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Scorched: State v Peterson part 39

Real Life Real Crime

Sat May 24 2025

Summary

Real Life Real Crime - Episode: Scorched: State v Peterson Part 39

Host: Woody Overton
Release Date: May 24, 2025

Episode Overview

In the 39th installment of the “Scorched: State v Peterson” series, host Woody Overton brings the extensive exploration of the Scott Peterson case to its dramatic conclusion. This episode marks the culmination of what Overton describes as the longest and most comprehensive series he has ever undertaken, delving deep into the intricacies and controversies surrounding one of the most infamous criminal cases of the early 2000s.

Conclusion of the Scott Peterson Case

Woody Overton opens the episode by addressing his listeners directly, acknowledging the extensive journey they’ve undertaken together to dissect the Scott Peterson case. He emphasizes the complexity and the numerous missteps by both the prosecution and the defense throughout the trial process.

"This is the 40th episode, and I can promise you it is done today." (02:15)

Overton reflects on the prosecution's and law enforcement's flawed investigation methods, highlighting areas where critical evidence was mishandled or overlooked. He also critiques the defense team's strategies, particularly during the death penalty phase, where they purportedly attempted to portray Peterson in an overly favorable light to influence the jury’s perception.

Jury Deliberations and Verdict

A significant portion of the episode is dedicated to recounting the pivotal moments during the jury's deliberations. Overton provides a detailed narrative of the courtroom proceedings leading up to the verdict, including interactions with Judge Deluci and the procedural interruptions caused by juror substitutions.

"They send the jury out, right? All the media goes and sits outside and the lawyers are going to, you know, go wait and blah, blah, blah, whatever." (06:45)

He meticulously describes the tensions and the high-stakes environment surrounding the jury as they deliberated over Peterson’s fate, ultimately sentencing him to death on December 13, 2004. Overton includes direct quotes from the trial transcript to provide authenticity and depth to his recounting of the events.

"We, the jury, in the above entitled case, fix the penalty at death." (14:30)
"Was the verdict as just read your true and individual verdict?" Juror number one: "Yes." (16:50)

Post-Trial Developments and New Evidence

Following the verdict, Overton explores the aftermath of the trial, including media coverage and subsequent legal motions. He discusses the defense’s attempts to file for a new trial based on newly discovered evidence and procedural errors during the original trial. This includes the introduction of Ann Bird’s book, "Blood Brother: 33 Reasons My Brother Scott Peterson is Guilty," which presents personal insights and alleged new evidence aimed at reinforcing Peterson's guilt.

"Ann Bird, the sister of Scott Peterson, comes forward with her account of his marriage and her brother's disturbing behavior." (25:10)

Overton scrutinizes the defense’s motion for retrial, outlining the various points raised, such as errors in jury instructions, improper juror conduct, and the admittance of prejudicial evidence. Despite these claims, he notes that the motion was ultimately denied, leading to Peterson’s transfer to San Quentin State Prison.

Host’s Analysis and Opinions

Throughout the episode, Overton does not shy away from expressing his personal opinions. He asserts Peterson’s guilt unequivocally while simultaneously criticizing the judicial process that led to his conviction. Overton points out potential flaws and unanswered questions that continue to cast doubts on the infallibility of the verdict.

"I think Scott Peterson is guilty as hell. But I think there are a ton of things that the police got wrong." (40:00)

He highlights specific instances where the prosecution may have overlooked critical evidence or mishandled parts of the investigation, such as the missing tape recording from a critical burglary case and discrepancies in witness testimonies.

Future Directions and Wrap-Up

As Overton wraps up the series, he hints at the continuing influence of the Peterson case on public consciousness and the legal system. He mentions the involvement of the LA Innocence Project and ongoing discussions about potential appeals based on new DNA evidence from a piece of duct tape found at the crime scene.

"We're going to find out what happens with this duct tape. And I just can't believe out of everything that they challenged after 20 fucking years, that they even allow any DNA testing on this." (55:45)

Looking ahead, Overton teases upcoming episodes that will shift focus to original stories and new topics within the true crime genre, including a new series on human trafficking. He encourages listeners to continue engaging with the podcast through the “True Crime Time For” show and to support their ongoing investigative efforts.

Notable Quotes

"I don't think he's innocent. I think he's guilty as hell." (03:45)
"The jury has now completed their service, but this case is not over." (15:30)
"Scott Peterson is chicken shit." (50:10)
"If they prove his DNA is on that tape, he's getting a new trial." (08:20)

Key Takeaways

Final Verdict: Scott Peterson was sentenced to death, a decision later commuted to life imprisonment.
Trial Flaws: Overton critically examines investigative and prosecutorial errors that may have influenced the trial’s outcome.
New Evidence: The possibility of new DNA testing on critical evidence could reopen aspects of the case.
Public and Media Impact: The Peterson case continues to captivate public interest, leading to numerous books, documentaries, and ongoing legal discussions.
Host’s Perspective: While Overton affirms Peterson’s guilt, he remains skeptical about the thoroughness and fairness of the original trial proceedings.

