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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
SACRAMENTO, Calif. (AP) — California's governor announced Friday that he is pardoning three more immigrants facing the possibility they will be deported, continuing a string of such actions that challenge the Trump administration's crackdown on immigrants who committed crimes.Gov. Gavin Newsom also commuted the life sentences of two youthful offenders who can now seek parole.Newsom's office said the three facing deportation "made bad decisions" while breaking the law as teenagers or young adults, but they served their sentences and transformed their lives. Deporting them now would be "an unjust collateral consequence" harming their families and communities.The three hail from Iran, El Salvador and Cambodia, but all now live in Los Angeles County. He also pardoned a fourth man, Curtis Reynolds, 59, of Sacramento County, who was convicted of six drug felonies between 1998 and 2003.Pardons do not automatically protect someone from deportation because they don't erase the criminal convictions on which deportation orders often are based. But they do emphasize the person's rehabilitation. Superior court judges previously granted two of the three immigrants, plus Reynolds, certificates of rehabilitation and recommended that they receive pardons.Newsom and his predecessor, fellow Democrat Jerry Brown, have granted several such commutations since Trump took office.The three newly pardoned immigrants are:— Arnou Aghamalian, 42, who was convicted 20 years ago of helping his cousin set an unoccupied car on fire. The car belonged to a nightclub manager who had been arguing with his cousin. Aghamalian now owns a solar energy company and has a wife and twin newborns, according to Newsom's office. He legally entered the U.S. as a refugee from Iran with his family when he was 15.— Victor Ayala, 38, who was convicted of felony robbery in 2001 when he shoved a security guard after shoplifting items from an electronic store. He had four prior misdemeanor convictions for theft and a hit and run in which no one was injured. The father of three now runs a carpet cleaning business. He was 2 years old when he and his parents lawfully came to the U.S. from El Salvador.— Thear Sam, 41, who was convicted of robbing a man of his wallet and backpack when he was 18. He was later convicted of being an accessory after he separately gave a man a ride after the man stole a car, led police on a high-speed chase and escaped on foot. He has worked more than 17 years for an aviation company, and his wife and daughter are both U.S. citizens. He was 4 when he lawfully entered the U.S. as a refugee from Cambodia fleeing the Khmer Rouge.Separately, the two men whose life sentences Newsom commuted can now go before the state parole board, which will decide if they can be safely released into the community. They also are both from Los Angeles County:— Esdvin Flores, 44, has served more than 20 years for pointing a gun at a victim while his crime partner pulled a gold chain from her neck. Newsom's office said he has since been mentoring at-risk youth.— Jensen Ramos, 35, has served 17 years for attempted murder after shooting at a fleeing vehicle following a fight at a house party, though no one was injured. He is a lead trainer in the Paws for Life rescue dog training program, which says it has had the most commutations of life sentences of any program in the state.The Los Angeles County District Attorney's Office declined comment. 3457
SACRAMENTO, Calif. (AP) -- California has surpassed 10,000 deaths from the coronavirus, making it the U.S. state with the third-highest number of deaths since the pandemic broke out earlier this year.The figure was reported Friday, with 10,024 dead since the coronavirus was detected in California in February.New York and New Jersey have the highest and second highest number of deaths in the U.S. at 32,000 and 16,000, respectively.The first known COVID-related death in the U.S. occurred in early February in the San Francisco Bay Area county of Santa Clara. 569
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
SACRAMENTO, Calif. (KGTV) - A bill working its way through the California State Legislature could require bike lanes and other "active transportation" amenities to be built on state-owned roads.Senate Bill 127 states that "any capital improvement project located in an active transportation place type on a state highway or a local street crossing a state highway that is funded through the program, shall include new pedestrian and bicycle facilities, or improve existing facilities, as part of the project."It means any time Caltrans wants to repave or resurface a part of a State Highway or a highway overpass or underpass, they must add some kind of bike/walking lane or safety measures.San Diego Legislator Tasha Boerner Horvath co-wrote the bill. She sent the following statement to 10News:“My district is a hub for all things that involve outdoor recreation — biking, walking, jogging, skateboarding — you name it and my constituents enjoy doing it throughout our beautiful district. SB 127 is a major move forward in identifying and funding important bike and pedestrian paths to connect people with the places they want to go. In addition, it will bring us an important step further on ensuring highway overpasses in my district have the bike and walking facilities they need to connect inland communities to the coast. This is important for safe routes to schools for our kids as well as folks accessing our stunning beaches.”Members of the San Diego Bicycle Coalition support the bill, saying it will make it easier for people to commute to and from work. They also say it will help fund more "active transportation" projects."The funding is always an issue," says SDBC Advocacy Coordinator Jennifer Hunt. "This is a great way to get that extra, additional funding and just to get more people out safely using biking and walking."The bill has passed the State Senate and is now in the Assembly. The California Legislature is on recess until August, but the bill will be in committee soon after they reconvene. 2028