A reporter who was granted access to
the death row wing where convicted murderer Scott Peterson is being held
has released pictures and details of what is life on the inside is
like.
Nancy Mullane became the first reporter to enter death row in California in almost a decade, something she worked tirelessly for years to achieve so she could write her book Life After Murder.
Speaking to Matt Lauer, she revealed she has been going inside San Quentin prison since 2007 when she was allowed to take pictures and talk to some of the inmates.
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It was only later that she realized
Peterson - who was convicted of killing his wife and unborn child in
2004 - was in the pictures.
She told Lauer he has been moved to a more 'prisoner-friendly' wing of death row, where he has his own cell and is allowed up to five hours a day outside exercising or shooting hoops.
She said: 'He is in a very confined environment living in this tier of the building which is a more prisoner-friendly section of death row with 68 other inmates. He has access to the roof from his tier.'
There are three death row sections in the prison - one with maximum security for 'problem prisoners', another generic wing where around 600 inmates live, and the more relaxed tier which Peterson shares with around 70 other convicts.
Scott Peterson filed an appeal of his 2004 death sentence to the California Supreme Court in July, saying, as he has always maintained, that he had nothing to do with the murders of Laci, his wife, and Conner, the child she was carrying.
Peterson's attorney, noted death penalty lawyer Cliff Gardner, filed the 423-page document eight years after a San Mateo County jury found the former fertilizer salesman guilty of suffocating Laci and dumping her in the San Francisco Bay on Christmas Eve 2002.
Gardner claims that the
overwhelming publicity Peterson's trial received, incorrect evidentiary
rulings and other mistakes deprived him of a fair trial.
The murderer was convicted in 2004 after a trial that his attorney argues surpassed the O.J. Simpson murder trial in terms of publicity. Such was the hype surrounding the trial that it was ordered moved from Stanislaus County of the Petersons' home, to San Mateo County.
But Gardner argued that the trial should have been moved yet again because of the crush of publicity in San Mateo County.
'Before hearing even a single witness, nearly half of all prospective jurors admitted they had already decided Mr Peterson was guilty of capital murder,' Gardner argues.
And in what may be a first for the American system of justice, outside the courthouse in which the parties would try to select a fair jury, a radio station posted a large billboard which had a telephone number for people to call in and vote 'whether Peterson was a man or monster'.
Peterson was pictured in an orange jailhouse jumpsuit.
'The publicity continued throughout trial,' Gardner argued. 'A mob estimated at more than 1,000 people gathered at the courthouse to await the guilt phase verdict.
'After the guilty verdict was announced, the 12 jurors departing to await the beginning of the penalty phase - and decide whether Mr. Peterson would live or die - were met with wild applause and cheering.'
Beyond issues with the publicity, Gardner argues the judge made several erroneous evidentiary decisions and other rulings that led to Peterson receiving an unfair trial.
Gardner notes that Peterson was convicted and sentenced to death even though investigators never directly proved 'how, where or when' the murder occurred.
Prosecutors told the jury that Laci was killed sometime between the night of December 23, 2002 and the following morning. They believed she was suffocated in her home, but Gardner argues that there was little direct evidence collected at the house to support that theory.
Peterson claims that Laci was killed sometime after he left their Modesto home the morning of December 24, 2002 to go fishing in the San Francisco Bay.
The fetus was found washed up
in San Francisco Bay in April 2003, and the next day Laci's torso was
located. Scott had been fishing in the area when she disappeared.
A mistress, Amber Frey, came forward and later testified to say she had been having an affair with Peterson but he never told her he was married.
Gardner goes on to complain that the judge automatically excluded prospective jurors who said they opposed the death penalty.
He argues that those jurors should have been questioned more about whether they could still decide the case fairly.
Gardner also claims that some of the prosecution's strongest evidence should never have been shown to the jury. For instance, Gardner alleges that the police dog who picked up Laci's scent at the Berkeley Marina 'even though the dog had a dismal record of being wrong a remarkable 66 per cent of the time.'
The thick legal brief delves into numerous other issues alleging incorrect rulings, juror misconduct and other errors.
All death penalty cases are appealed to the California Supreme Court, which is struggling to keep up with the pace of cases.
There are 725 inmates on Death Row and no prisoner has been executed in California since January 2006. Lawsuits in federal and state courts have temporarily halted executions.
The appeal is expected to take months, if not years, to be resolved.
Nancy Mullane became the first reporter to enter death row in California in almost a decade, something she worked tirelessly for years to achieve so she could write her book Life After Murder.
Speaking to Matt Lauer, she revealed she has been going inside San Quentin prison since 2007 when she was allowed to take pictures and talk to some of the inmates.