Conclusion

In this conclusive episode, Woody Overton delivers a passionate and thorough examination of the Scott Peterson case, encapsulating over a year of investigative podcasting. He balances factual recounting with personal insights, providing listeners with a comprehensive understanding of the case’s complexities and lingering questions. As he closes the chapter on the Peterson saga, Overton sets the stage for future explorations into other gripping true crime stories, maintaining his commitment to uncovering justice and truth.

Join the Conversation:
For those who have followed the “Scorched” series, this final episode serves as both an end and a new beginning. Stay tuned for upcoming original stories and investigative series that continue to uphold the podcast’s legacy of deep, nuanced true crime storytelling.

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Note: Timestamps are approximations based on the provided transcript.

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Transcript

A (0:02)

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B (0:28)

Location which remains say can and will be used against you in a court of law. You gotta write to the attorney prior to and during any question. If you can't afford one, the court will point one for you. Do you understand your rights? Warning this episode of Real Life Real Crime. The podcast may contain descriptions of acts of violence or that of a sexual nature and should be for people that are 18 years or older. He my warning people, I do not get the facts of these cases off of the Internet or from some television show. The facts I'm retelling you were presented to me by the victims of the crimes or the perpetrators who committed the crimes against the victims. My descriptions of the crime scenes, what I saw with my own two eyes. If you're gonna get offended, please turn this podcast off now. Thank you. Hello everybody and welcome this episode of Real Life Real Crime, the podcast. As always, I'm your host Woody Overton and today we are finally concluding the State versus Scott Peterson scorched and is by far the longest series I've ever done this I didn't know it was going to go this long but I think this sin said this is the 40th episode and I can promise you it is done today. Now Scorch being the premise y' all where this case is jacked up or messed up and I covered it from episode one all the way to today on what both the prosecution, I think in my professional and personal opinion what the prosecution or and the cops screwed up investigation wise and how I think the defense team effed up during throughout the trial and especially as you heard in the last several weeks, the death penalty phase where they kept just repeating, repeating all this stuff that about Scott and how great he was and you know, trying to race in the mind of the jury the fact that they just sat through three months of their lives and and saw how Lacey and baby Connor were murdered. But today we're going to conclude it and I'm going to give you a little bit of what happened afterwards. It's all documented. You can check it out if you want to. I'm going to thank y' all for listening to it every week. The numbers continue to grow on it. I understand, I guess the fascination with the case, but this many years and you know, I was on the phone for a two hour phone call today with a Cold Case File producer and she actually had one time lived in Modesto. And then when I told her about this series, she said that she was had went to death row in California to interview somebody else and Scott Peterson was actually in the dogyard. That's what they call it. They let him out their cell for one hour a day to exercise and so will be cage that they put him in so they can't have any contact with anybody else. He was on the like the, the protective side, the chomo side, whatever you want to call it. But she said, she said, you know what, he was actually kind of hot. Yeah, I guess he's out there just working out and he was smiling at him and, and all that. And, but she said, she said you don't, certainly don't think he's innocent. I said absolutely not. I don't think he's innocent. I think he's guilty as hell. But I think this case has all kinds of problems. And like I told her, like I've been telling y' all the whole time, they better pray to God that that, that piece of tape that the judge is allowing to be DNA tested now that came off of Lacey has Scott Peterson's DNA on it or no one's and not some other person. Right. Because if they do, he's getting a new trial. And if they try him on the same way they tried him before, I don't think you can find him guilty beyond reasonable doubt. So we're going to get down to it and I'm skip a huge part of it. This the so both sides arrested totally in the death penalty phase. And this is where the judge comes in and gives the jury clear instructions on what the law or they call it in Louisiana, they call it charging the jury. And usually it's long as af they, they sit there and they read you the definition of the law. Like in this case it would be what mitigating circumstances are what makes it eligible for the death penalty. And you know, you have to find this, this true to be fact if you're going to send us into death and it's just a lot. Okay, so we're not going to do all that. We're just going to get to the very last part where he, he sends them to the jury and I'll read it for you. And starting with the judge. Judge. All right. Good afternoon, ladies and gentlemen of the jury.

B (5:37)

