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AG's Office to handle Peterson hearing

Posted December 11, 2008

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— The state Attorney General's Office will handle a court hearing on claims by convicted killer Mike Peterson that prosecutors withheld evidence in his 2003 murder trial.

Superior Court Judge Orlando Hudson agreed last week to hear evidence on the matter, but no court date has been set.

An attorney representing Peterson filed a motion last month seeking a new trial for Peterson, who was convicted of first-degree murder in the Dec. 9, 2001, death of his wife, Kathleen Peterson.

Kathleen Peterson was found dead in a pool of blood at the bottom of a staircase in the couple’s Forest Hills mansion. Mike Peterson has maintained his wife died in an accidental fall.

Mike Peterson, 65, is serving a life sentence at Nash Correctional Institution. Last November, the state Supreme Court upheld his conviction.

The Attorney General's Office has handled all appeals in the case following his conviction.

The motion alleges that prosecutors withheld evidence of a tire iron during the murder trial, impairing the efforts of defense attorneys to argue that an intruder had killed Kathleen Peterson.

The day after Kathleen Peterson’s death, a man who lived a few blocks away found a tire iron in his yard. Police and prosecutors didn't follow up on the discovery until part way through the trial, Anthony said, and they didn't share any information about the tire iron with Mike Peterson's former attorneys.

Durham County District Attorney David Saacks, who helped prosecute Mike Peterson, has said the tire iron wasn't connected to the case and that rules of discovery in effect at the time of the trial didn't require prosecutors to turn over information it to the defense.

A murder weapon was never found in the case. Prosecutors argued during the trial that Mike Peterson killed his wife with a fireplace blow poke.

8 Comments

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  • DontLikeTheSocialistObama Dec 12, 2008

    Peterson was Nifonged by the Durham DA.

    The State AG is going to make another ruling showing that the Durham DA rushed to an invalid judgement.

  • whocares Dec 11, 2008

    Doesn't it stand to reason that if she was killed with a tire iron that the coronor would have said so. I am sure that the coronor's office is not stupid. I am sure that they can tell the difference between a tire iron and something else to hit her in the head. The owl did it. He was the intruder and then he flew with the tire iron in his beek to the neighbor's house so it could be found. Quit wasting tax payers money with this nonsense.

  • oneday8035 Dec 11, 2008

    I hear crickets...or maybe it's an owl.

  • jkbird Dec 11, 2008

    I can't believe they keep pushing intruder theory when Peterson was at home when the "accident" happen. This is called trying to create reasonable doubt, not proof of innocence.

  • lazerdoc Dec 11, 2008

    A swift death penalty would have prevented all of this waste.

  • iron fist Dec 11, 2008

    With Cooper's office handling the case Peterson is wasting his time.

  • are you kidding me Dec 11, 2008

    Because they need to do that sir!

  • Drakula_I_G Dec 11, 2008

    And after "accidentally falling" he "accidentally" stepped on her in the middle of her back leaving a bloody footprint.
    WHY are they wasting taxpayer money on this total nonsense?