Durham, N.C. — Durham novelist and one-time mayoral candidate Mike Peterson is seeking to end his house arrest and electronic monitoring while he awaits a new trial in the 2001 death of his wife.
The North Carolina Court of Appeals last week upheld a Superior Court judge's decision to grant Peterson a new trial, ruling that misleading testimony by a key prosecution witness during his 2003 murder trial violated his constitutional rights.
Peterson has been out on bond since December 2011, but conditions of the bond included that he remain under house arrest and wear a monitoring bracelet on his ankle.
In a motion filed this week, Peterson's attorneys argue that Peterson has met all conditions of his bond for more than 18 months and should be allowed more freedom before his trial.
Sources have told WRAL News that Durham County prosecutors plan to retry Peterson, although they could still appeal the recent ruling to the North Carolina Supreme Court.
Kathleen Peterson was found dead in a pool of blood at the bottom of a staircase in the Petersons' upscale Durham home on Dec. 9, 2001. Prosecutors were never able to establish a clear motive and didn't find a murder weapon, and Mike Peterson has long denied any involvement in her death.
Peterson also sought release from his ankle monitor last August, saying the device was painful because he has sciatica. A judge refused that request.
An Aug. 23 court hearing has been scheduled on his latest motion.