We reconvene you here now because we have to tend to some business here. As you are aware, we had to substitute a juror, so I have to reinstruct you on a few things. First of all, members of the jury, a juror has been replaced by an alternate. We are going to do that in just a second. Let's do that now. Call the alternate and seat the alternate juror, M.D. clark. I beg your pardon, Judge. We want to seat the alternate juror. Call the alternate juror, Garagos. Alternate number two. Clerk. Alternate number two. Judge, you're going to be seated right there. You're going to be number seven. Okay. In picking up where we left off, a juror has been replaced by an alternate juror. You must not consider this fact for any purpose. The People and the Defendant have the right to a verdict reached only after full participation of the 12 jurors who return the verdict. This right may be assured only if you begin your deliberations again from the beginning. You must therefore set aside and disregard all past deliberations and begin deliberating anew. This means that each remaining original juror must set aside and disregard the earlier deliberations as if they had not taken place. You shall now retire and begin anew your deliberations in accordance with all the instructions previous given. One other thing. Remind you again, you must decide all questions of fact in this case from the evidence received in this trial and not from any other source. Okay? Remember that. So we're going to send you back to start all over again. Okay? And keep in touch. Okay. All right, y' all. That. Obviously, I didn't read you the part about them charging the original stuff. It's mitigating circumstances, whatever. It's long, long, long and distinguished list. And then they had juror misconduct or juror was removed and stuff. That's going to be another scorch thing. And ultimately, while they were. I'll tell you what happened, but that juror was removed, so he has to bring him back out, put in juror number seven again, replace juror number seven. And they did that. And you know, you can't. Whatever the fuck y' all were talking about in there, you got to start all over fresh, blah, blah, blah. Well, you know what? That's kind of scorched. And ultimately, it is what it is. That's all the reason we're still talking about this case 20 plus years later. All right, y' all. So they send the jury out, right? All the media goes and sits outside and the lawyers are going to, you know, go wait and blah, blah, blah, whatever. It's, it's really, it's really a high profile time, a really, really dramatic time, if you will, because you're waiting basically to see if they're going to come back and put Scott Peters or sentence Scott Peterson to death. So jury is out. Everybody's on pins and needles. All the people are stacked up outside of the courtroom and they're waiting. So it goes on. And now we went from Thursday, December 9th. Then they're still deliberating on Friday, December 10th. And this is in 2004. And finally on Monday, the 13th of December, 2004, here it comes. They call everybody back in and the lawyers get back in and the judge gets back in. Before they call the jury back in, the judge starts with this. It's Judge Deluci. This is the case of People versus Scott Peterson. Let the record show that these proceedings are taking place out of the presence of the jury. The defendant is present with counsel, as everybody in this courtroom is aware. Now the jury has returned a verdict. When we excuse you this morning, about 11:30, we asked the media to leave the courtroom because the jury usually eats their luncheon here in about five minutes. After the media left, I got a note from the jury that they had indeed arrived at a verdict. They wanted the jury verdicts. So we sent in the jury verdicts. We continued the case until 1:30 in order to receive this verdict. Now, I know everybody is in a hurry out there to get this on the wire, whatever you got to do. But once the verdict is read, it's not over because I still have to charge the jury and give them some instructions, compliment the jury and so forth. So I don't want anybody to get up and try to leave because if you do, you, you are going to be in trouble. You are going to wait here until I leave the bench, okay? Because this has to be done in an orderly fashion. So I'm going to bring the jury in, I'm going to get the verdict, we'll read the verdict, whatever it is. And then I have to give the post verdict jury instructions and another couple orders just so you will know. Those jurors who want to talk to the media, they'll be taken to another building. I think you're all aware that's going to be. So you can go over there and those jurors that want to talk to you will be available for you. The prosecution remain in the courtroom. And Mr. Garagos and Mr. Harris will be in the courtroom next door if they are inclined to talk to anybody. So that's the way it's going to be. So I'm going to ask everybody respectfully to please remain seated until I leave the bench. Okay? All right. Bring the jury in. They pile them in, y' all. All right. This is the case of people versus Scott Peterson. Let the record show the defendant is present with counsel. The jury is in the jury box along with the alternates. Mr. Foreperson, has the jury arrived at a verdict with respect to the penalty phase in this case? Foreperson we have, your honor. Judge Lucci, would you hand the verdict to Gene? Please? Read the verdict. The clerk. People of the state of California versus Scott Peterson. We, the jury and in the above entitled case, fix the penalty at death dated December 13, 2004. Person number six. You can imagine what's going on in the courtroom, right? But here we go. Judge Deluci, number six, is that unanimous verdict of the jury with respect to the penalty phase, the four person. It is, your honor. Judge Alushi. All right, Mr. Gerrigos, do you want the jury polled? Mark Garago. Yes, please. Judge Zalichi, would you poll the jury, please? The clerk. Ladies and gentlemen of the jury, please answer yes or no as I call your juror number as seated and ask the following question. Was the verdict as. Just read your true and individual verdict. Juror number one. Juror yes. The clerk. Juror number two. Juror yes. Clerk Juror number three. Juror yes. Clerk Jurora number four. Juror yes. The clerk dot Juror number five. Juror yes. Clerk Jurator number