laci was missing. but before we get there, we'll begin here with laci peterson's mother sharon rocha surrounded, fortified really by laci's best friends, stacey boyers, lori ellsworth, and renee tomlinson. >> they seem to make you feel cheerful -- >> they do. they help a lot -- i'm glad they're here. >> but it's tough still, huh? >> it is tough. >> reporter: perhaps harder than ever to talk about it, she said, to talk about her long dead daughter, whose case so captivated the country. there are people growing up who probably either don't remember or never knew about laci peterson. tell me about laci. >> i moved to modesto in the third grade. and i knew nobody. and she was one of the first people i met. and there was no not meeting her. >> reporter: you get the idea. big personality. >> it just makes you want to whistle. >> she made everybody laugh and welcome and just with a smile. she could smile and you would know that that is the girl that you're going to be probably spending the rest of the night t

and so did laci's brother. the fact that more than 17 years later, every day, this family is dealing with an unbelievable loss of laci peterson and also her potential. the fact that her mom said she would have been an incredible mom and that she didn't get to see her grandson. never got to meet her grandson, but also her grandson was not able to interact with other family members. and never get to truly know their family. so that was very compelling and certainly an emotional moment hearing from laci's family. >> what about scott peterson? what was his emotion, his gestures, his look on his face when he heard life in prison, no parole? >> he was very stoic. he was wearing a white mask throughout the court proceedings, and what i noticed with him is that he did a lot of really heavy breathing and a lot of swallowing during the entire time and that's what happened, i saw him gulp a couple of times when he learned the sentencing. of course, the sentence was no surprise. it was the only option for the judge to give

laci was missing. but before we get there, we'll begin here with laci peterson's mother sharon rocha surrounded, fortified really by laci's best friends, stacey boyers, lori ellsworth, and renee tomlinson. >> they seem to make you feel cheerful -- >> they do. they help a lot. i'm glad they're here. >> but it's tough still, huh? >> it is tough. >> reporter: perhaps harder than ever to talk about it, she said, to talk about her long dead daughter, whose case so captivated the country. there are people growing up who probably either don't remember or never knew about laci peterson. tell me about laci. >> i moved to modesto in the third grade. and i knew nobody. and she was one of the first people i met. and there was no not meeting her. >> reporter: you get the idea. big personality. >> it just makes you want to whistle. >> she made everybody laugh and welcome and just with a smile. she could smile and you would know that that is the girl that you're going to be probably spending the rest of the night tal

laci's sister amy cried as she spoke, saying there are so many special occasions that laci and connor should have been here for. scott peterson was prepared to give a statement in court but the judge denied the request. >> i think what he would have liked to have said is he wanted to talk about the fact that he did, one of the things that really upsets him is this concept that he did not want to have a child, and he wanted to talk a little bit about that, and the fact that he would never, ever harm laci and connor. >> there is no forensic evidence. there is no timeline to this crime. scott peterson is innocent. >> so what was it like inside that courtroom? and could scott peterson ultimately be set free? we mentioned the bigger picture here. he will be back in court where his legal team will ask for a brand-new trial. tonight we're joined by maianne favro, she was one of three reporters allowed in the courtroom today, and our analyst. marianne, this is the first time laci peterson's family has been face-to-face with scott in more than 15 years. what was that like inside that courtroom

brent rocha, laci peterson's brother, also spoke through tears to the court. there are no words able to express the pain associated with not being able to experience life together. and amy rocha, laci peterson's sister spoke tearfully to the court. 19 years, and there's not a day that goes by that i don't think about my sister. we have much more on today's resentencing of scott peterson on our home page, there you can watch news conferences featuring peterson's lawyer and sister-in-law. >>> another high-profile case and a day of closure in the trial of elizabeth holmes. after three months of testimony, the prosecution and defense rested their case. she is accused of defrauding investors, knowing that her machines didn't work. >> reporter: on the seventh day of her testimony, the defense rested. elizabeth holmes wrapping up a week on the stand, as prosecutors rested their case as well. >> history is going to be the judge of whether elizabeth holmes taking the stand in her own defense was a good idea or really terrible. >> reporter: holmes testified that while s

laci's mother said that nearly 20 years later the pain is persistent. she called him a coward and self-centered saying there are two things that will never change, laci and connor will always be dead and you will always be their murderer. judge ann kristine masuelo sentenced him to life without parole. >> i think what he would have liked to have said is he wanted to talk about the fact that he did one of the things that really upsets him is this concept that he did not want to have a child. and he wanted to talk a little bit about that, and the fact that he would have never, ever harm laci and connor. >> reporter: more than 17 years after his cop vix, peterson's sister-in-law maintains his ensense. >> scott peterson is innocent. >> reporter: he will be back in court in february on allegations that juror misconduct prevented him from getting a fair trial. if granted, he could get a whole new trial. >> we wanted to share a few quotes from laci peterson's family. laci's mother looked directly at scott peterson saying you betrayeder had and your son and eve

