of baby connor peterson. we the jury further find the degree of murder to be that of the second degree. >> 725 other inmates condemned to by by lethal injection? the state. since 2006 there has been a moratorium on punishment. so the odds are we will have scott peterson to kick around for a while. a prominent san francisco attorney. he was one that voted to sentence peterson to death. any second thoughts? >> no second thoughts at all geraldo. i am very comfortable with the decision that we the jurors made. in fact to the best of my knowledge all of the jurors including the ality gnats are very comfortable with the decision that we made. we would take the position scott peterson is where he belongs. >> michael we hold you at high ward -- regard. in hindsight do you think the defense did an adequate job do you think they were overwhelmed publicity? did the prosecution out lawyer them? is scott peterson where he deserved to be? >> i don't think they were out lawyered at all. o >> i thought they were at best star

stacey peterson, young, energy woman partied for four years to police sergeant drew peterson. she is his fourth wife. by many accounts their marriage has been on the rocks. her family says he was controlling and abusive. stacey wanted out and she tells multiple people, if she ends up dead, drew is the killer. an investigation and search is launched. quickly, attention turns to drew's third wife kathleen savio, who only three years before, died under mysterious circumstances. kathleen married drew in 1992. they have two children. her brother nick says the family didn't like drew from the start. but his sister was seduced by the life he offered. >> he gave her everything she never had. money, security. the whole family thing she had what she always wanted. >> judge jeanine: eventually, their relationship soured. >> he became manipulative in their relationship. wanted to know everything she was doing, following her. just trying to control every move. >> judge jeanine: they decide to divorce. savio tells family she fear force her life. >> she told me she would never live to see th

of baby connor peterson. we the jury further find the degree of murder to be that of the second degree. >> 725 other inmates condemned to by by lethal injection? the state. since 2006 there has been a moratorium on punishment. so the odds are we will have scott peterson to kick around for a while. a prominent san francisco attorney. he was one that voted to sentence peterson to death. any second thoughts? >> no second thoughts at all geraldo. i am very comfortable with the decision that we the jurors made. in fact to the best of my knowledge all of the jurors including the ality gnats are very comfortable with the decision that we made. we would take the position scott peterson is where he belongs. >> michael we hold you at high ward -- regard. in hindsight do you think the defense did an adequate job do you think they were overwhelmed publicity? did the prosecution out lawyer them? is scott peterson where he deserved to be? >> i don't think they were out lawyered at all. o >> i thought they were at best star

the fate of stacey peterson is still unknown. fox news contributor mark fuhrman, criminal defense attorney, arthur idol la, joey jackson and forensic thatgist. gentlemen thanks for being with us. doctor, i'm going to start with you. you believe this is a homicide. why is kathleen savio's death a homicide and not an accident? >> first of all judge this is a young, healthy person who dies in a bathtub, rare. the mechanisms to hit her head, become unconscious and drowned, not there. there's not enough room to fall, hit the back of her head and die by drowning. >> judge jeanine: what do you mean the mechanism? >> enough force applied to the head or brain and make her slip a die. there's not enough space for a 5'5 person to fall she is going to hit the wall and slide down absorbing some of that force. >> judge jeanine: mark what doo you think? >> i believed it was a homicide from the onset, first time i read the autopsy. it is pretty clear. everything what the doctor said then reinforce it, no towels by the tub. bottles of shampoo wer

weren't they suspicious of drew peterson right from the start? >> i think that they were suggs suspicious and they did try and get involved early on but unfortunately the original petition that kathy's sister filed through a lawyer in new york who is also representing the family with me, they tried to get involved but in the very beginning they were shut out and, drew pet peterson was plad in charge. under the will the ekimo execus responsible and that is drew's uncle. >> thank you for being with us and i'm sure we will be talking with you again. >> thank you. >> judge jeanine: next, inside the mind of drew peterson. he has been confident from day one. how will he act in court. >>> and a baby beaten in a day care facility, caught on tape. low temperature nine-year-old face charges? [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master'