six. Juror yes. Clerk JurOR number seven. Juror yes. The clerk. Juror number eight. Juror yes. Clerk Juro number nine. Juror yes. The clerk. Juror number ten. Juror yes. The clerk. Juror number eleven. Juror yes. Clerk Juritor number twelve. Juror yes. The clerk. Your honor, the jury has been polled and the verdict is unanimously affirmed. Judge Deluci, you may enter the verdicts or the verdict. Verdict has been entered. The clerk. It has. Now, these are judge Dellucci's discharge instructions to the jury. Did you know there's an online cannabis company that ships federally legal THC right to your door? And they found a way to combine THC with carefully selected functional ingredients. Target nearly every mood and health concern you can think of. I'm talking about Mood.com's incredible line of functional gummies. And you can get 20% off your first order at Mood.com with promo code RLRC. Forget one size fits all supplements that only get you high. Mood's Functional Gummies are optimized to kick in as little as 15 minutes and take you to the mood that you're looking for. 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Best of all, not only is every Mood product backed by a 100 day satisfaction guarantee, but as I mentioned, listeners get 20% off their first order with code RLRC. So head to mood.com, find the functional gummy that matches exactly what you're looking for, and let Mood help you discover your perfect mood. And don't forget to use promo code RLRC when you check out to save 20% on your first order. Hey lifers, Woody Overton here and I want to talk to you all about something that's come up around our house more than once lately. Hormones. Now, I can't speak from personal experience on this one, but I've seen it firsthand with Cindy. There were days she'd be feeling drained, overwhelmed, even a little off. We couldn't figure out why she was eating right, taking care of herself, getting things done like always. But something just wasn't clicking. Turns out it wasn't just stress, it wasn't just being tired. She took this free two minute quiz from a company called Happy Mammoth and it gave her some serious insight into what might be going on with her hormone levels. After answering just a few simple questions, she got personalized breakdown. And one of the main things it pointed out was that her body may be overloaded with estrogen. That's when we found hormones. Hormone Harmony. Happy Mammoth's plant based herbal formula designed to support your hormone levels, stress response and overall well being. Since Cindy started taking hormone Harmony. She said it's made a noticeable difference. Things like occasional bloating, low energy and those mild mood dips, all less frequent. And it didn't take a huge lifestyle overhaul to see those changes. Just a small daily habit that fit right into her routine. Now listen, this isn't some one size fits all deal. This quiz gives you personalized recommendations so you can understand what's going on in your body and what might help you feel better. Whether it's Hormone Harmony or one of their other hormone support products, you'll know exactly where to start. And here's the thing. Happy Mammoth has helped thousands of women. They have over 40,000 5 star reviews and a bottle of Hormone harmony cells every 24 seconds. That many folks can't be wrong. Ready to start feeling like yourself again? Head over to happy mammoth.com and take their free 2 minute hormone quiz today to find the ultimate answer to your stubborn hormonal issues. And for a limited time, you can also get 15% off your entire first order with my code RLRC at checkout. That's H A P P Y M A M m o t h.com and use the code RLRC for 15% off today. Standard in every case, y' all. Judge Lucci. All right, ladies and gentlemen of the jury, on behalf of myself and the other judges on this bench, sort of horse here today, I want to thank you very much for serving as trial jurors in this case. I know what a difficult job this has been. You've been here for a long time. You've heard a lot of evidence. You have heard the arguments of the attorneys. And you know how difficult the decision is we asked you to make in a case like this. We bring out the community. You come in here cold turkey, we run voldier about you, we select you and then we put you through this ordeal. You were very diligent. There was never nobody got sick. Everybody was here on time. I just can't believe how well you perform. I know it's a hard decision for you to make. It's hard for me, it's hard for you, it's hard for the lawyers, it's hard for the families. But it's something that you saw and this is the way you saw it, and this is the way it is. Okay? Now I have an ammunition for you before you leave. Members and ultimate members of the jury, you have now completed your service as jurors in this case. On behalf of the Superior Court, I want to thank you for your giving of your time and efforts to the administration of justice in this community. You have the absolute right to either discuss or not to discuss the jury deliberations or verdict with anyone. However, be advised that one, following discharge of the jury, the defendant or his or her attorney or representative or the prosecutor or his or her representative may discuss the jury deliberations or verdict with any member of the jury, provided that the juror consents to the discussion and that the discussion occurs at a reasonable time and place. 2. Any unreasonable contact with the juror by a defendant or his or her attorney representative or by the prosecutor or his or her representative without the juror's consent must immediately be reported to me, the trial judge. Any violation of what I have just told you will be considered a violation of of a lawful court order and shall be subject to reasonable monetary sanctions. I have already sealed all of the jury information, home address, your telephone number. All that has been sealed and will remain sealed pending the review of this case by the supreme Court. There's one other thing I want to tell you about. Here you are free to talk to the media if you are so inclined. And we have made arrangements. If you want to, we'll take you, go to a place. Gene will make arrangements for you to talk to the media. Those of you that don't want to talk will be returned to the hotel so you can go about your business. Okay? Now, as you know, this case has engendered a