Scott Peterson's attorney says his client has waited long enough.
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"I think given the fact that it's been 15 years, he's been extraordinarily patient but the day has come now finally, and he is going to get his chance to be heard again," said attorney Pat Harris.
Peterson appeared in San Mateo Superior Court on Friday via video conferencing.
This comes after the California Supreme Court overturned the death penalty for Peterson in August. Peterson's attorney, Pat Harris, says that was because a judge did not ask jurors a required follow-up question.
Peterson waived time Friday for the speedy retrial of the death penalty, so that the court could take up another issue tied to his murder conviction first.
A juror didn't disclose a domestic violence related issue, calling into question Peterson's murder conviction.
"If that is granted, the entire trial would be retried likely," said Harris.
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Janey Peterson is Scott Peterson's sister-in-law.
"Scott's innocent and somebody else committed this crime. We're going to have the opportunity to not only show that he's innocent, but show the evidence we have of culpability of other parties," said Janey.
"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. So I think he is very, very optimistic and I think he feels very excited that he is going to get his day in court," said Harris.
Prosecutors did not comment. If they are successful, there will not be a retrial.