lacy's mother confronting him, telling him, quote, lacy and connor will always be dead and you will always be their murderer. peterson sitting in silence. lacy's sister in tears, telling hip, it makes me sick being here today in front of you again. nearly 20 years ago, peterson admitted to an affair, but denied the killings, in an exclusive interview with diane sawyer. >> did you murder your wife? >> no, no. i did not. >> reporter: tonight, peterson's attorney maintaining his innocence and saying the judge denied his client's request to speak at the hearing. >> he wanted to make it clear that there is no way he could have possibly harmed lacy and connor. >> reporter: and david, scott peter zone is still trying to get his conviction overturned. his lawyer is asking for a new trial and they have a hearing for that in february. david? >> all right, kayna whitworth with us tonight, as well. kayna, thank you. >>> meantime tonight, on capitol hill, the head of instagram grilled about its effects on children, particularly young girls. so, what's being done and how soon? rachel scott on the hill t

. >>> scott peterson resentenced for the killing of his pregnant wife laci. the emotional words in the courtroom from laci's mother. >>> less than ten months after his near fatal crash, tiger woods announcing he's officially coming back. >>> the head of instagram grilled for the first time by congress the heated questions he faced over teen safety and it is back on the big screen two generations of stars coming together for steven spielberg's reimagined "west side story". >>> this is nbc "nightly news" with lester holt. yo >>> good evening as we head into our third winter of covid, but health experts are pointing tonight to a more urgent challenge on another front, where the delta variant is still killing more than a thousand people each day. let's begin with tom costello. six states now make up half the country's hospitalizations, michigan, ohio, indiana, pennsylvania, new york and illinois. most patients unvaccinated but some are breakthrough cases. massachusetts is now coping with a third covid wave trauma rooms at umass memorial 120% full the staff utterl

lacy's mother confronting him, telling him, quote, lacy and connor will always be dead and you will always be their murderer. peterson sitting in silence. lacy's sister in tears, telling him, "it makes me sick being here today in front of you again." nearly 20 years ago, peterson admitted to an affair, but denied the killings, in an exclusive interview with diane sawyer. >> did you murder your wife? >> no, no. i did not. >> reporter: tonight, peterson's attorney maintaining his innocence and saying the judge denied his client's request to speak at the hearing. >> he wanted to make it clear that there is no way he could have possibly harmed lacy and connor. >> reporter: and david, scott peterson is still trying to get his conviction overturned. his lawyer is asking for a new trial and they have a hearing for that in february. david? >> all right, kayna whitworth with us tonight, as well. kayna, thank you. >>> meantime tonight, on capitol hill, the head of instagram grilled about its effects on children, particularly young girls. so, what's being done and how soon? rachel scott on the hill t

laci and conner will have been gone 19 years this christmas eve. >> reporter: laci peterson's family speaking out in anger and anguish. scott peterson was feet away, shackled, wearing a mask and staring directly at laci's mother as she lashed out at him. she's dead because she loved you, she trusted you and believed you you betrayed her and your son and everyone else. peterson's death sentence reduced to life without parole after the supreme court found significant errors in jury selection. peterson was found guilty of murdering laci and their unborn baby conner on christmas eve 2002 since his 2004 trial, peterson murdering has remained silent. on wednesday, the judge denied his request to speak his lawyer saying he wanted the opportunity to challenge the public's perception of him >> one of the things that really upsets him is this concept that he did not want to have a child and he wanted to talk a little bit about that and the fact that he would have never ever harm laci and conner. >> reporter: in the hearing, laci's mother recounting the last time she saw her daughter she and i

was convicted of killing his wife laci peterson and their unborn child. but today, you heard there, his sister is speaking out against him one day after a judge resentenced scott peterson from the death penalty to life in prison, his sister said she is prepared to testify in a possible retrial that is coming to say her brother is guilty. janelle wang has more. >> that i believe scott is guilty of laci and conner's murder. >> reporter: she held a news conference with her attorney gloria allred. her brother stayed with her after laci's disappearance in 2002 to get away from the craziness in modesto. >> the behavior that i witnessed from scott after laci disappeared was not that of a grieving husband or father to be. it was that of a roving bachelor. >> reporter: at yesterday's resentencing, a different relative, skolt peterson's sister-in-law, coming to his defense reiterating why she believes scott is innocent. investigators got it wrong. scott was a cheater. not a murderer, and police were too focused on his affair. >> they focused strictly on my brother-