>>> show what it is like to be drew peterson. imi'm going to camp myself in front of your house and see if you like it. >> judge jeanine: if there is one thing that everybody can agree on it is that drew peterson has been one confident man. the author of inside the criminal mind and dr. john sharp professor of psychiatry at the escaped i esteemed harvl school. i know you cannot diagnose from afar. this guy he is a cop. most guys would be depressed. they would be fearful. they would be frightened. this guy is confident. he is engaged. he is also exuberant. i will start with you, what do you see, what does this tell you? >> i think this is fairly typical. it is the super optimism that i have seen in so many offenders whom i have interviewed. they are certain they are going to get away with the crime before they commit it. they are even more certain as they commit it and even after the fact. now, in this case mr. peterson whom, of course, i have not interviewed but he was a policeman for over two decades so he knows the system. he k

we're talking about the scott peterson case. the cass has captivated the nation from christmas eve 2002 when a pregnant lacey peterson disappeared from her home to her husband's conviction. now he's filed an appeal. peterson continues to insist he had nothing to do the murders of lacey and his unborn son conner, although he was cheating on his wife at the time of her disappearance. the appeal was filed yesterday, eight years after peter son was found guilty of murdering his wife and dumping her in the san francisco bay. >> it's my understanding that the jury has arrived at a verdict in this case. is that correct? >> we have, your honor. >> will you hand the verdict to janaye, please. >> we the jury in the above-entitled cause find the defendant guilty of the crime of murder of lacey peterson in violation of penal code section 187-a, count one of the information filed here in, dated november 12th, year 2004, foreperson number six. >> do you agree as to count one? >> we do. >> we, the jury, find murder to be that of the firs. >deg

weren't they suspicious of drew peterson right from the start? >> i think that they were suggs suspicious and they did try and get involved early on but unfortunately the original petition that kathy's sister filed through a lawyer in new york who is also representing the family with me, they tried to get involved but in the very beginning they were shut out and, drew pet peterson was plad in charge. under the will the ekimo execus responsible and that is drew's uncle. >> thank you for being with us and i'm sure we will be talking with you again. >> thank you. >> judge jeanine: next, inside the mind of drew peterson. he has been confident from day one. how will he act in court. >>> and a baby beaten in a day care facility, caught on tape. low temperature nine-year-old face charges? [ cellphone rings ] the wife. hey, babe. got the jetta. i wiped the floor with the guy! not really. i would've been fine with 0% for 36 months, but i demanded 60. no...i didn't do that. it was like taking candy from a baby. you're a grown man. alright, see you at home.

when peterson's attorney began opening statements with drew peterson's life history. and the trial screeching to a halt when the áprosecutioná started mentioning claims that peterson tried to hire a hitman.(on cam tag) tobin says: "prosecutors will try to use illinois' new hearsay law, which would essentially allow savio to testify from the grave...because family and friends may be able to tell the jury that savio told them peterson threatened to kill her. in joliet, illinois, mike tobin, fox news." controversy... over the removal ...of... trayvon martin's... memorial today...//.city manager ... norton bonaparte ...removed the memorial... outside the retreat... at... twin lakes.../ after receiving complaints...///.but ... seminole county ... president... turner clayton... wants the memorial ...put... back up../. some... residents say... memorials... shouldn't be place... in an area... where people... don't want them. 105-116"i don't disagree that there needs to be a memorial. i try to understand for the people who live therea& would i want to look at that ev" everyd

olympic team. >>> show what it is like to be drew peterson. imi'm going to camp myself in front of your house and see if you like it. >> judge jeanine: if there is one thing that everybody can agree on it is that drew peterson has been one confident man. the author of inside the criminal mind and dr. john sharp professor of psychiatry at the escaped i esteemed harvl school. i know you cannot diagnose from afar. this guy he is a cop. most guys would be depressed. they would be fearful. they would be frightened. this guy is confident. he is engaged. he is also exuberant. i will start with you, what do you see, what does this tell you? >> i think this is fairly typical. it is the super optimism that i have seen in so many offenders whom i have interviewed. they are certain they are going to get away with the crime before they commit it. they are even more certain as they commit it and even after the fact. now, in this case mr. peterson whom, of course, i have not interviewed but he was a policeman for over two decades so he knows the system. he k

peterson. >>> hello. the state of a florida teen, wayne tracy, is now in the jury's hands. was tracy insane when he savagely beat and stomped the 15-year-old girl, or did he know exactly what he was doing? take a look at this. it is a brutal attack. 15-year-old josie lou ratley kicked and stomped in the head over and over again by 17-year-old wayne tracy. just hours before the two florida steens -- teens got into a fight while text messaging. at one point during the nasty 45-minute exchange josie references wayne's sibling who had recently committed suicide. she sends a text saying, "go visit your dead brother." >> that really angered me. usually when i get angry it goes away because i can vent. i don't know. the feeling didn't subside. >> he messaged friends saying "i am going to kill her." asked why and he said "snap her neck and stomp her skull." 2 and a half hours later wayne waits outside josie's school. when she emerges he uhing tays kicking her with a steel-towed boot. josie is knocked unconscious

