Novelist Michael Peterson, Convicted of Wife’s Murder, Is Released From Prison and Will Get New Trial

ABC News
Novelist Michael Peterson was released from prison today nearly a decade after being convicted in the first-degree murder of his wife, Kathleen, in a bizarre case in Durham, N.C., that was dubbed “the staircase murder.”
Peterson secured $300,000 bond Wednesday. The integrity of the original case was called into question when the testimony of a key prosecution expert was discredited.
Superior Court Judge Orlando Hudson ruled that Duane Deaver, a State Bureau of Investigation analyst, misled jurors about the strength of bloodstain evidence in the 68-year-old’s 2003 trial, according to ABC News affiliate WTVD in Raleigh, N.C.
After his release this afternoon, Peterson spoke to reporters who had gathered, expressing his gratitude: “I have waited over eight years, 2,988 days as a matter of fact, and I counted for an opportunity to have a retrial. I want to thank Judge Hudson for giving me that opportunity so that I can vindicate myself and prove my innocence in a fair trial this time. I want to thank all the people who’ve supported me from all over the world. It’s impossible for me to express my gratitude. What I want to do now though is to spend some time with, you know, my family and with my children. And certainly at a later time, I’d be happy to talk with everybody and share more. Thank you very, very much.”
According to a WTVD report, Deaver was fired earlier this year after an independent review found that he either “misreported test results, withheld results that could have helped the defendant or overstated the strength of the evidence to the benefit of prosecutors” in more than 30 cases.
In a statement, Deaver’s attorney, Philip Isley, said: “We respectfully disagree with Judge Hudson’s beliefs about our client, Duane Deaver. Our client did not perjure himself or mislead the jury in the original Peterson trial, in any way.”
Peterson will get a new trial and must remain under house arrest until then.
“Not only are we going to have a second trial in this matter … but [during] the second trial … the state’s going to be handicapped, and it all goes back to Duane Deaver being less than honest in his testimony,” said David Rudolf, Peterson’s attorney.
Peterson is a former newspaper columnist and one-time Durham mayoral candidate. He and his wife, a Nortel Networks executive, lived in a sprawling white house in Durham. By most accounts, it was a storybook second marriage for both.
But the outward appearances came under serious scrutiny when Peterson called police on the morning of Dec. 9, 2001. In a frantic 911 call, he claimed to have discovered his wife alive but unconscious at the bottom of a staircase.
She died later that day.
From the beginning, Peterson maintained that his wife had simply slipped on the stairs in a tragic accident after drinking wine and taking valium. However, according to police who arrived on the scene, the amount of blood spilled across the stairs and on the victim immediately raised suspicions of foul play.
An autopsy report showed that Kathleen Peterson had multiple lacerations to her skull. According to Jim Hardin, who was district attorney at the time, “It’s impossible for me to believe … that could be caused from a series of missteps or a fall down 15 different stairs. I just can’t see that happening. This had to occur from multiple inflictions of blunt force trauma.”
Peterson was arrested and charged with murder.
During the 2003 trial, prosecutors said Kathleen Peterson was brutally murdered — hit repeatedly with a fire poker.
They also told jurors that Michael Peterson was having an affair with a man, and that Peterson’s wife confronted him about it and they fought over his bisexuality. That argument, they say, led to her death.
The case sharply divided Peterson’s blended family. His late wife’s daughter and other loved ones believe he is guilty, while his own children have championed his innocence.
“We know he is innocent and we know that the verdict will be different and justice will be served,” said Clayton Peterson, his son.
But Lori Campell, the victim’s sister, feels differently. The fact that Peterson’s is getting a new trial “doesn’t mean he’s not guilty of murdering my sister … I would say he should stay in jail until 12 new jurors find him guilty.”
Peterson’s well-known novels include “The Immortal Dragon” and “A Time of War.”
ABC News’ staffers contributed to this story.
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I always thought he did not get a fair trial. Lets see what happens this go around.
Posted by: smoochie | December 16, 2011, 10:26 am 10:26 am
I remember watching this on TRU-TV’s Forensic Files. They’re leaving out the motive…that he was secretly gay and his wife found out & he wanted to keep her quiet permanently.
