1 BIRGIT FLADAGER

District Attorney 5/28/2021

2 County of Stanislaus
State Bar No. 124872
3 DAVID P. HARRIS
Assistant District Attorney
4 State Bar No. 125076
832 12th Street, Suite 300
5 Modesto, CA 95354
Telephone: (209) 525-5550
6 E-mail: dave.harris @standa.org

7 Attorneys for Plaintiff

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Superior Court of the State of California
11 County of San Mateo
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THE PEOPLE OF THE STATE OF CALIFORNIA, CAPITAL CASE
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Plaintiff,
14 Case No. SC55500

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Stanislaus County Superior
vs.
16 Court Case No. 1056770
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NOTICE OF DECISION ON
18 RETRIAL OF PENALTY PHASE
SCOTT LEE PETERSON,
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Dept. 2M
Defendant. Hon. Anne-Christine Massullo
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21 On September 24, 2020, the California Supreme Court remitted the case to the Trial
22 Court, following an opinion on August 24, 2020, affirming defendant's convictions for the first
23 and second degree murder of Laci and Conner with the special circumstances of multiple
24 murders and remanded the matter for penalty determination. The Defendant petitioned the
25 United States Supreme Court, asking that Court to find his conviction invalid and that Court
26 denied his petition. In this appeal , the highest courts of this state and the United States have now
27 settled the question of the defendant' s guilt, leaving only the question of his punishment. The
28 California Supreme Court indicated the People may retry the penalty phase if they so choose.

Notice of Decision on Retri al of Penalty Phase

 1 The People have met and discussed with the victims' family what a new penalty trial

2 would involve, pursuant to their rights under Marsy 's Law. While the family of Laci and Conner

3 believe there is no doubt that defendant is guilty of these crimes and that his conduct warrants the

4 death penalty and defendant is deserving of the punishment of death, the family has decided this

5 process is simply too painful to endure once again . The decision to accept the sentence for

6 defendant of Life Without the Possibility of Parole followed discussions with the family of the

7 victims, Laci and Conner; they are aware that, if the penalty phase is not retried, the defendant

8 will be sentenced to Life Without the Possibility of Parole. THEREFORE, NOTICE IS HEREBY

9 GIVEN that the Office of the District Attorney will not re-try the penalty phase for defendant

10 Scott Lee Peterson.

11 Accordingly, the People respectfully request that this Court set a date for defendant's

12 sentencing.

13 Dated: May 28, 2021

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15 ~:,;_k=¾-=y ------------
16 BrRGrT FLA~ ER \j
District Attorney
17 Stanislaus County District Attorney's Office
832 12th Street, Suite 300
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Modesto, CA 95354
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Notice of Decision on Retrial of Penalty Phase

 1 DECLARATION OF SERVICE

2 I, the undersigned, say:

3 I was at the time of service of the attached Notice of Decision on Retrial of Penalty Phase

4 over the age of eighteen years and not a party to the above-entitled action. I served a copy of the

5 above-entitled document on May 28, 2021 , to the following via electronic mail pursuant to CCP

6 1010.6(a)(6):

7 Cliff Gardner Habeas Corpus Resource Center

Attorney at Law Attn: Andras Farkas, Staff Attorney
8 1448 San Pablo Avenue 303 Second Street, Suite 400
Berkeley, CA 94702 San Francisco, CA 94107
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Email: casetris@aol.com Email: andrasf@hcrc.ca.gov
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Habeas Corpus Resource Center Pat Harris
11 Attn: Shelley Sandusky, Staff Attorney Law Offices of Pat Harris, APC.
303 Second Street, Suite 400 232 N. Canon Drive
12 San Francisco, CA 94107 Beverly Hills, CA 90210
Email: ssandusky@hcrc.ca.gov Email: pat@patharrislaw.com
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14 A courtesy copy was also sent via Federal Express (Tracking No. 816626702640) to the

15 following:

16 Honorable Anne-Christine Massullo

San Francisco County Superior Court
17 Ci vie Center Courthouse
Department 304
18 400 McAllister St.
San Francisco, CA 94102
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I declare under penalty of perjury that the foregoing is true and correct.
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Executed this 28th day of May, 2021, in Modesto, California.
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San Mateo Case No. SC055500A
26 Stanislaus County Case No. 1056770

27 People v. Peterson
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Declaration of Service