REDWOOD CITY, Calif. (KRON) — Scott Peterson was moved off of San Quentin State Prison’s death row and is now locked up in Mule Creek State Prison in Ione, Calif.

Peterson’s family confirmed to KRON4 that he was transferred to a new prison on Friday because he is no longer a condemned inmate.

“Today is Scott’s 50th birthday, and he has been in prison for 19 years, and 189 days for a crime he didn’t commit,” his supporters wrote on Facebook Monday.

Peterson’s death sentenced was overturned by the California Supreme Court due to an error made by a judge who presided over his 2004 murder trial.

Peterson, 50, was re-sentenced in December of 2021 to life in prison without possible of parole for murdering his pregnant wife, Laci, and unborn son, Connor, in their Modesto home. At his re-sentencing hearing, Laci’s family members told Peterson that he is an “evil” “sociopathic” and remorseless killer.

Prison officials released a new mug shot of Scott Peterson taken on Oct. 21, 2022 after he transferred to a new California prison.

Stanislaus County District Attorney Birgit Fladager said she will not re-seek the death penalty.

Peterson will likely be placed in the general inmate population of Mule Creek State Prison, his defense attorney, Pat Harris, told KRON4 on Monday. “He’s going to be around more people. He’ll have more of a normal prison life.”

Scott Peterson
Scott Peterson talks to his attorneys on Feb. 25, 2022. (AP / Pool Photo)

Peterson is still fighting for his conviction to be overturned, and he is appealing for a new murder trial based on alleged juror misconduct. Judge Anne Christine Massullo must make a ruling by December 15 to either grant or deny a retrial.

Peterson’s defense team, family members, and supporters say the wrong man is behind bars for Laci’s murder. If Peterson is given a second chance, he will be able to prove his innocence in court with new evidence, according to Harris. Harris was part of Peterson’s original trial defense team in 2004.

Scott Peterson, right, listens as his attorney, Pat Harris, standing, speaks during a hearing during a hearing at the San Mateo County Superior Court in Redwood City, Calif., Tuesday, March 1, 2022. (AP Photo/ Jeff Chiu / Pool)

“This time it will be different because you are going to hear … a lot of things that were not brought up in the first trial. There has been a lot of new evidence uncovered. There are going to be a lot of things that were not presented in the first trial that will be presented,” Harris said.

Fladager said there’s zero doubt that Peterson killed his pregnant wife. The California Supreme Court reaffirmed the jury’s guilty verdict citing “considerable circumstantial evidence incriminating Peterson,” Fladager wrote in court documents filed earlier this month.

Peterson’s alibi was that he went fishing in the San Francisco Bay while his wife stayed home in Modesto on Christmas Eve 2002. The bodies of Laci and Conner washed up near Berkeley Marina, close to the location where Peterson said he went fishing they day Laci vanished.

The California Supreme Court ruled that the most compelling evidence of Peterson’s guilt included:

  • “Laci’s and Conner’s bodies washed ashore 90 miles from their home but within sight of where Peterson admitted he went fishing the day they disappeared.”
  • “Research Peterson did on bay currents in the weeks preceding her disappearance and the fishing boat he bought but mentioned to no one.”
  • “Peterson’s inability to explain what he was fishing for in the middle of the day.”
  • “His repeated subsequent surreptitious trips to the marina in the weeks after her disappearance.
  • “The many steps he took in the weeks after she went missing — selling her car, exploring sale of the house, turning the nursery into a storage room — that indicated he already knew Laci and Conner were never coming back.”