only option for Peterson, in terms of getting out of prison.