Monday, August 24, 2020
We are grateful for the California Supreme Court's unanimous recognition that if the state wishes to put someone to death, it must proceed to trial only with a fairly selected jury. Prosecutors may not rely on a jury specifically organized by the state to return a verdict of death. And while we are disappointed that such a biased jury selection process results in a reversal of only the death sentence, we look forward to the Court's review of the new forensic and eyewitness evidence of innocence presented in Mr. Peterson's separate and still pending state habeas petition.
In deciding whether to seek a new death sentence, the question for prosecutors now is whether they can prove Mr. Peterson culpable for this crime to even a single juror seated through a fair jury selection process