her siblings told him, voices breaking with emotion, they are traumatized and he took laci and connor away from the world. when laci's mother spoke as she did not break as she glared at scott peterson and told him, there are two things that will never change, "lacey and connor will always be dead and you will always be there murderer." peterson was prepared to speak but did not get a chance to speak, his attorney maintained his innocence and after the hearing and summed up what peterson wanted to say. >> he understands why they believe that he is guilty but he wanted to make it clear that there is no way he could have possibly harmed laci and connor . that is the essence of what he would say. >> reporter: this is not the last time we will see scott peterson, he has another big hearing early next year. >> reporter: yes, that is the hearing he and his defense team are set on because that hearing, based upon one allegation of juror misconduct, could determine whether or not peterson gets an entirely new trial. of course, up until then, peterson will remain in custody. >>> in san jose, el

and how could he have done anything to laci. there was no reason. there was no reason for him to kill laci, other than pure selfishness. >> at today's hearing, members of peterson's family will also be there, including his sister-in-law, janie, who says she's always believed his innocent. her fight to set him free doesn't end with today's sentencing. she hopes evidence of alleged juror misconduct will win scott a whole new trial. >> if he is given a new trial, do you think he'll be exonerated? >> absolutely. i'm confident that scott will never be convicted again. >> much of the da's case was based on his affair with amber frye who says she had no idea he was married. he told her his wife had died. >> but there was no evidence that he had anything to do with what happened to laci. >> you don't believe an adulterer makes motive for murder? >> i don't think you can take that leap. we don't have justice. this crime is not solved. >> reporter: given that we haven't heard peterson speak out in 17 years, i asked his lawyer why is he speaking out now? he sa

disappeared was not that of a sad husband. >> he was convicted of killing his wife laci peterson and their unborn child. but today, you heard there, his sister is speaking out against him one day after a judge resentenced scott peterson from the death penalty to life in prison, his sister said she is prepared to testify in a possible retrial that is coming to say her brother is guilty. janelle wang has more. >> that i believe scott is guilty of laci and conner's murder. >> reporter: she held a news conference with her attorney gloria allred. her brother stayed with her after laci's disappearance in 2002 to get away from the craziness in modesto. >> the behavior that i witnessed from scott after laci disappeared was not that of a grieving husband or father to be. it was that of a roving bachelor. >> reporter: at yesterday's resentencing, a different relative, skolt peterson's sister-in-law, coming to his defense reiterating why she believes scott is innocent. investigators got it wrong. scott was a cheater. not a murderer, and police were too focused on his affair. >> they focused str

john, powerful words from lacy peterson's sister in the courtroom. amy. she said she feels cheated out of a relationship with her sister who would have been 49 today. her unborn son who she would have named connor would have been 18 wednesday. >> john: it was a horrific crime. if there is another trial, which we don't know if there will be on not, that will be in february. we talked with mercedes colwin. amber frye is prepared to testify against him again. so all of that could be dredged up if this does back to a retrial. >> sandra: great to be with you. a jam packed two hours. thanks for joining us. i'm sandra smith. >> john: day in and day out, the news just doesn't stop coming. thank you all for joining us between 1:00 and 3:00 eastern. i'm john roberts. "the story" with martha starts right now. >> martha: good afternoon. i'm martha maccallum in new york. some say it's not happening. you can see it with your own eyes and you can look at the actual numbers, the data, which this does not lie. the ambush of on the steps of a california home, the guy went

laci's sister and brother talk about the pain and devastation. in february, peterson could be granted an entirely new trial if the judge in rewood city agrees there was additional jury misconduct. >> once there is a decision, then is it so prejudicial that it depends a new trial. the juror called strawberry shortcake, she lied in jury selection. >> so one of our legal analysts, scott peterson is 49 years old and maintains his innocence. >>> tomorrow, family, friends and former colleagues will get together to remember this security guard. he was shot and killed after an attempted robbery in oakland last month. he was providing security for a have the have the news crew at the time. the reward money has grown to $38,000. services are tomorrow at than at the san jose sic center. we'll be streaming live on our website beginning at than. >>> we could see thousands of women coming here to california to get an abortion. many clinics will be clesed. today they laid out their plans with the support of governor newsom. >> reporter: a sanctuary state for ab

. >>> scott peterson accused of killing his wife laci was given a few prison sentence. >>> thousands of dollars were hidden in a wall if joel osteen's megachurch. >>> we begin with the alarming rise of crime across the united states many cities are breaking the murder record in a troubling trend. gabe gutierrez has more. >> reporter: for many cities, big and small, this has been the deadliest year ever. in philadelphia, 525 homicide breaking a record for 30 years and too many agonizing moments to count what will you miss the most about him? >> oh, tamir always smiles he makes me happy. he cheers me up. >> reporter: she speaks about her 14-year-oldson samir, but as he waited for bus last week, he was killed two people got out of a car, chased him across the street and fired about five shots he was hit 18 times. >> the people that killed him, they're monsters, they shot my son 18 times. >> reporter: one of the cities setting records, portland, tucson, toledo, st. paul andal berke. the debate is raging some blame the pandemic, in part, keeping more criminals out of jail, more gups and f