stacy peterson ... stacy peterson vanished in 2007. her disappearance, but hasn't been charged. his attorneys listed her as a potential witness... as a way of saying they believe she simply ran away, and is still alive. peterson's lawyers were asked about this last week. >> stacy who? >> joining us now is our legal analyst, terry sullivan.... this idea of calling stacy peterson as a witness in these attorneys for the defense being so flippant ... will this work? >>the defense wants the idea put out there that there is no evidence by the prosecution ... i would not try a case this way and i would not be joking around about it before the advent of the trial ... >>this was initially classified an accidental drowning and no one is doing anything to protest the finding is this a huge element? >>yes it is ... they're hoping to get certain statements in their prosecution ... they hope it will be incriminating ... they believe they can get this in front of the jury ... a problem the prosecution has ... these ar

>> it is, your honor. >> will scott peterson cheat death? our legal panel is here to discuss the case. gentlemen, welcome. >> our pleasure. >> you covered this case as it was happening in realtime. ted, what was your reaction to the verdict? >> i was not shocked by the verdict. i thought there was quite naturally enough evidence there to actually convict. i got to tell you, to be sitting on this stage, eight years later, with bernie graham -- we had dr. michael badden, greta, and also jim hammer, we all relived this case eight years ago, and now to revisit it it's amazing. >> bernie, your impressions when the verdict rolled out? >> you know, not surprised, even though no one can say when it happened, how it happened. i mean, it's funny, ironic, on the front end you teased the casey anthony case. very, very similar facts. they couldn't find when and where, a motive, yet she gets acquitted, he's convicted. this brief weighs about 3 1/2 pounds. >> we've gotten through it. it's 423 pages. that's important, you know, because there are a lot of th

>> the state of california versus scott peterson. we, the jury, in the above-entitled cause find the defendant scott s lee peterson guilty of the murder of lacy deniseur peterson. >> hello and welcome to justice. the fate of a florida teen is now in the jury's hands. wasds treacy insane when he savagely beat and stomped a 15-year-old girl, or did he know exactly what he was doing? take a look at this. >> it is a brutal attack. 15-year-old josey rattily, viciously kicked and stomped in the head over and over again by 17-year-old wayne tracy just hours before the two florida teens got into a fight while text messaging. at onein point during the nasty 45-minute exchange, josey referencesnc wayne's sibling who had recently committed suicide. she sends a text saying go visit your dead brother. >> that really angered me and usually when i get angry, it just goes away. i can just vent and stuff. the feeling didn't subside. >> he messages friends saying i'm going to kill her. asked how, he replies snap her neck, then stomp her skull. two and

. >> days after lacy disappeared, we spoke one on one with scott peterson. then, the grieving husband. tonight, the convicted wife killer. now his case may be heading back it court. the supreme court. and the reason why. >> it is a myth. it is a hoax. >> the self proclaimed environmentalist, wage war to save plastic. the surprising support behind him. >> good evening. temperatures in the 80s today. even hotter as we head into the weekend. numbers in upper 70s by the noon hour. if you are heading out to the san francisco walk for breast cancers, you can expect a cool day with a few clouds. we are back with our hot weekend in just a few minutes. so... [ gasps ] these are sandra's "homemade" yummy, scrumptious bars. hmm? maybe. rich chocolate chips... i just wanted you to eat more fiber. chewy, oatie, gooeyness... and, and...and then the awards started coming in, and i became addicted to the fame. topped with chocolaty drizzle... and fraudulence. i'm in deep, babe. you certainly are. [ male announcer ] fiber one. fiber beyond recognition. >>> scott peterson's t

peterson also remains a person of interest in stacy peterson's disappearance, b buffets, bu but faces no charges. >> harris: and we don't know if he'll testify on his own before. >>. >> reporter: we don't know that and we did sigh one of the spokes people for them, an attorney, saying they're happy with the jury pool they have. and happened quickly, lightning speed. >> harris: if it goes on schedule it will start on tuesday, anna kooiman, thank you. a delicate dance 210 miles above our head. and an attempt to dock with the unable space station, would you believe this is all to take out the trash? a member of congress who happens to be a military veteran accusing the u.s. army of refusing to provide our troops with life saving technology in afghanistan. it was detected the single greatest threat in the field. why isn't the military using it? [ male announcer ] if you had a dollar for every dollar car insurance companies say they'll save yoby switching, you'd have like, a ton of dollars. but how are they saving you those dollars? a lot of companies might answer "um" or, "no comment." th