Scroll down for video
Death sentence: Scott Peterson was convicted in 2004 of the murder of his wife, Laci, and their unborn son
Inside: Pictures of Scott Peterson, pictured in
blue T-shirt, on Death Row have been released by reporter Nancy Mullane
who was granted access to the prison
Up close: The door to Peterson's cell, which he lives in alone, bears his picture and prisoner number
Leisure time: Peterson is allowed up to five hours outside every day where he can shoot hoops with other inmates or exercise
Under lock and bolt: The barred and barricaded entrance to the 'condemned row'
She told Lauer he has been moved to a more 'prisoner-friendly' wing of death row, where he has his own cell and is allowed up to five hours a day outside exercising or shooting hoops.
She said: 'He is in a very confined environment living in this tier of the building which is a more prisoner-friendly section of death row with 68 other inmates. He has access to the roof from his tier.'
There are three death row sections in the prison - one with maximum security for 'problem prisoners', another generic wing where around 600 inmates live, and the more relaxed tier which Peterson shares with around 70 other convicts.
Scott Peterson filed an appeal of his 2004 death sentence to the California Supreme Court in July, saying, as he has always maintained, that he had nothing to do with the murders of Laci, his wife, and Conner, the child she was carrying.
Peterson's attorney, noted death penalty lawyer Cliff Gardner, filed the 423-page document eight years after a San Mateo County jury found the former fertilizer salesman guilty of suffocating Laci and dumping her in the San Francisco Bay on Christmas Eve 2002.
Home: The convicted murderer has his own cell, identical to those pictured, though Nancy was not allowed access inside
Access: Peterson has been moved to a more 'prisoner-friendly' tier of death row, according to Nancy
Daily life: Scott Peterson is seen walking through the prison door of his tier to go to his cell
The murderer was convicted in 2004 after a trial that his attorney argues surpassed the O.J. Simpson murder trial in terms of publicity. Such was the hype surrounding the trial that it was ordered moved from Stanislaus County of the Petersons' home, to San Mateo County.
'Before hearing even a single witness, nearly half of all prospective jurors admitted they had already decided Mr Peterson was guilty of capital murder,' Gardner argues.
And in what may be a first for the American system of justice, outside the courthouse in which the parties would try to select a fair jury, a radio station posted a large billboard which had a telephone number for people to call in and vote 'whether Peterson was a man or monster'.
Change: When Peterson was finally arrested, he had dyed his hair blonde and grown a goatee to disguise his appearance
Inmate: Scott Peterson was transported to San
Quentin Prison death row after he was formally sentenced to death for
the murder or his wife Laci and their unborn son
Resident: The East Block Condemned Row II at San
Quentin State Prison in San Quentin California, where Peterson is
housed as he awaits his execution
'The publicity continued throughout trial,' Gardner argued. 'A mob estimated at more than 1,000 people gathered at the courthouse to await the guilt phase verdict.
'After the guilty verdict was announced, the 12 jurors departing to await the beginning of the penalty phase - and decide whether Mr. Peterson would live or die - were met with wild applause and cheering.'
Beyond issues with the publicity, Gardner argues the judge made several erroneous evidentiary decisions and other rulings that led to Peterson receiving an unfair trial.
Gardner notes that Peterson was convicted and sentenced to death even though investigators never directly proved 'how, where or when' the murder occurred.
Prosecutors told the jury that Laci was killed sometime between the night of December 23, 2002 and the following morning. They believed she was suffocated in her home, but Gardner argues that there was little direct evidence collected at the house to support that theory.
Peterson claims that Laci was killed sometime after he left their Modesto home the morning of December 24, 2002 to go fishing in the San Francisco Bay.
Highly publicized: Scott Peterson has always maintained his innocence and claims he did not get a fair trial
Innocent?: Peterson claims that Laci was killed
sometime after he left their Modesto home the morning of December 24,
2002 to go fishing in the San Francisco Bay.
A mistress, Amber Frey, came forward and later testified to say she had been having an affair with Peterson but he never told her he was married.
Gardner goes on to complain that the judge automatically excluded prospective jurors who said they opposed the death penalty.
He argues that those jurors should have been questioned more about whether they could still decide the case fairly.
Gardner also claims that some of the prosecution's strongest evidence should never have been shown to the jury. For instance, Gardner alleges that the police dog who picked up Laci's scent at the Berkeley Marina 'even though the dog had a dismal record of being wrong a remarkable 66 per cent of the time.'
The thick legal brief delves into numerous other issues alleging incorrect rulings, juror misconduct and other errors.
All death penalty cases are appealed to the California Supreme Court, which is struggling to keep up with the pace of cases.
There are 725 inmates on Death Row and no prisoner has been executed in California since January 2006. Lawsuits in federal and state courts have temporarily halted executions.
The appeal is expected to take months, if not years, to be resolved.
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