SACRAMENTO, CA — The family of Laci Peterson, who was pregnant when she was killed by her husband Scott Peterson in 2002, has joined a lawsuit to block a new parole policy that could potentially release convicted murderers, including serial killers, from prison early when it goes into effect later this year.
Peterson's family is one of several who are part of a lawsuit led by the Criminal Justice Legal Foundation filed in July to block changes to the California's parole system's new resentencing policy.
The organization, along with public safety advocates, say the change in California's parole policies could mean prisoners who have served at least 25 years could be released in the future.
The new parole policy was approved by the California's Office of Administrative Law on July 9 and would go into effect Oct. 1.
The California Justice Legal Foundation said the California Board of Parole Hearing established the new early-release process without authorization from California lawmakers and voters, "fundamentally changing California's sentencing laws through administrative regulation rather than through laws enacted by the people's elected representatives."
The policy could impact thousands of California inmates serving lengthy sentences for violent crimes, including serial killers and mass murderers, according to the foundation. If a prisoner's life without parole sentence is dropped, it could potentially set them free on parole or have their sentences completed.
"This lawsuit is about far more than one set of regulations," Anne Marie Schubert, president and chief executive officer of the Criminal Justice Legal Foundation said in a written statement. "It is about whether an unelected administrative agency can create a new early-release process for some of California's most violent offenders without approval from the legislature or the voters. Victims' families were promised that life without the possibility of parole meant exactly that. Instead, they are being forced to relive unimaginable tragedies decades after they believed justice had been served."
Phyllis Loya whose son, Police Officer Larry Lasater, was killed in the line of duty in 2005, described the anguish that the policy change that could free one of her son's killers.
"They come like thieves in the night to rob us of justice," Loya said, according to AOL. "That's what it feels like to me every time this happened."
She also joined the lawsuit with Laci Peterson's family.
Scott Peterson, who was convicted by a San Mateo County jury in the 2004 for killing of his wife Laci Peterson and their unborn child, is one of the prisoners who could potentially be set free under the new parole policy.
Laci Peterson was eight months pregnant with their son when she disappeared from her home in Modesto on Christmas Eve in 2002. Scott Peterson told police he was fishing by himself in the San Francisco Bay, and discovered his wife was missing when he returned home. His defense claimed that burglars abducted and killed his wife. He was arrested four months after the bodies of Laci Peterson and the baby washed ashore in the Richmond bay.
Scott Peterson, who is now 53, is currently serving life in prison without the possibility of parole, and has continued fighting his conviction in court. He was sentenced to death in 2005, but the California Supreme Court overturned it in 2020. He was resentenced to life without parole in 2021.
RELATED:
In 2023, attorneys with the Los Angeles Innocence Project began helping Scott Peterson who is trying to appeal his case. He is also at the center of a new two-part documentary that aired on A&E Network last month which includes claims of "new evidence" suggesting he was wrongfully convicted.
Last year, attorneys with the Los Angeles Innocence Project filed a habeas corpus petition for Scott Peterson claiming new evidence that could prove his innocence.
Stanislaus County prosecutors have expressed confidence in the amount of evidence proving Scott Peterson is guilty of murdering Laci Peterson and their unborn son.
In April, a Redwood City judge also denied attorneys' requests to present new evidence on behalf of Scott Peterson after his attorneys claimed he was denied his rights to a fair trial because the jury didn't get to review it.
Sign up for free local newsletters and alerts for the
Across California Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.