Lawyers discuss blood analysis in Peterson case - WSLS 10 NBC in Roanoke/Lynchburg Va

Lawyers discuss blood analysis in Peterson case

Posted: Updated:
RALEIGH, N.C. -

The attorney for a Durham novelist who's been granted a new trial in the 2001 death of his wife says a State Bureau of Investigation agent gave false and misleading testimony, meaning the trial was flawed.
    
Jim Cooney argued before the N.C. Court of Appeals Wednesday that former SBI crime lab agent Duane Deaver lied, and that violates Michael Peterson's due process.
    
"Duane Deaver was essentially a fraud, and if they had known he was a fraud during this trial, it of course would have had a material impact," Cooney said.
    
Lawyers from the state Attorney General's office want Peterson in prison. They contend that Superior Court Judge Orlando Hudson was wrong to toss out the 2003 conviction, and they say there was enough other evidence to implicate Peterson for Kathleen Peterson's murder.
    
Last May, Hudson ruled that Peterson's 2003 murder conviction was obtained with "materially misleading" and "deliberately false" testimony from Deaver. Hudson said in December 2011 from the bench that misconduct by Deaver required a new trial.
    
Robert Montgomery, special deputy attorney general, contended that Durham County prosecutors didn't know Deaver was exaggerating his qualifications at the Peterson trial. He also argued that prosecutors had no way of knowing that lab results that might have helped Peterson were not passed along, as was the SBI practice at the time.
    
Peterson was convicted of first-degree murder in the death of Kathleen Peterson, who was found at the bottom of a staircase in the couple's mansion on Dec. 9, 2001. The 68-year-old Peterson has maintained his wife died in an accidental fall after drinking alcohol and taking Valium.
    
It was unclear when the three-judge appeals court panel will rule.

  • 29 Virginia High Schools on Personal Finance Top-100 List

    29 Virginia High Schools on Personal Finance Top-100 List

    Tuesday, April 22 2014 9:32 PM EDT2014-04-23 01:32:06 GMT
    29 schools in the Commonwealth, including many in our area, ranked the the nation's top 100 best high schools for personal finance instruction.
    29 schools in the Commonwealth, including many in our area, ranked the the nation's top 100 best high schools for personal finance instruction.
  • Franklin Co. Sheriff's Office investigating juvenile death

    Franklin Co. Sheriff's Office investigating juvenile death

    Franklin Co. Sheriff's Office investigating juvenile death

    Tuesday, April 22 2014 10:50 AM EDT2014-04-22 14:50:58 GMT
    Deputies were called to Double Oaks Lane in the Burnt Chimney community, where they found a seven-year-old boy with a gunshot wound.
    Deputies were called to Double Oaks Lane in the Burnt Chimney community, where they found a seven-year-old boy with a gunshot wound.
  • Roanoke Police release pictures of suspects in armed robbery

    Roanoke Police release pictures of suspects in armed robbery

    Monday, April 21 2014 4:23 PM EDT2014-04-21 20:23:34 GMT
    Roanoke City Police continue to investigate the armed robbery that took place at Check into Cash on Valley View Boulevard last Tuesday, April 15th.
    Roanoke City Police continue to investigate the armed robbery that took place at Check into Cash on Valley View Boulevard last Tuesday, April 15th.
Powered by WorldNow

WSLS 10, P.O. Box 10
Roanoke, VA 24022-0010

Telephone: 540.981.9110
Fax: 540.343.3157
Email: news@wsls.com

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Media General Communications Holdings, LLC. A Media General Company.