
Then again, he's pretty much the star of A&E's 'Scott Peterson: The New Evidence.'
In 2004, a jury found Scott Peterson guilty beyond a reasonable doubt of murdering his wife Laci Peterson and their unborn son Conner Peterson. This week, A&E presents reason(s) to doubt Scott Peterson’s conviction. You be the judge.
Scott Peterson’s former lead defense attorney Mark Geragos has always believed in his client’s innocence. In Scott Peterson: The New Evidence, he practically shouts it from the rooftops. That’s kind of his thing though.
Geragos, who has made his bones defending controversial celebrities like Michael Jackson, Chris Brown, Diddy, and Jussie Smollett, knows better than most how popular TV content can influence legal matters. Recently, he has seen such an the impact with yet another famous (infamous, really) client — well, a pair of clients.
Ryan Murphy’s scripted drama Monsters: The Lyle and Erik Menendez Story was a huge hit in 2024. “The Netflix Effect” practically sprung the brothers, convicted of murdering their parents José and Kitty Menendez in 1989, right out of prison. The Menendez season of Monsters played up the accusation by the brothers that José sexually abused his sons for years.
“A documentary, a movement can get people to take a a look at something that they thought or concluded before was set in stone,” Geragos told The Hollywood Reporter. “In Menendez, we evolved based on our understanding of childhood sexual abuse. In Peterson, I think we have evolved that, you know, just because somebody has an affair does not necessarily make the leap to they are a killer.”
(Interestingly, Netflix docuseries American Murder: Laci Peterson, which takes the opposite stance of A&E’s counter-programming, exited the streamer’s top 10 TV chart just two weeks before Monsters: The Lyle and Erik Menendez Story entered.)
Following the release of Monsters: The Lyle and Erik Menendez Story, Los Angeles County District Attorney (at the time) George Gascón said his office received an “influx of calls” about the case. After then reviewing a habeas corpus petition filed the prior year, Gascón formally recommended that the brothers be resentenced. Their “life without parole” sentences were revised to “50 years to life,” which could allow for their release via parole.
Geragos actually thinks that, had the Menendez case been televised, the outcome may have been different. It is a 180-degree turn from his opinion at the time. Back then, Geragos and the prosecution agreed to keep cameras out of the courtroom.
“My thinking at the time was that it would tamp down the interest, and I could get a less kind of agitated atmosphere,” he said. “It actually did the exact opposite.”
Though Geragos is no longer on Peterson’s legal team, he says he will “occasionally do an affidavit or declaration when they need it.” Geragos says he would consider re-joining as counsel if Peterson asks. The Los Angeles Innocence Project has taken on Peterson’s defense, which Geragos says is about as strong an endorsement as they come.
The “new evidence” presented in Scott Peterson: The New Evidence is pretty compelling. Rather than go through each piece, I asked Geragos to point to the one new finding or theory that he believes should grant Peterson a new trial. He says the burned-out van found within the general vicinity of the Petersons’ Modesto, California home “clearly” needs more attention. Geragos says the defense team was not made aware of the van’s discovery at the time.
A similar van was involved in a home-invasion robbery across the street from the Peterson home at roughly the same time Laci was last seen alive. The exact day of the burglary remains in dispute. An eyewitness says they saw Laci in what appeared to be a mid-crime confrontation with two men. Another says they saw a pregnant woman being pushed into a van not far away from the scene.
The burned-out van was found with a bloody mattress inside. Geragos says that, to this day, the mattress has not been properly DNA-tested. Hell, he’ll pay for it personally, Geragos says in the documentary. I asked him how much money we’re talking about here.
“It would be tens of thousands of dollars,” Geragos said. “And by the way, I would add to that — if the prosecution is so sure of this conviction, what are they afraid of? Why wouldn’t they want to take me up [on it], make me put my money where my mouth is and put this to bed once and for all? What are you afraid of?”
Geragos says he has a strong theory about what happened to Laci Peterson, though he declined to share it with producers. I asked him why.
“I’m not going to get in the way of any of this. Someday I will,” he said. “I don’t represent him currently. He’s got very able lawyers representing him, and I don’t want to be a distraction to them or to anybody. I want them to do what they need to do. The last thing I wanted when I’m representing somebody is having another lawyer get into my strategy. So I’m not going there.”
Scott Peterson: The New Evidence airs on A&E in two parts: Thursday, July 16 at 9 p.m. ET/PT and Friday, July 17 at 8 p.m. ET/PT.
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