Posted by: Don | December 16, 2011, 12:53 pm 12:53 pm
He should be thrown in jail and never released. He is as guilty as sin and most of us know it. He is a liar and a murderer and the evidence showed this despite this latest so called evidence. It is an air tight case of a controlling low life who was found out by Elizabeth and killed her to keep her quiet about his secret life. He was also extremely attracted to her money. The injuries she endured were not from falling down any stairs as was the case of the other murdered woman in Germany. He deserves to be found guilty again and never be released as we need to make sure that Elizabeth get the justice she surely should have. I will be following this case diligently.
Posted by: marilyn perry | December 17, 2011, 3:28 am 3:28 am
Nobody should be able to buy their freedom from prison. One law for the rich and one for the poor. Will there be more million dollar plus fees for the defendants lawyers despite the convicted killer’s previous attempt to get legal aid ?
Posted by: chinamug | December 18, 2011, 5:42 am 5:42 am
HOPE AND PRAY HE GETS THE NEEDLE EVEN A BOTCHED EXECUTION SO HE CAN FEEL THE PAIN , JUST LIKE KATHLEEN DID WHEN HE KILLED HER , HE SHOULD OF NEVER GOTTEN OUT INTILL HIS NEW TRIAL ,HOW MANY INMATES GET RELEASED 0 EXACTLY, GOD IAM PRAYING THEY GIVE HIM THE DEATH PENALTY
Posted by: chris mendoza | December 18, 2011, 6:49 pm 6:49 pm
This man is innocent, the victim of a malicious attempt to create a crime that never happened to begin with. You people don’t know the facts. Look them up before you start shouting about giving him the needle. I have, and I’m convinced that this man has been unfairly targeted. There is no evidence against him whatsoever. His new trial is sure to end in the appropriate “NOT GUILTY” verdict it deserves. Rooting for him.
Posted by: Pro-Peterson | January 2, 2012, 3:57 am 3:57 am
@pro-peterson
I have the Staircase DVDs where Peterson leads us through finding Kathleen at the crime scene himself. His falling down the stairs story worked for him with the first murder but not this time. That was definitely a crime scene not an accidental fall even without the blood spatter evidence and the pathologists examination of both victims. Peterson set the scene with a story that was impossible to believe even if we hadn’t found out about the first death in Germany. Just like Amanda Knox picked the wrong window to fake a break-in IMO Peterson picked the wrong staircase. Wrong staircase, wrong story and he picked them both IMO.
As for the tyre lever found in a garden a couple blocks away( just like the discarded cell phones found in a neighbourhood garden in the Meredith Kercher murder) wasn’t there a question that Peterson might possibly have had help that night in discarding the murder weapon in that bloodied footprints were found outside the front of the house? Or could the tyre lever have been planted as a distraction to muddy the picture of what happened that night?
My sympathy goes to the Ratliffe sisters who stand by Peterson even though he was convicted of killing their mother (blindly IMO) but most of all to Caitlin daughter of Kathleen because she does not have their support when they have so much more in common than the Ratliffe sisters have with the Peterson family. He even took their college fund for goodness sake.
Pro-peterson is probably one of the family as I can’t see him having many supporters although they will do their best to dispel that. Now that Peterson’s free he could even be his own supporter!
Posted by: chinamug | January 11, 2012, 8:59 am 8:59 am
I do not believe he did it, after watching the Staircase series he is obviously innocent. And him having gay sex is not a motive, no one knows what she thought of it, she may have be ok about it and have known right from the start, as some wives are/do. I am in Australia and if you knew how we use the word rooting you would understand why when reading ‘I am rooting for him’ I raised an eyebrow to say the least.
Posted by: Leah Hazeltine | January 21, 2012, 5:29 am 5:29 am
The evidence of his innocence far outways the evidence of his guilt. He cannot fake half of the evidence like blood splatter, and the fact that she was drunk too. There is so much doubt around the idea of his guilt, as well as the fact that some of the prosecution witheld evidence. Everyone is making the assumption he is guilty on theories and “evidence” that is unproven. He is innocent, the evidence shows that
Posted by: DG | February 9, 2012, 6:50 pm 6:50 pm