lacy and connor will always be dead, and you will always be there murderer. peterson received a new sentence on wednesday, a hearing is set for early 2022 which will determine whether or not peterson gets an entirely new trial based upon an allegation of juror misconduct. >> scott is focused on the hearing. that is important in hearing from us. >> reporter: cordell is a retired superior court judge who has followed the case closely. >> brace yourself, there may be no new trial at all, or we might have to start it again. >> reporter: peterson's sister- in-law, janie, maintains his innocence and hopes for a retrial. >> scott is in prison and has been in prison for over 18 years for a crime he did not commit. scott peterson is innocent. >> reporter: lacy's family hopes a retrial does not happen so they do not have to reopen old wounds. >> max, if there were a new trial would that mean square one again? >> reporter: allen, it would be an entirely new trial meaning evidence could be submitted, back to square one where the prosecutors would have to prove scott pete

laci is dead because she trusted you. earlier, laci's told peterson, it makes me sick to be before you now. even though the death penalty has been lifted, you will be penalized in this life and after. after the family spoke, the judge resentenced peterson to life in prison, bringing an end to his long stay on san quentin's death row. >> he has been in prison 18 years for a crime he did not commit. that is a heavy load to bear. >> in the front row of court,, peterson listening intently. he even appeared to become emotional at times and answered a couple of questions from the judge but never gave a formal statement. >> one of the things that really upsets him is this concept that he did not want to have a child. he wanted to talk about that into the fact that he would have never ever harmed laci and connor. >>'s attorney says he wanted to make a statement but the judge wouldn't allow it. -- juror misconduct. his family has maintained his innocence, but laci's have no doubt about what he did on christmas eve, 2002. no matter

laci peterson's family will also have the right to do the same thing. scott peterson was convicted in 2004 for killing his wife, laci, and their unborn son. the supreme court kept the guilty verdict but overturned the sentencing because the judge made mistakes that impacted peterson's right to an impartial jury. as part of the sentencing, laci peterson's family has the right to address the court. along with laci and her family, scott peterson is expected to break his silence for the first time in nearly 20 years as he tries to get a new trial in a separate hearing. >> with any luck we are going to hear more details about what he was doing, where he was going and perhaps even what he thinks about the new evidence that has emerged in this case. >> reporter: that request for a new trial is a completely separate hearing. that is going to be heard sometime next year. what is happening today is the resentencing. again, the judge only has one option and that's to resentence him to life if prison without the possibility of parole, but we expect to hear from him

. >> it's been a 20 year since lacy peterson's mother came face-to-face with her daughter's convicted killer. what she had to say to scott peterson in a bay area courtroom. >>> streaming on cbsn bay area, the push tonight to make california a sanctuary state for abortion. and, have taxpayers foot the bill for women in need. good evening, i'm allen martin. >> i'm elizabeth cook. dozens of states could ban the procedure if the supreme court overturns roe versus wade. andria borba on the proposal to give those potential patients somewhere to go. ondrea? >> governor gavin newsom says he has signaled support for expanding abortion access in california particularly an influx that could come for arizona if roe versus wade is gutted. >> if roe versus wade falls or is gutted by the supreme court a council convened in september released 45 recommendations to prepare for a possible influx of out-of-state patients, among the recommendations, scholarships and loan assistance for doctors who pledge to offer abortion access in rural parts of the state, as well as making sure abortion providers recei

wife and unborn child 19 years ago back in court for resentencing what the judge decided watching, laci peterson's mother what she said today, directly to scott peterson in court. >>> a submerged car caught in the rapids at the edge of niagara falls the dangerous coast guard mission just hours ago to try to rescue the woman trapped inside. small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. crest. the #1 toothpaste brand in

made the cover of the tabloids almost two decades ago lacy's family members got emotional. while accusing peterson of never showing remorse for her murder her mom told him directly, scott, 19 years ago today, you were in the midst of planning laci's murder. she called him a coward and said i still feel the grief every day after 19 years your evil, self-centered unforgettable selfish act ended two beautiful souls and for what reason there was no reason other than you just didn't want them anymore. scott peterson's attorney insisted his client is innocent and that's the reason he has shown no remorse he said scott peterson was ready speak but the judge would not allow it what has left of lacy peterson's and her unborn son's bodies washed ashore just miles from where scott peterson had insisted he had been fishing on christmas eve. that's the day laci peterson went missing the same judge is separately considering whether jury misconduct prejudice peterson's original case. the judge will decide whether peterson gets a new trial. >>> federal prosecutors expected to rest their ca

