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SACRAMENTO, Calif. (AP) -- The California Supreme Court overturned the 2005 death sentence for Scott Peterson in the slaying of his pregnant wife.The court says prosecutors may try again for the same sentence if they wish in the high-profile case. It upheld Peterson's 2004 conviction of murdering his wife Laci Peterson.Laci Peterson was eight months pregnant with their unborn son, and investigators said that on Christmas Eve in 2002, Scott Peterson dumped the bodies from his fishing boat into San Francisco Bay.The court on Monday said the trial judge made several significant errors in jury selection that undermined Peterson's right to an impartial jury at the penalty phase.The court ruled potential jurors for the death penalty phase were improperly dismissed after saying they disagreed with the death penalty but would be willing to impose it."The trial judge made a mistake by kicking those people off the jury, so the only people that sat on the jury were in the death penalty camp," said criminal defense attorney Gretchen von Helms.Prosecutors will now decide whether to retry the sentencing phase.While the sentence was overturned, the court affirmed the murder convictions. "The sentencing was a positive step. The other decision (convictions affirmed) was about what we expected. Now we go to the habeas appeal," said Lee Peterson, Peterson's father.The court will examine the case again when it decides a separate habeas corpus challenge, based on evidence. not presented at the original trial. Peterson's father declined to talk about the arguments in the appeal, but says he's expecting a development within the next four months.Peterson's family issued this full statement in response to the court's decision:Our family is sincerely grateful that the California Supreme Court recognized the injustice of Scott’s death penalty. For a long and difficult 18 years, we have believed unwaveringly in Scott’s innocence, so today’s decision by the court is a big step toward justice for Laci, Conner and Scott.Now our family will do two things: First, we wait for Stanislaus County District Attorney Birgit Fladager to decide whether to pursue a new penalty phase trial. If the DA elects to do so, a new jury would be seated, and they would hear all the evidence. They would then decide only Scott’s sentence: life without the possibility of parole or the death penalty. While we hope for the opportunity to present the new evidence to a jury, it is not likely that this penalty phase trial will happen. The case against Scott has weakened to the point where no jury would ever sentence him to death again and the District Attorney is aware of these facts.Second, we wait for the court to address the new forensic and eyewitness evidence we have submitted that shows Laci was alive the morning of December 24th and demonstrates Scott’s innocence. When the court reviews this in the coming months, we are confident they will grant Scott a new guilt phase trial.Our family has been deeply moved by the outpouring of support not only from family and friends but also from the hundreds of people from all walks of life who have shared their faith in Scott’s innocence. For more information on the case, please visit our website at ScottPetersonAppeal.org. 3275

ROME (AP) — Italian composer Ennio Morricone has died at the age of 91.Morricone created the coyote-howl theme for the iconic Spaghetti Western “The Good, the Bad and the Ugly” and the soundtracks such as classic Hollywood gangster movies as “The Untouchables.”During a career that spanned decades and earned him an Oscar for lifetime achievement in 2007, Morricone collaborated with some of the most renowned Italian and Hollywood directors, in movies including “The Untouchables” by Brian de Palma, “The Hateful Eight” by Quentin Tarantino and “The Battle of Algiers” by Gillo Pontecorvo.In total, he produced more than 400 original scores for feature films. 668

SACRAMENTO, Calif. (AP) — California Gov. Jerry Brown ordered new DNA tests that a condemned inmate says could clear him in a 35-year-old quadruple murder case, which has drawn national attention.On Monday, Brown ordered new testing on four pieces of evidence that Kevin Cooper and his attorneys say will show he was framed for the 1983 Chino Hills hatchet and knife killings of four people. The items that will be tested are a tan T-shirt and orange towel found near the scene and the hatchet handle and sheath.Brown also appointed a retired Los Angeles County Superior Court judge to serve as a special master overseeing the case.Cooper was convicted in 1985 of killing Doug and Peggy Ryen, their 10-year-old daughter Jessica and 11-year-old neighbor Christopher Hughes. Prosecutors say Cooper's claims of innocence have been disproven multiple times, including by prior DNA testing, but Cooper and his attorney argue evidence against him was planted."I take no position as to Mr. Cooper's guilt or innocence at this time, but colorable factual questions have been raised about whether advances in DNA technology warrant limited retesting of certain physical evidence in this case," Brown wrote in his executive order.New York Times' columnist Nicholas Kristof, U.S. Sen. Kamala Harris, state Treasurer John Chiang and reality television star Kim Kardashian are among people who called for Brown to order new DNA tests. Cooper had his execution stayed in 2004, which drew national attention at the time.The purpose of the new testing, he wrote, is to determine whether another suspect's DNA or the DNA of any other identifiable suspect is on the items. If the tests reveal no new DNA or DNA that cannot be traced to a person, "this matter should be closed," Brown wrote.Two previous tests showed Cooper, 60, was the killer, argued San Bernardino County District Attorney Mike Ramos. He previously said the tests proved Cooper had been in the home of the Ryens, smoked cigarettes in their stolen station wagon, and that Cooper's blood and the blood of at least one victim was on a T-shirt found by the side of a road leading away from the murders.Cooper's attorney, Norman Hile, said his client's blood was planted on the T-shirt, and that more sensitive DNA testing would show who wore it. He contends that investigators also planted other evidence to frame his client, a young black man who escaped from a nearby prison east of Los Angeles two days before the murders.Other evidence points to the killers being white or Hispanic, Cooper's supporters say.A San Diego judge in 2011 blocked Cooper's request for a third round of DNA testing.Cooper's scheduled execution in 2004 was stayed when a federal appellate court in San Francisco called for further review of the scientific evidence, but his appeals have been rejected by both the California and U.S. supreme courts. Former Gov. Arnold Schwarzenegger twice denied Cooper's clemency petitions.California hasn't executed anyone since 2006.Brown issued his Christmas Eve order alongside 143 pardons and 131 commutations. They are expected to be his last clemency actions as governor, but he has until he leaves office Jan. 7 to act. 3194

