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2:51 a.m. • 2-11-12

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Judge denies Mike Peterson's request for new trial


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Michael Peterson - A&E American Justice
Michael Peterson - A&E American Justice

Convicted killer Mike Peterson won't get another day in court after all.

Superior Court Judge Orlando Hudson on Tuesday denied Peterson's motion for a new trial based on allegations that prosecutors withheld evidence in his 2003 murder trial.

Peterson, 65, is serving a life sentence for the Dec. 9, 2001, death of his wife, Kathleen Peterson. She was found dead in a pool of blood at the bottom of a staircase in the couple's home.

He has maintained she died in an accidental fall.

Richmond, Va., attorney Jason Anthony filed a motion on Peterson's behalf in November, alleging prosecutors never disclosed evidence that a tire iron had been found in a neighbor's yard after Kathleen Peterson's death. Peterson's former defense attorneys could have used that evidence to argue that an intruder had killed Kathleen Peterson, Anthony said.

Investigators never found a murder weapon, and prosecutors argued during the trial that Peterson killed his wife with an instrument similar to a fireplace blow poke.

The state Attorney General's Office, which is handling the case because of the allegations of misconduct by Durham County prosecutors, said in its response to the motion that the tire iron was irrelevant to the case.

Peterson's defense team could have presented an “unknown intruder” defense without the tire iron, the state said. Also, tests conducted on the tire iron failed to link it to Kathleen Peterson's death.

Prosecutors have maintained that legal rules in effect at the time of the trial didn't require them to turn over information about the tire iron to the defense, and the Attorney General's Office charged that Peterson wants to try another theory in the case because his first one did not convince a jury.

Anthony said he plans to continuing pressing for a new trial for Peterson, declining to be more specific.

"It’s a case we’ve invested tremendous resources in, and we are moving upwards," he said.

RELATED TOPICS: Durham County, Durham, Richmond County

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22 Comments


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ranquick - "My guess he will take it to a higher court now". Do you mean the State Supreme Court? He has already done that. Federal Court? The District Court refused to hear the case and returned it to the State Courts. And so on and so on.... Let me ask you the question that the courts have asked; what did the trial judge do wrong that could be considered a reversible error? Did Peterson receive adequate representation in court? Did the prosecutor do something that violates the evidentially process? Did a witness lie on the stand? Was a witness deemed insane? Was a witness paid for their testimony? Was Peterson incorrectly charged? You see, the courts have to rule on something other than it was 'unfair' the he was convicted - or he has suffered enough - or there wasn't enough evidence to convict?

Good!! He should have thought about that before he killed his wife.

No new trial? Well OWL be darned!

explain the blood spatter inside the leg of his shorts...

Maybe the owl dropped the tire iron.

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