the judge has allocated 16 seats inside the courtroom for laci peterson's friends and family. that was then, this is now. more than 17 years after he was convicted for the murders of his wife laci and their unborn son connor, scott peterson is set to be sentenced again. he will return to court in redwood city to formally hear his new sentence, but it's no mystery what the judge will say. >> well, the only thing the judge can do tomorrow is impose life without the possibility of parole. for our purposes, that's the only option tomorrow. >> reporter: what changed? why is peterson's death sentence being thrown out? >> scott peterson is being resentenced because the california supreme court struck down the death penalty as being violative of california state law. the way the jury was selected violated the state constitution, and that made the death penalty verdict rendered by the jury illegal. >> reporter: friends and family of laci are expected to give victim impact statements at the hearing. peterson himself is also expected to read a short statement. meanwhile, peterson's attor

that captivated the nation in 2004, a jury found scott peterson guilty of murdering his pregnant wife, laci peterson, and their unborn son, connor. he was sentenced to death in 2005. a retired superior court judge who fired followed the case closely. >> was he was convicted and sentenced to the death penalty, i think people pretty much said okay, it is time to move on, but here we are. >> reporter: in 2020, the california supreme court ruled to overturn the death sentence. the reason, they found some jurors were improperly dismissed. on wednesday, peterson will be resentenced to life in prison. >> the supreme court said there was sufficient evidence of his guilt, so they were not concerned about whether or not there was any issue with the guilty verdict. their concern is with the sentencing. her back after he is resentenced on wednesday, he will be back in court in february for a hearing that will determine whether or not he gets an entirely new trial based on a claim of juror misconduct. >> the allegation is that a female juror lied in answering questions about her background and her own e

prepared to testify in a possible retrial to say that he is guilty. >> i believe scott is guilty of laci and hunter's murder. >> reporter: ann bird held a news conference with her attorney gloria allred. her brother stayed with her to get away from the craziness. >> the behavior i witnessed was not that of a grieving husband or father to be. it was that of a roving bachelor. >> reporter: but at yesterday's resentencing, a different relative, scott's sister-in-law, coming to his defense. police were too focus the on his affairs. >> they focussed strictly on my brother-in-law a because he was having an affair. as you heard in the sentencing hearing, you did not hear one detail about how this crime occurred. you heard details about my brother-in-law's infidelity. >> reporter: that infidelity was with amber frey. the new trial may be granted because of possible jury miscop double by rashele niece. we'll find out in february when there's another hearing. scott peterson's attorney talked to the "today" show this morning saying his client is cautiously optimistic that he could be granted a new

her mom told him, scott, 19 years ago, you were in the midst of planning lacy's murder. she called him a coward and said, i still feel the grief every day after 19 years you're evil, self-centered, unforgettable selfish act ended two beautiful souls and for what reason there was no reason other than you just didn't want them anymore. scott peterson's attorney insisted his client is incinocet and that's the reason he has shown no remorse he said scott peterson was ready speak but the judge would not allow it what has left of lacy peterson's and her unborn son's body washed ashore just miles from where scott peterson had insisted he had been fishing on christmas eve. that's the day lacy peterson went missing the same judge is separately considering whether jury misconduct prejudice peterson's original case. the judge will decide whether peterson get a new trial >>> federal prosecutors expected to rest their case as early as tomorrow in the sex trafficking trial of ghislaine maxwell jurors heard from a whan who said he drove a teenager girl to be abused. he testified only u

. >> reporter: there is nothing left at lacy duke's home. >> the house started shaking. we heard stuff hitting. and the next thing we know, it was -- it was just gone, and we were in it. >> they were hidden in here. >> reporter: the dukes found cover in a small storm cellar. what were you thinking at that point? >> that we were going to die. i don't know what else to tell you. i thought we were going to die. >> reporter: as the dukes ss searched for their cat through the rubble, lacy's little sister says she is grateful to be alive. >> people that lost their family, it's really sad because they lost people they knew. >> reporter: i asked the dukes what's next, and they said, well, housing. this shelter is now the shelter of 30 people who lost their homes in dawson springs. over the weekend, governor andy beshear toured the area. it's a place that is close to his heart. his father, who also served as governor grew up and still has governor there. norah, as you mentioned earlier, president biden is expected to be around there this week. >> yeah, many people living in schoo

