Mother of notorious death row killer Scott Petersen 'dies from cancer while still maintaining her son's innocence'
- Family sources say Jackie Petersen, 70, died earlier this month
- She did not get to visit her son, who is on the condemned wing in San Quentin, before her death
- Scott Peterson was convicted in 2004 of murdering his wife, Laci, and their unborn son Conner on Christmas Eve 2002
- He is in the process of appealing his death sentence
Support: Jackie Peterson, pictured here arriving at Scott's formal sentencing in 2005 stood by sun until her death this month
The mother of death row killer Scott Peterson has died still believing her son is innocent after she lost her battle with cancer, a family source has revealed.
Jackie Peterson, whose son is on the condemned wing in San Quentin, California, died aged 70 earlier this month, sources close to the family have said.
She stood by her son during his trial and maintained that he was wrongfully convicted for the coldblooded murder of his pregnant 27-year-old wife Laci and their unborn son Conner on Christmas Eve 2002.
Jackie was known to have breathing difficulty and was seen with an oxygen mask for much of her son's hearing.
Her husband, Scott’s father Lee, recently brought her home from hospital so he could care for her in her dying days, the source said.
A source close to the family told RadarOnline: 'Jackie’s death has not been announced publicly. The family does not want the notoriety that will come with it.'
Peterson, 40, pleaded not guilty to the murders and has never revealed what happened before he dumped Laci’s body in San Francisco Bay.
It’s understood Jackie was not able to visit her son behind bars before her death.
The news comes as Scott Petersen is in the process of appealing his sentence
He filed the automatic appeal of his 2004 death sentence to the California Supreme Court maintaining that he had nothing to do with the murders.
No goodbye: Jackie, right, pictured here with husand Lee, left, did not say goodbye to Scott, who is on death row in San Quentin prison, before she lost her battle with cancer, a source said
Peterson's attorney, noted death penalty lawyer Cliff Gardner, filed the 423-page document eight years after a San Mateo County jury found the former fertilizer salesman guilty of suffocating Laci and dumping her in the San Francisco Bay on Christmas Eve 2002.
Gardner claims that the overwhelming publicity Peterson's trial received, incorrect evidentiary rulings and other mistakes deprived him of a fair trial.
The murderer was convicted in 2004 after a trial that his attorney argues surpassed the O.J. Simpson murder trial in terms of publicity.
Death sentence: Scott Peterson was convicted in 2004 of the murder of his wife, Laci, and their unborn son
Such was the hype surrounding the trial that it was ordered moved from Stanislaus County of the Petersons' home, to San Mateo County.
But Gardner argued that the trial should have been moved yet again because of the crush of publicity in San Mateo County.
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Share'Before hearing even a single witness, nearly half of all prospective jurors admitted they had already decided Mr. Peterson was guilty of capital murder,' Gardner argues.
And in what may be a first for the American system of justice, outside the courthouse in which the parties would try to select a fair jury, a radio station posted a large billboard which had a telephone number for people to call in and vote 'whether Peterson was a man or monster'.
Inmate: Scott Peterson was transported to San Quentin Prison death row after he was formally sentenced to death for the murder or his wife Laci and their unborn son
Resident: The East Block Condemned Row II at San Quentin State Prison in San Quentin California, where Peterson is housed as he awaits his execution
Peterson was pictured in an orange jailhouse jumpsuit.
'The publicity continued throughout trial,' Gardner argued. 'A mob estimated at more than 1,000 people gathered at the courthouse to await the guilt phase verdict.
'After the guilty verdict was announced, the 12 jurors departing to await the beginning of the penalty phase - and decide whether Mr. Peterson would live or die - were met with wild applause and cheering.'
Beyond issues with the publicity, Gardner argues the judge made several erroneous evidentiary decisions and other rulings that led to Peterson receiving an unfair trial.
Gardner notes that Peterson was convicted and sentenced to death even though investigators never directly proved 'how, where or when' the murder occurred.
Prosecutors told the jury that Laci was killed sometime between the night of December 23, 2002 and the following morning. They believed she was suffocated in her home, but Gardner argues that there was little direct evidence collected at the house to support that theory.
Peterson claims that Laci was killed sometime after he left their Modesto home the morning of December 24, 2002 to go fishing in the San Francisco Bay.
Highly publicised: Scott Peterson has always maintained his innocence and claims he did not get a fair trial
Innocent?: Peterson claims that Laci was killed sometime after he left their Modesto home the morning of December 24, 2002 to go fishing in the San Francisco Bay.
Gardner goes on to complain that the judge automatically excluded prospective jurors who said they opposed the death penalty.
He argues that those jurors should have been questioned more about whether they could still decide the case fairly.
Gardner also claims that some of the prosecution's strongest evidence should never have been shown to the jury. For instance, Gardner alleges that the police dog who picked up Laci's scent at the Berkeley Marina 'even though the dog had a dismal record of being wrong a remarkable 66 per cent of the time.'
The thick legal brief delves into numerous other issues alleging incorrect rulings, juror misconduct and other errors.
All death penalty cases are appealed to the California Supreme Court, which is struggling to keep up with the pace of cases.
There are 725 inmates on Death Row and no prisoner has been executed in California since January 2006. Lawsuits in federal and state courts have temporarily halted executions.
The appeal is expected to take months, if not years, to be resolved.
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