Will Scott Peterson testify in Kristin Smart murder case? His lawyer responds
Although the attorney for the man charged with murdering Kristin Smart said Scott Peterson could testify in the case, no subpoena has been issued for him and there are no plans to move him from San Quentin State prison, according to his attorney.
Paul Flores, charged with murdering Kristin Smart 25 years ago, is in the middle of a preliminary hearing expected to last until the end of the month.
He is the last known person to see Smart alive after walking her back from a party toward the Cal Poly campus residence halls on May 24, 1996.
In court on Aug. 5, Flores’ attorney Robert Sanger posed questions about “other suspects” in the case, including Peterson, and claimed he could be called to testify.
Scott and Laci Peterson were Cal Poly students and attended the same party as Smart the night she disappeared, according to Flores’ defense.
Six-and-a-half years later, Scott Peterson’s name came up in the Smart investigation when a pregnant Laci disappeared on Christmas Eve 2002.
Scott Peterson was ultimately convicted of killing Laci and their unborn son Conner but he was long ago ruled out as a suspect in the Smart case, according to prosecutors.
Sanger said in court last week that “arrangements” are being made related to Peterson.
Peterson’s attorney Pat Harris said Monday that Peterson has not been subpoenaed to testify and no arrangements have been made to move him from San Quentin State Prison to the San Luis Obispo County Jail.
Harris said no one from Flores’ defense team has contacted him, which he would expect to happen if they plan to call Peterson as a witness.
“It sounds like it is more of a grandstanding move by the defense attorneys to deflect attention away from their client,” he said.
Peterson is scheduled to be in court on his own case Aug. 25 in what is a pivotal point in his appeal. His death sentence was overturned by the California Supreme Court last year and now he has a chance at a new trial if a judge finds juror misconduct occurred during his 2004 trial.
This story was originally published August 10, 2021 at 4:00 AM with the headline "Will Scott Peterson testify in Kristin Smart murder case? His lawyer responds."