. >> nearly 17 years after condemned to die for 2002 murders of his pregnant wave laci and unborn son, scott peterson is pushing for a new trial. he staired intently as her mother and siblings addressed him for the first time in nearly two decades, laci's mother calling him a coward and evil adding no matter what, two things will never change. laci and conner will always be dead and you will be their murderer. >> he understands why they believe he is guilty but wanted to make it clear there is no way he could have possibly harmed laci and conner. i think that's the essence of what he was going to say. >> resentencing is result of dismissal of certain jurors at the original trial. a hearing is set for next year to determine whether peterson will get a new trial based on a separate allegation of juror misconduct. >>> 11 staff members at kaiser oakland medical center linked to the outbreak in alameda. they did not get sick at work but tested positive after they attended a wedding in wisconsin at the end of november. six had the new omicron variant. interestingly all had been vaccinated a

the case clenched the country and it hurt the heart of lacy's family. her brother and sister spoke in court today with very raw emotion saying peterson robbed their nephew of life and their sister of mother hood. they have been traumatized for nearly two decades. peterson and his attorney continued to claim his innocence, even after today he will have to come back to court in february for another hearing. that new -- whether a new trial needed or not. they said the only sentence is life without the possibility of parole. my colleague was inside the courtroom. he will have pretty much the updates throughout the rest of the day on the rest of the newscast this afternoon and evening. >>> elizabeth holmes has wrapped up her last day on the witness stand. the defense has rested. as her testimony closed she was asked by her attorney if she attempted to mislead her investors. she said of course not. she is accused of misleading doctors, patients and investors about her technology in order to take their money. >>> new, california could become a sanctuary state

in 2004, a jury convicted the modesto man of murdering his wife laci and their son. a judge overturned the sentence because of an issue with jury slick. a judge is set to resentence him to life without the possibility of parole. both laci's family and peterson's family are expected to speak but it is around this juror, nicknamed strawberry shortcake, lied to get on the jury panel. and be sure to join us tomorrow morning for special coverage of the scott peterson resentencing. we'll have crews at the courthouse and live legal analysis. >>> mountain lion sightings are pretty common, but seeing them in broad daylight catches your eye, especially when they're traveling with more than one. this is from erica murphy. it shows a mountain lion and her cubs along almaden road in south san jose. department of fish and wildlife tell us they are aware of the situation but the area is somewhat rural, so they're taking a wait-and-see approach to see if it goes back into its habitat. that said, it is unusual to see a mother and her cubs during the middle of the day. they're ready t

. >> the behavior that i witnessed from scott after laci disappeared was not that of a grieving husband or father to be. it was that of a roving bachelor. >> we will hear from scott peterson's attorney today. >>> and a 16 and 17-year-olds are now urged to get a booster shot of the covid vaccine. our infectious disease expert answers your questions about it the >>> and the verdict is in. actor jussie smollett learns his fate for of carrying out a hoax and lying to police officers. the news 5:30 starts right now. >> most of his family members are standing by scott peterson as they've done for nearly 20 years after he was convicted of killing his wife laci and their unborn child. but today his sister is speaking out against him. >> one day after a judge resentenced him from the death penalty to life in prison his sister says

. >> i believe scott is guilty of laci and connor's murder. the mountain of evidence, his behavior, his bizarre lies point to scott as the perpetrator of these heinous murders. the behavior i witnessed from scott after laci disappeared was no not that of a grieving husband or a father to be but of a roving bachelor. >> scott is asking for a new trial because of juror misconduct in 2004. his attorney was on the "today" show with savannah guthrie saying his client is cautiously optimistic. the decision of a retrial will be announced in february. >>> also tonight we continue our exclusive reporting on the trouble millennium tower in san francisco. it's hard to believe, but it's happening again. it's tilting even more. our investigative unit has learned the luxury tower tilted another quarter of an inch this month alone. it happened when crews install add series of what's called test piles, which are actually supposed to help fix this 58-storey tower. the new tilting is in addition to the quarter inch that tilted last month. in total, the millenni

at one point laci's mother looked directly at peterson, calling him a coward. laci's sister and brother talked about the pain and devastation left behind by the murders. the judge denied peterson's request to speak, but he could be granted a new trial in february when the judge hears arguments over jury misconduct. his lawyers say they have no evidence that exonerates peterson. >> we know that the burglary that occurred across the street which police originally stated occurred on december 26th, we now can present evidence it occurred at the time laci disappeared. >> peterson continues to maintain his innocence. watch the interview coming up on the "today" show. >>> new details about a deadly shooting in oakland. police have released this photo. this is the vehicle investigators believe was used in the shooting of 28-year-old eric davis, who was trying to stop a car theft near lake merit. that shooting happened on november 28th. davis moved to oakland two years ago. his death left a lot of family members devastated. a $10,000 reward being offered for information

in 2004, a jury convicted peterson of murdering his wife, laci, and their unborn son connor. he was sentenced to death in 2005 but last year, the california supreme court overturned that sentence because of an issue with jury selection. so tomorrow morning, a judge will resentence peterson to life without the possibility of parole. but peterson's defense attorneys want his entire conviction overturned based on an allegation that a juror lied to get on the jury, depriving peterson of a fair trial. legal analyst dean johnson says it's quite possible that peterson will get a new trial. >> i think this is a strategic move on the part of scott peterson's defense. um, they are anticipating that there will be a new trial in this case and this is scott peterson's opportunity to speak out and to tell his side of the story to people who could be potentially jurors in the trial of scott peterson, version 2.0. >> a hearing on the jury misconduct claim is set for next february, so a couple months from now. as for tomorrow, the 49-year-old peterson is expected to address the court as is th