020, this is going to be an unprecedented peak season. We’ve actually seen three years of growth in e-commerce pulled forward. So we are expecting a ton of volume.”Carole B. Tome, CEO of UPS, told analysts last month she expects “a pretty peaky peak.”Amazon, which has been growing its own delivery network so it doesn’t have to rely as much on UPS and the U.S. Postal Service, is nonetheless warning shoppers not to wait until the last minute to buy gifts. While the world’s largest online retailer delivers more than half of its packages itself, it still relies on other carriers to get orders to shoppers.“It’s going to be tight for everyone and we will all be stretched,” said Brian Olsavsky, Amazon’s chief financial officer. “And it’s advantageous to the customer, and probably the companies, for people to order early this year.”Satish Jindel, the president of ShipMatrix, which analyzes shipping package data, predicts 7 million packages a day could face delays from Thanksgiving to Christmas. That’s because he’s expecting a total shipping capacity for the industry to be 79.1 million parcels a day during the 34-day period, with 86.3 million packages looking for space. Last year, total capacity was 65.3 million packages with demand at 67.9 million packages a day.Right now, Jindel is predicting delivery delays of one or two days for parcels.U.S. online holiday sales are expected to shatter previous records. Adobe Analytics, which measures sales at 80 of the top 100 U.S. online retailers, predicts a total of 9 billion in online holiday sales, a 33% increase compared to last year. That’s equal to two years worth of holiday e-commerce sales growth shoved into one season.But even with the online surge, overall holiday sales are expected to see only modest gains compared to recent years. Consulting firm Deloitte expects total sales, including online, to rise between 1% and 1.5% during the November through January period. That’s compared with a 4.1% increase last year for the November and December period, according to an analysis by the National Retail Federation. The trade group says it won’t be coming out with a forecast until this month given so much uncertainty.Retailers can’t afford to upset shoppers with delayed deliveries or gifts that come after Christmas so they’re stepping up their game.Kohl’s says it has tens of thousands of items on its website available for curbside pickup. The retailer doubled the number of drive-up parking spaces at its store locations to support increased demand. Likewise, Target has also doubled the number of parking spaces for its drive up services, to 8,000.Meanwhile, carriers have added holiday surcharges to certain packages, a blow to retailers already struggling with higher costs during COVID. Jindel says the U.S. Postal Service might be a good alternative for retailers now that it has gotten through the deluge of mail-in ballots during the elections. He estimates that the Postal Service’s temporary surcharges mostly range from 25 cents to 40 cents per package is considerably lower than to per package at major carriers.“Our network is designed to handle temporary and seasonal increases in volume and we have the ability to deliver those additional holiday packages in a timely manner,” said Kimberly Frum, a spokeswoman at the U.S. Postal Service.For the holidays, FedEx is hiring 70,000 workers, while UPS is in the throes of hiring more than 100,000 temporary employees.Lee Spratt is the Americas CEO for DHL eCommerce Solutions, a division that specializes in processing small packages for mid- to large-size shippers. He predicts online shopping to be up to 50% higher this holiday season compared to the year-ago period. The division has already been grappling with a 40% surge in online orders since the pandemic began.It’s hiring 900 more permanent workers to its current labor force of 3,000. It also will hire 1,400 temporary workers, about the same as last year because the company is investing in more permanent workers instead.In September and October, it also upgraded and some cases added new sorting machines in six key cities including Baltimore and Atlanta, in order to process more parcels.___AP Retail Writers Alexandra Olson and Joseph Pisani in New York contributed to this report._______Follow Anne D’Innocenzio: http://twitter.com/ADInnocenzio 5427

SACRAMENTO, Calif. (AP) — California's Democratic legislative leaders have reached an agreement on the state budget. The plan would cover the state's estimated .3 billion shortfall while avoiding most of Gov. Gavin Newsom's proposed budget cuts to public education and health care services. The agreement is similar to a plan the state Senate released last week. That plan avoids the most painful cuts by delaying billions of dollars in spending into future years. The agreement reached Wednesday includes more money for homeless services and universities. Senate President Pro Tem Toni Atkins says the plan ensures full funding for public schools. 659