great deal of interest by the public, and therefore the media. If you're interested in speaking with the media, please advise the bailiff. The bailiff will take you to a room where the media will be present and you may respond to questions. Now, we're going to give you a handout. If you chose to speak with the media, you need to be aware of the penal code section 1152 states that within 90 days of discharge, jurors shall not request, accept, agree to accept or discuss with any person receiving or accepting any payment or benefit in consideration for supplying any information concerning the trial. And that juror shall promptly report to the court any incidents within their knowledge involving an attempt by any person to improperly influence any member of the jury. Those include things like limousine rides to and from interviews, for example, gift baskets and food items, and satchel shirts and transportation, including air and hotel accommodations and vacations. So for 90 days, you can't accept any monetary benefit as a result of your service as a juror. After 90 days, you can do whatever you want. Okay? Like I said, you can talk to the media today if you want to. You're not compelled to do so unless you want to. Okay. So I want to thank you all very much and you are excused now. Thank you. Okay. When you leave then I'll leave the bench. There you have it folks. Done over with good, bad or indifferent. A whole shit ton of scorched. I mean 40 episodes is a record probably in anybody's book, but it is really pretty interesting by we'll state again had I been on the original jury and the state effed it up as bad as they did. And I'm talking about everything from the burger across the street to things they didn't investigate, certain witnesses they didn't. I mean just everything that I told you about that I, you know. And I'm the hardest, right? And I want blood if somebody is, you know, kills their wife, an unborn kid. But beyond a reasonable doubt? I don't think so do I think he's innocent? Fuck no. I think he's guilty as hell. But do I think the state proved beyond a reasonable doubt? That's not beyond any shadow of all doubt. It's beyond a reasonable doubt. No, I don't. Because of remember like the lieutenant from the prison who had the tape recording of the guy talking about Lacey's murder when they were doing the burger across the street and shit never got investigated. And then they go back to investigating, they can't find the recording. Little things like that reporter saying no those dudes didn't burglarize that house that day because I was there that day. You remember the burglary got swapped from the day that Lacey went missing. Whatever. Again, I think Scott Peterson is guilty as hell and. But I think there are a ton of things that the police got wrong. All right. And then the prosecution should have caught them before they went to trial. No doubt about it now defense wise. Oh my God, the. It might be in it. McGar Ghost is still famous to this day. He's handling Menendez brothers case and he's. His daughter is one of the attorneys for P. Diddy or whatever the hell his name is case is going on. I mean he's, he's famous, right? And this is 20 something years ago when he handled this case. They fucked it up. I mean they, I think the strategy of trying to make him the wholesome, pure. He never raised his voice and angered anyone. He worked at orphanages and blah, blah, blah. And I mean I just don't think. I just. They got in some good licks. They really did. They got in some good legs. But overall I think the strategy was pathetic and weak. But you cannot make chicken salad out of chicken shit. And Scott Peterson is chicken shit. And hey, y' all, you. You know he got sentenced to death, right? Guess what? They overturned his death conviction and sentenced him to life, and that's why we're talking about it today. And then recently, as I'm sure I've told you many times, the LA Innocence Project picks up his case where they put the best people on it in the world. I have been asked to work for the Innocence Project on two separate occasions. Now, each district has, like, different areas of the United States have their own Innocence Project. And I've been asked on one out of Texas. I'm not gonna say the name of the case because I don't know what I'm gonna do with it yet to come in and advise and do whatever. But then I'm like, I got neck deep in the case, and it's a very, very famous case, and I'm like, holy fuck. I think this person is guilty, so I'm not taking it right. And the other one was the same thing, but they had more valid reasons to get on board. I totally believe the LA Innocence Project got on board because it's Scott Peterson. And back then, for whatever reason, this was the hot shittest hot case in the world. And to this day, he's still getting documentaries and everything done about him. So there you have it. I'm gonna tell you a couple things that have happened, like, immediately following the trial, just some of the media coverage and shit that went on on December 15th. Greta Van Cistern, on the Record, her show, very famous at the time, y' all. And she interviewed some of the jurors, jury foreman Steve Cardosi, and juror number one, Greg Bartalis, and juror number seven, Rochelle Nice, and alternate juror Mike Church. And they appeared on her show, on the Record with Greta Van Suster. And I'm not going to read you the transcript of February 2005, the defense files a new motion for the trial. Mark Garagos filed the motion, but it did not become available to the public until March 14th. So several weeks after. And they said the judge literally took the document and fanned a corner with his thumb for a second and said, in all seriousness, motion denied. He didn't even read it right. He knew it was going to get appealed because it's a death penalty case. On 1st March, 2005, a lady named Ann Bird published a book. The name of the book is called blood brother 33 reasons. My brother Scott Peterson is Guilty. Now guess what? This must be the one sister they didn't put on in the prosecution in the penalty phase, right. That said he was so innocent. But I'll tell you a little bit about it. So this is from the publisher says the story no one else can tell. For the first time, the sister of Scott Peterson comes forward with her account of his marriage and her brother's disturbing behavior and how she slowly realized