>> we, the jury, find scott lee peterson guilty -- >> reporter: nearly a decade after scott peterson was convicted of killing his wife and unborn son, sentenced to death for the crime, he wants another chance at freedom. in this 423-page report, the lawyers claim the prosecutors had no direct evidence of when, how, or where the crime was committed. and believes due in the massive media attention that the trial got -- >> scott peterson. >> scott peterson. >> scott peterson. >> reporter: -- it didn't allow peterson a fair trial. >> they're arguing that there was too much prejudicial pretrial publicity. while the case was moved from modesto to san mateo, the lawyers say that's not enough. >> reporter: police believe it happened between december 23rd and the morning of christmas eve, 2002. suffocating her and then dumping the body in the san francisco bay. from day one, he denied responsibility for her death, saying he was away on a fishing trip when she disappeared. in all the years behind bars, the former fertilizer salesman doesn't appear to have aged much. >> one of the reasons that

and believes due in the massive media attention that the trial got -- >> scott peterson. >> scott peterson. >> scott peterson. >> reporter: -- it didn't allow a fair trial. >> they're arguing that there was too much prejudicial pretrial publicity. while the case was moved from modesto to san mateo, the lawyers say that's not enough. >> reporter: police believe it happened between december 23rd and christmas eve 2002, suffocating her and then dumping the body in the san francisco bay. from day one, he denied responsibility for her death, saying he was away on a fishing trip when she disappeared. in all the years behind bars, the former fertilizer salesman doesn't appear to have aged much. >> one of the reasons that scott does well, it appears, in jail is that he has the personality that adapts. he's sort of a classic anti-social personality which means he basically doesn't have a conscience. if you don't have a conscience, you don't worry. >> reporter: he has his own cell? san quentin, only allowed outside of it for five hours a day. he's received numerous fan letters and two marriage propo

and scott peterson looks pretty darn good. you are a psychiatrist, dr. sharp. how do you explain that? >> he was a stow -- stoisicm that is too cool. normally with all of the losses he suffered, his wife, his child, his freedom, condemned he president would look good. he is a cool cucumber who is sticking to his story. >> maybe a sociopath? >> could be. >> you don't think so. you didn't offer that up. >> i am trying to be polite. >> since when are we polite? >> if he committed the murder like we say he did, and he is looking pretties in jail and not sweating at all, that is consistent with sociopath thick activity. >> that's what i thought. attorneys, why did it take eight years to file the appeal? >> the only thing that occurred to me was there are issues on who would represent him on the appeal. we don't know what was going behind the scenes, whether the family couldn't afford to hire one firm versus another or trying to work things out and it fell through, we have no idea. before we condemn the length of time it has taken for the appeal -- >> don't you agree

peterson also remains a person of interest in stacy peterson's disappearance, b buffets, bu but faces no charges. >> harris: and we don't know if he'll testify on his own before. >>. >> reporter: we don't know that and we did sigh one of the spokes people for them, an attorney, saying they're happy with the jury pool they have. and happened quickly, lightning speed. >> harris: if it goes on schedule it will start on tuesday, anna kooiman, thank you. a delicate dance 210 miles above our head. and an attempt to dock with the unable space station, would you believe this is all to take out the trash? a member of congress who happens to be a military veteran accusing the u.s. army of refusing to provide our troops with life saving technology in afghanistan. it was detected the single greatest threat in the field. why isn't the military using it? >> well, it's a clear-cut case of at first you don't succeed, try and try again. an unmanned russian spacecraft finally docking at the international space station after a failed attempt last week. progress, 47 cargo ship separated for testing and t

this is going to be all about drew peterson. this is the drew peterson show. >> reporter: among the first witnesses, prosecutors are calling savio's neighbor and a locksmith. but it's all circumstantial witness. >> the fact there's no eyewitness, no smoking gun, no dna. >> reporter: attorneys estimate the trial could last up to four weeks, reporting from los angeles. >>> in another high profile case, shelly zimmerman has plead not guilty to a perjury trial. she is the wife of 28-year-old george zimmerman. shelly is accused of lying about the family's financing. the judge revoked her husband's bond and sent him back to jail. the judge said the zimmerman's misrepresented how much they had when the initial bond was set. george zimmerman pleaded not guilty saying he is shot the teenager -- he shot the teenager in self-defense. >> many came out to support the penn state team following the ncaa crackdown on the school due to the alleged coverup of the sex scandal. they didn't want top punish current players, so they gave them the opti