. >> laci's family was at the entire trial. they will be there tomorrow. we are told they will give powerful victim impact statements. could that even affect the judge's decision or no, since the high court already ruled that the sentence would be overruled? >> no, the judge has only one real alternative, which is to impose a sentence of believe without possibility of parole, but you and i both remember that first sentencing hearing. that was one of the most powerful court proceedings anyone had ever seen, when laci's mother looked scott peterson in the eye and said why did you have to do this? why did this have to happen? there were so many alternatives. i can remember seeing tears in the eyes of hard-boiled homicide detectives, and everyone in the courtroom was moved and i'll neff forget it. i think tomorrow we'll hear the same people say that 17 years of time has not healed that wound one iota. >> scott peterson is also expected to speak at this hearing. is that normal? what will he say? >> i think this is a strategic move on the part of scott peterson'

be able to express, again, their grief and upset and anger about the events leading to the death of lacy peterson. >>> a new legal site is beginning right now. scott peterson's lawyers pushing to get a new trial, that cannot be surprising. >> scott peterson will remain in san mateo county, until the next hearing in february. that hearing is going to be really interesting. far more interesting than what happened today because a juror is accused of engaging in misconduct and as a result of that, peterson's lawyers are saying that he should have a new trial because that misconduct deprived him of a fair trial. so, there will be testimony and witnesses, and the juror herself may testify. i say may, because if she is looking at criminal penalties such as perjury, she may decide to take the fifth. right now, there is no reason to believe that, i think she has even indicated if she got immunity from criminal prosecution that she would speak at the trial and testify. >> have to feel for lacey's family having to go through this and again in february. does the decision today impact what happens in

>> reporter: many of lacy peterson's family members saw scott peterson for the first time in nearly 20 years, speaking directly to scott, lacey's mom called him a coward, evil, and said he will always be responsible for connor and lacey's murders. >> reporter: appearing in a jumpsuit and chains, scott peterson was officially resentenced for the 2002 murder of his pregnant wife, lacy peterson, and their unborn son, connor. in a san mateo county courtroom, judge missoula sentenced scott peterson to life in prison without possibility of parole. it was a trial that captivated the nation. a jury found him guilty of murder in 2004 and he was sentenced to death but last year the california supreme court overturned his death sentence because they believed some jurors were improperly dismissed. the high court upheld his guilty verdict, but deemed peterson would need to be resentenced, the reason for wednesday's hearing. emotions ran high when lacey's mom and siblings had the chance to address peterson directly. her voice broke with emotion telling him they are still traumatized. lacey's mom gla

laci and conner will always be dead and you will always be their murderer. peterson supporters were there but he was not given a chance to speak. >> he understands why they believe that he is guilty but he wanted to make it clear that there is no way he could have possibly harmed laci and conner. i think that's the essence of what he was going to say. >> the resentencing yesterday was result of improper dismissal of certain jurors at the original trial. hearing is set for next year to determine whether peterson will get an entirely new trial based on a separate allegation of juror misconduct. >>> as health experts learn about omicron, delta is driving up case numbers. >> joycelyn moran is live in san francisco with what health experts say. >> reporter: good morning. obviously we have heard from residents, concern over the omicron variant. health experts stress there is still a lot to learn about the variant but delta is still doing damage. we are still feeling impact of that. covid hospitalizations have jumped 30% in the last month. here is how we are doing

>> now lacy's family could potentially give statements. we know today is the beginning process of what could be happening next for scott peterson. we are live in redwood city. >> i know it's early. 6:00 but set the stage for us outside the courthouse. we have the high profile trials draw a lot of attention. >> absolutely. we will -- you can see all the media people right here. we have reporters from all of the networks here. a lot of eyes on this and it years with this. last several that's really the scene. i know you said earlier that when this trial was going on more than a decade ago there was a line to get inside the courtroom. we haven't seen that yet this morning. again, a lot of attention certainly on this case. i will send it back to you. >> lots of eyes as you said. >>> live look at oakland where money will becoming back to police resources following an important move. the council decided last night to fund two more police academies that. will add 60 more officers to the force putting staffing back above the voter mandated minimum

peterson's family has maintained his innocence, but lacy's has no doubt about what he did on christmas eve 2002 no matter what happens in the future sharon roaches said lacey and connor will always be dead, and you will always be their murderer in redwood city laura anthony abc 7 news. in a south bay courtroom closing arguments in the elizabeth holmes trial will get underway a week from tomorrow today the founder of the failed blood testing startup theranos finished testifying and the defense rested its case holmes faces 11 counts of wire fraud and conspiracy to commit wire fraud each count carries up to 20 years in prison social media and mental health are both front and center today on capitol hill instagram ceo adam mussari testified today before a senate subcommittee on wednesday as lawmakers questioned the app's impact on younger users and call for greater federal oversight. i think that we are in diametrically opposed goals the goals of parents out there and the goals of your company. we try and make instagram as relevant as possible for people of all ages including teams, but we