that her brother was capable of murder. The most chilling inside look at Scott Peterson from the first family member to open a public window on the Peterson family. Blood Brother includes dozens of headline making revelations and contains previously unpublished photos, emails and letters, including Scott's bizarre letters to Ann from prison. What happens if after being given up for adoption and childhood, you re establish contact with your biological family only to discover that your true brother is a killer? Ann Bird, the sister of Scott Peterson knows firsthand. Filled with news making revelations and intimate glimpses of Scott and Lacey, the Peterson family and the investigation that followed the murder, Blood Brother is a provocative account of how long dormant family ties dragged one woman into one of the most notorious crimes of our time. Right. Well, you know, you want to go read Ann Bird's book, go read it. I'll read you. I mean I'll read you one of the reviews from Publishers Weekly and it says true crime books go. This addition to Scott and Lacey Peterson's library isn't particularly riveted, haunting, salacious or revealing, which is strange considering Bird's unique perspective. Adopted as a child, Byrd reunited with her birth mother, Jackie Peterson, Scott's mother, in late 1997. Byrd takes every opportunity to stress that she grew very close to the Peterson family. But there's very little evidence of this apart from Bird's own assertions. The reader learns tidbits about Scott and Lacey. A Lacey loved flowers and Scott was a real charmer, the kind of guy who lights up a room. But such details hover on the surface. In fact, this book reveals more about the author's self delusional behavior than the crime itself. Lacey's abduction occurs early on and for the rest of the book, Byrd relates how despite all evidence to the contrary, she refused to believe her brother could be guilty. Her denial is such that after Scott's arrest, Byrd writes letters to him in which she replaces the word jail with camp Byrd's frequent protest. One wonders if she isn't disingenuous at times. She professes her love for her birth mother, for example, yet paints her in an unflattering light. I was beginning to Understand why Jackie was so critical of Lacey. No one was good enough for her golden boy. With the help of a therapist, Byrd finally accepts the evidence and devises her list of 33 reasons why her brother is guilty. The list, which takes up a mere five pages and all for such the now reasons such as Scott flirted with our babysitter, is just as superficial as the rest of the book. All right, so the Ann Birds book and one of the reviews. Let's go to March 9, 2005. It's titled evidence that Exonerates Scott said the website justice for Scott published a three page document included in the recent defense motion. According to the document, Stephen Todd, one of the burglars involved in the Medina burglary, had a conversation with an inmate of the California Rehabilitation center regarding an encounter he had with Lacey on December 24th. The document says quotations. Lacey happened to walk up while Steve Todd was doing the burglary and Todd made some kind of verbal threat to Lacey. The document is significant because if true, then Todd can prove Lacey was alive on December 24th after Scott left. That significantly changes the situation for Scott as even detectives Brookini and Grogan admitted to Scott was not the guilty person if Lacey was still alive when he left that morning. All right, the document seems to be confirmed by Todd's first statement to Officer Hicks who arrested him. And we're going to Monday, October 25, 2004. This is from the trial defense witness number 14, Officer Michael Hicks and the examinations by Garagos and the crosses by Brigitte Fladger. So MPD Tactical control is involved in investigation of the Medina burglary. On January 2, he had one of the suspects, Steven Todd, in the backseat of patrol car and Todd told him he would tell him about the burglary, but he wasn't involved with the woman and the baby. The judge interrupted to instruct the jury that the testimony was not given for the truthfulness of what Todd said, but for the reasonableness of the investigation. And it continues. It says the full motion is not yet available on the court website. So SII does not know who supplied J4s with the document. I guess it's just for Scott. But with all the egregious violations of the gag order on the side of the prosecution, it is interesting to see something leaked out that favors Scott for a change. Well, whatever. All right, going to March 10, 2005 Garagos subpoenas HarperCollins documents in the New YorkDailyNews.com reported that Garagos has subpoenaed documents Harper Collins pertaining to book deals with Amber Fry and Ann Bird. The article says Gergos purpose is to prove a financial motive for Fry's testimony. No conviction, no book. Besides the document, a witness familiar with books was subpoenaed. Garagos also reportedly answered calls for information with I'll discuss it in court. So that was According to the New York Daily NewShow, March 11, 2005 Teamster takes credit for ousting fellow jurors Let me read you this so the Mod B the newspaper has an article on John Gwenacio's opinions on the jury dynamics that saw three jurors ousted during the course of the trial. Says in Quotations Jurors Juror Reveals Secrets of Trial Ganasso, a parking garage supervisor and Teamster union member, claims to have had a hand in the dismissal of juror number five, Justin Falconer. Ganacio told the Bee that Falconer was ousted because of a letter he sent to Judge Deluci Delluchi that Falconer was discussing the case with other jurors and that his girlfriend was giving him information about the trial. The second oust came during deliberations when Fran Gorman used the Internet to do an independent research. Ganacio quietly slipped a copy of the judge's instructions in front of her, and then another juror thought they should tell Deluci. The third, Alice, came quickly after, as the replaced foreman announced to the other juror that he was implicating himself and the new foreman, Cardosi. All of the jurors were interviewed and Dellucci released Jackson. The Mod B also revealed that Jackson has vacated his house in Burlingham and is out of the country. Ganacio explained what happened with the boat incident during deliberations when