coming up, scott peterson fights for his life from san quentin. a multi-millionaire oil tycoon van she is withouishes without . his boat mysteriouly washes up on shore. was it suicide or something even more si sinister? stay with us. [music playing] announcer: movement. along with weight loss, it's one of the many ways to fight osteoarthritis pain. for more information on managing pain, go to fightarthritispain.org. >> on the 18th of june his wife and several other family members had received letters from mr. price indicating that he had to travel to key west, florida. he boarded a ferry from key west to fort myers and subsequently we do not know whether he exited that boat willingly. >> all right. investigators continue the search for answers in the mysterious disappearance of georgia banker aubrey lee price. joining our panel now is white collar crime investigator from the westchester county d.a.'s office, an office we're familiar with. our panel joins us again. ken, did this guy kill himself or is he on the l a m. >> he's on the lam. >> why? th

peterson also remains a person of interest in stacy peterson's disappearance, b buffets, bu but faces no charges. >> harris: and we don't know if he'll testify on his own before. >>. >> reporter: we don't know that and we did sigh one of the spokes people for them, an attorney, saying they're happy with the jury pool they have. and happened quickly, lightning speed. >> harris: if it goes on schedule it will start on tuesday, anna kooiman, thank you. a delicate dance 210 miles above our head. and an attempt to dock with the unable space station, would you believe this is all to take out the trash? a member of congress who happens to be a military veteran accusing the u.s. army of refusing to provide our troops with life saving technology in afghanistan. it was detected the single greatest threat in the field. why isn't the military using it? [ cellphone rings ] the wife. hey, babe. got the jetta. i wiped the floor with the guy! not really. i would've been fine with 0% for 36 months, but i demanded 60. no...i didn't do that. it was like taking candy from a baby. you're a grown man. alri

reportedly made to others hope will incriminate drew peterson. >> pair of downstate county clerks in court today defended the state ban on same-sex marriage the move direct response to gay rights lawsuit filed two months ago against cook county clerk clement to violate the equal protection clause state constitution. counter lawsuit plaintiffs in the of original lawsuit trying to exploit county officials might be sympathetic to the cause. 12 year old girl petitioning governor quinn over something should take seriously abby goldberg from grayslake wants the governor to veto a bill aimed at blocking local efforts to limit the use of plastic bags online petition selected more than 150,000 signatures delivered to governor pat when office this morning last month state legislatures approved a proposal to require plastic bag recycling programs but prohibits communities from banning plastic bags or charging for them. andy griffith who played mayberry sheriff andy taylor the way today television's most beloved star also gained a round of television fame playing defense attorney "matlock" dean

natalie morales has the story. >> reporter: laci peterson disappeared. scott peterson told police he went fishing in san francisco, and when he returned to home in modesto, laci weren't there. laci's remains were found nearby the next day, not far from where peterson told police he had been gone fishing. he was arrested and charged. he had dyed his hair blond, had grown a goatee, and carried cash, credit cards and other items in his car. he was tried and convicted in 2004. in the appeal filed last thursday, peterson's attorney says the prosecutor could not prove how the crime occurred. there were no confessions or admissionses much culpability. there were no eyewitnesses and there was no murder weapon found. >> they're raising good evidentiary issues the problem is that circumstantial evidence alone is enough to establish guilt. >> reporter: the appeal also said a mob of more than 1,000 people waited outside the courthouse for the verdict and cheered the departing jurors after they found peterson guilty, but before they deliberated his penalty. >> certai

peterson, as you may remember, was sentenced to death for murdering lacy peterson before dumping her body in the san francisco bay christmas eve 2002. >>> george zimmerman is free again, just one day after a florida judge set his bond for $1 million. zimmerman had to post $100,000 to meet the requirement for his release. an initial bail of $150,000 was revoked last month after a judge ruled that zimmerman and his wife misled the court about their finances. zimmerman will now report to officials every two days, abide by a curfew, and be monitored electronically. he is charged with killing 17-year-old trayvon martin in february. he maintains it was self-defense. >>> more than 20 years after having her innocence violently taken away from her, a woman says she's been given a miracle. when jennifer schuett was 8 years old, she was kidnapped, raped and left for dead. now two decades later the man who carried out that heinous attack was arrested and admitted his guilt. schuett has overcomed yet another obstacle in order to fulfill a lifelong dream. >> reporter: it was a cruel end of innocen

