SACRAMENTO, Calif. (AP) — California prosecutors say they will again seek the death penalty for Scott Peterson even as a county judge considers throwing out his conviction for murdering his pregnant wife because of juror misconduct during a trial that riveted the nation.
The California Supreme Court in August overturned Peterson's 2005 death sentence in a case that attracted worldwide attention.
"Peterson contends his trial was flawed for multiple reasons, beginning with the unusual amount of pretrial publicity that surrounded the case," the court said. "We reject Peterson's claim that he received an unfair trial as to guilt and thus affirmed his convictions for murder."
The court did, however, upheld his 2004 first-degree murder conviction of murdering his wife Laci Peterson.
Peterson appeared in court remotely from San Quentin State Prison north of San Francisco, home to the state's death row.
His sister-in-law says there has been no justice for Peterson's slain wife and unborn child because he is innocent.
Peterson was last seen on Christmas Eve in 2002.