the juror who climbed inside and sat down and rocked the boat. He also wanted to see if he could toss something overboard, ganassio said. Scott dropped his chin almost to his chest. Another revelation is that Ganacio is the juror involved with the bartender who was brought into the judge's chambers. Garnacio told the Mod B that he was accused of talking about the trial, including telling others that jurors had secret notebooks, presumably to help write books. Later, he denied it, and the judge let him stay. All right, I'm just giving you all this fluff. Just bear with me. Going up March 11th Katherine Crier's book is published. It's called A Deadly Game the Untold Story of the Scott Peterson investigation. So New York, February 7 PR news wire Reagan Books, an imprint of HarperCollins Publishers, announced today that it will publish A Deadly Gain the Untold Story of the Scott Peterson Investigation by award winning journalist, former judge and legal analyst Kathleen Cryer with Cole Thompson, the host of Court TV's Kathleen Cryer Live. Cryer has covered the case since the disappearance of Lacey Peterson in late December of 2002. Drawn on exclusive interviews and extensive, never before seen material connected with the case, A Deadly Game offers a stunning account of the crime, its aftermath and the investigation that led to Scott Peters convictions on the two counts of murder. Summer's just around the corner and the folks at Mint Mobile have a hot take Getting the summer bot is out and getting your savings bod is in. 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Head to avocadomatress.com today to save 10% on all bedding and 50% on clearance bedding. Avocado is a dream of being better A Deadly Game is the definitive account of this complex and disturbing case, said Judith Reagan, President and publisher of Reagan Books. Kathryn Cryer's reporting goes far deeper than all previous journalistic treatments, offering countless new revelations into both Scott Peterson and the investigation that brought him to justice. A Deadly Game is scheduled to go on sale on March 11, 2005. Interestingly, Cryer has no hesitation in claiming unprecedented access to the inner workings of the investigation and having access to the 40,000 plus pages of discovery itself, a gross violation of the gag order and contempt of court. Okay, sounds like it to me. Oh y' all, I don't know how many more I'm going to read. March 3, 2005 Grant of Greta Van Sustern reveals the points in Garagos motions supporting the new trial Here we go on a special on the record of Greta and her panel reviewed the defense motion for a new trial, the same one y' all remember, the judge Lucci fanned his hand with and denied. But according to the show, the points are one Error in the fleeing instruction given to the jury. Deluci said Scott was fleeing and the jury could infer something sinister from that. Or not. Error number two in removing two jurors didn't meet legal standards. Two jurors were the first juror five, Justin Falconer and second juror five who is the jury foreman. Error number three in meeting porn channel evidence. Prosecution did not establish that Lacy would have disapproved of such channels. And both computers in the home had adult content from the Internet. Number four is in the admitting of the dog evidence. Error number five is in allowing the juries to get into the boat and rocket constituted an experiment by the jury. Also complaint that the defense demo, which was done on the water, not on a trailer, was not allowed in. Error number six and admitting the Amber tapes is prejudicial and not probative. All right, so let's go on. March 14, 2005, the defense motion and the prosecution opposition. So the defense motion, y' all is 122 pages released along with the prosecution's opposition. Now I'm hit the major points. I am not reading 122 pages. I promise you this series ends today. But the one defense major points and all this basically rehashes exactly what I told y' all. Defense number one. The court has authority to order a new trial on the various grounds alleged in this motion. Two, the defense has recently discovered new exculpatory evidence that the prosecution failed to provide to it. Three, the denial of the motion of the change of venue denied Mr. Peterson of a fair and impartial jury. A new trial should be ordered because of this. Number four, the court erred by removing the first and second juror. Number five. And by refusing to declare a mistrial when it became apparent that the jurors deliberations were being influenced by matters outside the evidence adduced in the court. The errors mandate a new trial. Five, the jury conducted its own unauthorized experiment with the boat and so doing received evidence outside of court which Mr. Peterson was not provided an opportunity to meet or explain and which prejudice his defense. A new trial should therefore be granted. Number six. This court should rule that the evidence in this case was insufficient to support the jury's finding of guilty beyond a reasonable doubt. Number seven. Because no evidence supported an instruction on second degree murder, non premeditated murder, it was an error for the court to give it. Moreover, having instructed the jury on second degree murder, the court should also have instructed on manslaughter. Number eight, the court erred by instructing the jury on flight. Number nine, A trial court errored by excluding demonstrative evidence, a videotape experiment showing the instability of the vote which was offered by the defense. Number 10, the prosecution wiretap evidence was erroneous. Admitted. Number 11, the court errored by admitting tape recordings of Mr. Peterson's irrelevant statements to Amber Fry. Number 12, the court erred by admitting the dog evidence Number 13, the court erroneously admitted evidence regarding Mr. Peterson's purchase of adult programming. Number 14, the court erred by denying Mr. Peterson to have his guilt or innocent determined by a jury that was not death qualified. Number 15 just says conclusion. All right, y' all, this. Two more little paragraphs bear with me, okay? On March 16, 2005, the motion for retrial was denied in the sentencing and victim impact statements. Y' all, I'm going to end it with the greatest, but not the least of the greatest of scorched. It's not scorched. It's just what I call a little bit of justice. According to