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Former juror, attorney weigh in on group's claims of new evidence in Scott Peterson murder case

Scott Peterson's attorneys file motion for new DNA testing
Scott Peterson's attorneys file motion for new DNA testing 03:16

MODESTO -- A decades-old murder case that started with a missing, pregnant young woman in Modesto and ended with bodies found in the San Francisco Bay now has a new twist. 

It's a push for freedom for Scott Peterson. The notorious convicted murderer is more than 20 years into serving a life sentence for killing his wife Laci Peterson and their unborn child in 2002. 

Peterson's case has been taken up by the LA Innocence Project (LAIP), a group that focuses on wrongful convictions. 

The LAIP has not revealed exactly what new evidence they have, but their court filings center around a burglary near the Peterson home at the time of Laci's disappearance on Christmas Eve. They also mention a related van fire, with the filings alleging blood evidence was collected from the van at the time. 

Paula Mitchell, LAIP director and attorney for Scott Peterson, filed court documents in San Mateo county court on Wednesday, Jan. 17 asking for old case evidence from the Stanislaus County District Attorney's Office to be turned over and for new DNA testing.

The end goal is a new trial for Scott Peterson on the "claim of actual innocence that is supported by newly discovered evidence," the documents read. 

"I have never, never looked back and had any doubt as to his guilt," Mike Belmessieri told CBS13. 

Belmessieri was one of the original jurors that convicted Scott Peterson after more than five long months of trial in 2004. He says he has remained confident every day since in their verdict.

"The only time I lost sleep over the Scott Peterson trial was during the trial. That was wanting to be sure I got everything right in what I heard," said Belmessieri. 

However, he says he is supportive if evidence exonerates Peterson.

"If there is new evidence and it sets him free, then that's the way it goes, the way the system works, right? We don't want to see someone wrongly convicted and sent to prison," said Belmessieri. 

This is not the convicted killer's first bid for freedom.

Scott Peterson tried unsuccessfully to get a new trial in 2022

"Because Peterson has already been denied a new trial, how does it move forward?" CBS13 reporter Ashley Sharp asked Sacramento defense attorney Mark Reichel. 

"If there is new evidence that would make it likely he could be acquitted, or not convicted again, there is a chance he could get a new trial," answered Reichel. 

He adds that in this case, new evidence can also be old evidence.

"That same evidence that was available wasn't used at the trial or was used in the wrong way. If you apply it this way, this way we think fits better now, it would result in a possible acquittal," said Reichel. 

It's a claim of innocence after more than 20 years locked up.

The question now: will the truth set Peterson free, or will his push fall flat?

Scott Peterson's former attorney Pat Harris told CBS13 in a statement, "We are very excited to have the incredibly talented attorneys from the LA Innocence Project lend their considerable expertise to helping prove Scott's innocence." 

Scott Peterson has maintained his innocence since day one. 

CBS13 asked the LA Innocence Project for an interview on their involvement in the case, they responded only with a statement reading, "The Los Angeles Innocence Project represents Scott Peterson and is investigating his claim of actual innocence. We have no further comment at this time." 

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