after peterson's forth wife, stacy disappeared. peterson is not facing charges in that case. cnn's ted rowlands is live in chicago. what can you tell us about that, ted? >> absolutely. there's a very good chance when this is said and done drew peterson, the former ex-cop will walk out of this courthouse a free man because it is such a challenging case for prosecutors. and the reason is two-fold. first off, there's no direct physical evidence that tie peterson to his ex-wife's death. it was first ruled an accident. there's an autopsy report that was done in 2004. and there was a jury that, coroner's jury that looked into the case at the time at the request of the family and came to the conclusion it was an accident. a huge hurdle for prosecutor then there is the stacy factor, the fourth wife, prosecutors cannot bring that into this trial. it's a huge part of the overall equation but they can't talk about it. the defense team was talking about it outside the courthouse the other day. take a listen to what they say. >> what do you make of the stacy factor in this trial? >> who?

. >> alan: scott peterson appeals his death sentence. does that mean he could walk free? >> ama: firefighters get the upper hand on a blaze near redding. >> leigh: we have a live shot for you right now. terrific from the high definition mt. tamalpais camera. the fog moving in, could me >> closed captioning brought to >> closed captioning brought to >> ama: scott peterson is appealing his death sentence for the murder of his wife lacey and their unborn sun. the case received a lot of publicity and the attorneys say that affected the outcome. >> we find the defendant guilty -- >> nearly a decade of he was convicted of kills his wife and unborn son, he wants another chance at freedom. in this 423 page appeal, his lawyer claims the california prosecutors had no direct evidence of how, when, or where the brutal crime was committed and believes, due to the massive media attention the trial got -- didn't allow peterson a fair trial. >> his lawyers arguing the verdict should be overturned because there was too much prejudicial pretrial publicity. and while the case was moved to s

drew peterson. i have a warrant for your arrest for the murder of kathleen savio. >> reporter: since jury selection started last week, dozens of potential jurors who saw the movie have been struck from a pool of 200, for fear they may be biased. meantime, that pool, that was first called for duty back in 2009, finally heard from the defendant. in court, peterson greeted them with, good morning, ladies and gentlemen. i'm drew peterson. have a good day. >> this is going to be a spectacle. this is going to be about drew peterson. this is drew's world. >> reporter: defense attorneys argue that kathleen's death was clearly an accident. as for the heresy that makes the trial unique, the judge will decide which statements will be allowed in court. josh? >> thank you for that. >>> i want to bring in dan abrams. you interviewed drew peterson many times, dan. some things here look very bad, especially when you know the whole of his adult life. but you this still might not be an easy case to make for the prose

. >>> peterson peterson has been on death row ate years and likely to be there a lot longer before the state executes him for murdering his wife and unborn baby. new word of his appeal. and what his lawyer is now saying about the case is next. while some fiber ads use super models, metamucil uses super hard working psyllium fiber, which gels to remove unsexy waste and reduce cholesterol. taking psyllium fiber won't make you a model but you should feel a little more super. metamucil. down with cholesterol. scott peterson, convicted of murdering his wife, laci and their unborn son has appealed his death sentence with california's supreme court. prosecutors say scott peterson suffocated his wife and dumped her body in the san francisco bay in 2002. scott peterson denies killing her saying he left home to go fishing alone not far from where her body turned up. his attorney says investigators never uncovered evidence that directly proved how, where or when laci died. he says the case got nor pub accomplice and the simpson simpson trial and some jurors made up their minds before they heard f

peterson is not facing charges in that case. ted rowlands joins us from joliet, illinois, it was a long time coming and it was delayed and prosecutors face some challenges, don't they? >> reporter: absolutely, john. a huge uphill climb for prosecutors because the reason that they exhumed kathleen savio's body in the first place was because peterson's fourth wife was missing and presumed dead and they have him as the main suspect. they can't bring in spacey peterson at all during the trial and the original investigation into savio's death was ruled an accident. it's a huge problem for prosecutors. take a listen to joel brodsky, the outspoken attorney for drew peterson. >> we do not have that sound right now, ted. >> reporter: well, i can tell you basically what he said, the autopsy came back and said this was an accident, this was an accident, this was an accident. and that's what we're going to hear today, john, in opening statements from the defense. basically, using that first autopsy done on kathleen savio and it's going to b