an AP report, on March 17, Scott Peterson was transferred to San Quentin State Prison at 3:10am secured with leg irons and shackles around his wrist and waist, Peterson was led away in a white unmarked van. The prison is about 20 miles north of San Francisco. Classic book style, this is the point where the author says the end. But I'm afraid, y' all, that it's not the end. We're gonna find out. And you'll have no more of the scorched the State versus Scott Peterson until we find out what happens with this duct tape. And I just can't believe out of everything that they challenged after 20 fucking years, that they even allow any DNA testing on this. On this duct tape. Remember that? It had been in the water for months. So I'm not. I'm thinking there's nothing there. I don't know. But I'm hoping there's not that. Do I think Scott Peterson got what he deserved? No, because he. What he got was the death penalty, but he ultimately is serving out as a life sentence. He got commuted, right? So I think he should be lined up for the gas chamber or whatever they use in California. He murdered Lacy and his unborn kid, and everybody's looking for him. He's on the phone with his lover, acting like he's in Paris. And all the bullshit, all the shit you heard. And you know, it is what it is. It's whether you're for the death penalty or not. You know, the murder of your wife, an unborn son, just so you could be free and still look like the nice guy. Remember the Cold Case Files producer? I told y' all saw him working out in the San Quentin, and he's, you know, smiling at him and flexing and shit. And then she's like, oh, my God, he's hot. That's still Scott Peterson doing Scott Peterson. And I personally, and I'm American, I have a Right. To give you my opinion, I think he's guilty as fuck. But I also think this case is scorched. They should have handled it differently. And if they had, we wouldn't be talking about it. And you wouldn't have got blessed with these 40 episodes. So that's it. Officially done in a long time, y' all. It's almost a year's worth. And then we had a course in there, the weeks that shit. I guess when I was in ICU for nine nights and then my daddy dying and this two weeks I took to be with my mom and everything. So it got extended somewhat. So I've probably been a year. But it won't be anymore. All right. And next week I'm going to drop a real life, real crime original story. Woody Old School Cop drop on Saturday like it used to. But thank you all for liking and listening and sharing. I love and appreciate each and every one of you. Y' all go check out our daily show, the True Crime Time for that Cindy and I are doing. We we hit number 91 in the world out of all news podcasts, not just true crime. Out of everybody FOX and CNN and all abc. All the big shots. We made the list and we've been doing it six months. It's different and it's pretty much unscripted. Other than we LEAH Maria INVESTIGATE producer We have this. I have the stories that we are going to cover and then we just kind of husband and wife back and forth. So pretty cool. Evidently you like it. We're charting, which is awesome. We're charting for news and everything. I was going to be a news reporter, but the y' all check that out. Also, we're going to be starting the new human trafficking series. And this lady is coming in. Do the first episodes with. She's powerful. Powerful. Y' all lived it, lived it, survived it. Now is blessing others and we're going to get her to get us more compelling stories from actual victims of. Of what the years. How they got involved in the sex trafficking and the abuse and everything that it entails. True crime. And why are we doing it? The Because I believe in it. I mean, it's a huge thing now and it's like slavery. It's just wrong. And the hopefully we can save one person from being trafficked. Hashtag justice for Haley. Wow. Wait, you heard the episode I dropped yesterday with Ms. Barbara telling you everything that's happened since we did the call to action where your life stepped up, how the district attorneys got involved and how they continue to be involved. And that case is so moving in the right direction and there's only one logical outcome, and it's homicide, not suicide. We're going to get justice for Haley. We've already far exceeded the family's expectations because finally it's getting investigated the way it should have been. So shout out to the da but listen to the Friday episode we will be doing. I will be doing more justice. Four cases. I already have the next one lined up. Geez, please. Every one of them's horrible. None of them are more important than the other. These families are suffering. Their people, their lives are destroyed, their people are missing, or the death has been classified as whatever. And it's not. I wouldn't take these cases on if I didn't believe in them, if I didn't believe we could get a positive result, and if I didn't believe there was an injustice in the case. Right? So we've done it in the past. Cordy, Coco, Mary Po, Haley. We're going to continue to do it. So just stick with us. And we love podcasts and we love y' all. Go download the Real Life for Crime community app for free. If you want to be a subscriber and get commercial free early releases, plus the bonus episodes, et cetera, go in there and look under convicts and see what different levels of subscription are and all the bonuses that you get. And if you don't want to download the app, I get that too. Go to patreon.com type in real life, real crime. Same thing. All right. Other than I go to the app first every day because I have so much social media but just lots of stuff going on in Lopa, Louisiana, Oregon Procurement Agency. You know, it's my jam. Sign up to be an organ donor, y' all. You know you don't have to be a lifer from Louisiana to go to lopa.org they're non profit, awesome people. Go to Lopa, take two minutes, fill out the questionnaire. You don't have to be from Louisiana. You could be a lifer from, let me see Alabama. Go to. Click on it. Fill out the questionnaire. They will get you taken care of. Be a hero, give the gift of life and sight and all that great stuff those people do. And I'm Woody Overton, your host of Real Life Real Crown the podcast until next time or ever. Don't let me catch you down on Murder by Peace. You can't afford one and your rights. 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