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Judge Sets Date in Michael Peterson Civil Trial

A Durham judge has set a trial date of June 25 in the wrongful death lawsuit against a Durham novelist convicted of killing his wife.

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Michael Peterson - A&E American Justice
RALEIGH, N.C. — A Durham judge Thursday set June 25 as the trial date in a wrongful death lawsuit against Durham novelist Michael Peterson.

Peterson was convicted in October 2003 of killing his wife, Kathleen Peterson. She was found dead at the bottom of a staircase in the couple's home in December 2001.

Caitlin Atwater, Peterson's stepdaughter, filed a civil lawsuit against him in October 2002, but the trial has been delayed because of Peterson's criminal appeal and a bankruptcy filing.

Superior Court Judge Orlando Hudson, who presided over the criminal case in 2003, will handle the civil lawsuit. He also ruled Thursday that Atwater's attorney, Jay Trehy, can depose the convicted killer within the next few weeks.

It would be the first time Peterson's responses to such questions would be on record during a court proceeding. He never testified at his criminal trial and has maintained that his wife died because of a fall down the stairs.

Hudson ruled in 2004 that, based on the criminal conviction, Peterson was financially liable for Kathleen Peterson's death. Jurors in the civil trial would have to determine only how much money Atwater should receive, if any.

Trehy acknowledged that Peterson probably wouldn't be able to pay Atwater, but said that a civil judgment would show that Kathleen Peterson's life had value.

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