peterson's family has maintained his innocence, but lacy's has no doubt about what he did on christmas eve 2002 no matter what happens in the future sharon roaches said lacey and connor will always be dead, and you will always be their murderer in redwood city laura anthony abc 7 news. in a south bay courtroom closing arguments in the elizabeth holmes trial will get underway a week from tomorrow today the founder of the failed blood testing startup theranos finished testifying and the defense rested its case holmes faces 11 counts of wire fraud and conspiracy to commit wire fraud each count carries up to 20 years in prison social media and mental health are both front and center today on capitol hill instagram ceo adam mussari testified today before a senate subcommittee on wednesday as lawmakers questioned the app's impact on younger users and call for greater federal oversight. i think that we are in diametrically opposed goals the goals of parents out there and the goals of your company. we try and make instagram as relevant as possible for people of all ages including teams, but we

shawls and this lacy color and it's more jewelry with them, so they are clearly wealthy wealthier than sedona truth is. they're really emphasizing that they are leaders of a movement, you better not crossed the. they are going to be pushing forward together. this doesn't change anti-women rights cartoons too much but it does add one really significant way. that is the previous illustration that you are looking at, often emphasized generic, nameless women. once individual portraits become more familiar, the cartoonist actually specify which suffragists they are making fun of. you can see thomas west here, basically exactly copy this 1870 copy and this illustration. it is very similar to the other cartoons that we were looking at earlier. you have season be anthony wearing masks and clothing, her skirt is too short, she is bhutan and the boots have spurs on that. and the background, you have a women's political rally. this is from 1873, women were not yet having these political protests and rallies yet. we also have a woman who was a police officer and two men who are doing domestic task

scott peterson was back in court today, hearing a new sentence for the murder of his pregnant wife, laci. this time he got life in prison. peterson was originally sentenced to death 17 years ago, but it was overturned last year. heart to 39 all right, some news, as the army will award the purple heart to 39 soldiers initially denied the honor. they were injured when iran attacked their base almost two years ago. a cbs news investigation last month found the soldiers were not recognized, and denied, the medical benefits that come with a purple heart, even though they seemed to qualify. all right, tiger woods is ready to tee up again at a competition. woods and his 12-year-old son, charlie, will play in a family tournament ten days from now in orlando. he tweets he'll "participate as a dad and couldn't be more excited and proud." it was just last february that woods' right leg was shattered in a car crash outside right here in los angeles. okay, coming up next, a father and daughter hit the road to help families who lost homes in the california wildfires. not my uncle, though. he's taking

they've got these lacy kind of shawl and this lacy color, and you can see more jewelry with hem. so they're clearly wealthier than sojourner truth is. but they're really emphasizing that they are leaders of a movement, that you better not cross them and that they are going to be pushing forward together. and this doesn't change anti-women's rights cartoons too much, but it does in one really significant way. and that is the previous illustrations you're looking at often really emphasize nameless, generic women. but once women's individual portraits like susan b. anthony become more familiar, the cartoonists actually identify which suffragists they're making fun of. and you can see basically a copy of this 1870 portrait in this illustration, and it's very similar to the other cartoons that we're looking at earlier. we have susan b. anthony if wearing very is masculine looking clothing. her skirt is too short. she has boots on, and the boots even have spurs on them. in the background we have a women's political rally, and this was 1873. women were not having these types of rallies

at one point laci's mother looked at peterson directly and called him a coward. the judge denied peterson's request to speak,but he could be granted a new trial in february. peterson's lawyer says they have new evidence that exonerates peterson. >> we now know that the burglary that occurred across the street, which the modesto police originally stated occurred december 26th, we now can present evidence it actually occurred at the time laci disappeared. >> peterson continues to maintain his innocence. >>> we are learning new details about a deadly shooting in oakland. police have released this photo of a vehicle investigators believe was used in a shooting there of 28-year-old eric davis, who was trying to stop a car theft back on november 28th. davis moved to oakland two years ago and his death has left family members devastated. a $10,000 reward is being offered for information leading to an arrest. >>> the drama in the elizabeth homes trial will build for the next week after testimony wrapped. the focus centered on her relationship with sunny balwani. closing

. >> reporter: the news swept the nation when she vanished, laci peterson, the beaming young mom-to-be. >> please, please let her come home to us! >> reporter: prosecutors speak out in an in-depth television interview. >> you put so much of your life into it, it stays with you. >> reporter: laci's husband finally hear the story h