Brother, Former Lawyer: Peterson Will Not Face Death Penalty

DURHAM, N.C. — Michael Peterson, who has been charged with killing his wife, Kathleen, is currently sitting in the Durham County jail. He claims he did not do it, and some people are fighting for his release.

More than 50 of Peterson's friends, family and supporters stood outside the jail Friday afternoon. A minister led the group in prayer and the group showed their support with silence.

The same day, blood, saliva and hair samples were taken from Peterson, who was indicted on first-degree murder and turned himself in to the magistrate's office in December. He is currently being held without bail.

Kathleen Peterson, a Nortel executive, was found dead in the couple's Durham home December 9. Michael Peterson has said his wife fell down the stairs.

Peterson's brother, Phil, and former attorney Kerry Sutton both say the novelist will not face the death penalty.

They say District Attorney Jim Hardin told Peterson's defense lawyers that he will not seek the death penalty in this case.

There will be a court hearing on Monday when prosecutors will make a formal announcement about whether they will seek the death penalty, and a judge will decide whether Peterson should be eligible for bail.