Inadmissable. The words dreaded most in a court room by case detectives, prosecutors and loved ones of the victims bludgeoned to death by their alleged killers. And inadmissable has been uttered yet again, this time on Fri., Dec. 16, in the case of novelist Michael Peterson, when he was released from prison this week.
Michael Peterson was convicted of his wife's murder in 2003, but now, eight years later, he has been freed and will have a new trial all because a North Carolina judge feels one component of the case -- or one person involved in it rather -- has since been fired by the law enforcement agency involved: the North Carolina State Bureau of Investigations Agent Duane Deaver.
According to CNN, NC Judge Orlando Hudson said former agent Deaver had misled jurors about bloodstain evidence in the case and a new trial was in order.
NC Agent denies Peterson case corruption
"We respectfully disagree with Judge Hudson's belief that our client committed perjury. My client, Duane Deaver, did not commit perjury or mislead the court in anyway," Deaver's attorney Phillip Isley said.
But even if Deaver did not fabricate evidence in the Peterson case, he was fired for falsely representing evidence in 34 other cases worked on as a NCBI agent, which impacts all cases that he worked on to some degree, as it allows killers and other criminals to seek a retrial as a result.
This is devastating for victim families everywhere when this type of incident occurs. It can potentially set free a man truly guilty of murder.
Kathleen Peterson's daughter still seeking justice
According to ABC News, one member of Kathleen Peterson's family, her daughter Caitlin Atwater--Michael Peterson's stepdaughter--appears to be counting on the judicial system to uphold the conviction in her mother's murder despite her stepfather being freed.
"My thoughts, as always, are focused on the loss of my Mom, a wonderful, beautiful and vibrant person who tragically lost her life ten years ago,' Caitlin said, and 'Michael Peterson is still charged with her murder and this is still in the hands of the justice system."
Indeed, Michael Peterson may have been released from prison but he must remain under house arrest and wear monitoring bracelets until his new trial. This is because Peterson has not been exonerated of his alleged crime. He is still the key suspect in the murder despite some evidence being questioned.
In additon, he had to meet a bond of $300,000 in order to secure his release and give up his passport, to prevent efforts to flee the country, as some feared he would do during his first trial.
Inadmissable not same thing as innocent
Given that most of the evidence originally gathered in the case will no longer be "admissable" in Michael Peterson's second trial, does that mean he is innocent and was wrongly accused? No. The inadmissability of evidence in any case can mean that it was gathered outside of the normal legal channels (but could still be incriminating to the suspect) or that the evidence was not presented in the appropriate manner, as is being alluded in this case.
Evidence is still evidence. However, the American court system--and even courts systems in Italy, for example--allow some suspects to walk free if the evidence is collected under less than ideal circumstances, might have been tainted during collection (even if it wasn't, just that it "could have been") or was taken without proper police warrants, etc.
Suspects may get off on technicality
In other words, some criminals get off on technicalities even when cops and prosecutors know they are "Guilty as hell," which is what ABC News reported that Durham District Attorney Tracey Cline says is true about Michael Peterson.
So "inadmissable" merely means in this case that the judge in the hearing feels agent Deaver's testimony was tainted and that his work on the Peterson murder case calls into question all evidence, giving Peterson the opportunity to be tried again. It also means the prosecution now has to try and prove his guilt through other means--if at all possible.
Michael Peterson documentary: Stepdaughter support withdrawn
Michael Peterson could still be found guilty of murdering his wife of five years, who died leaving him the beneficiary of a large estate and on the eve of potentially finding out her husband was having a homosexual affair with another man. This was all brought out in the documentary Michael Peterson willingly participated in the year of his first trial.
The documentary, "Behind the Staircase" by Jean Xavier de Lestrade, originally showed Caitlin Peterson's support of her stepfather after the brutal death of her mother, but her support was later withdrawn from her mother's husband.
North Carolina's Durham District Attorney Tracey Cline never had support for the accused in the first place and Judge Hudsons recent ruling hasn't changed how she feels about Michael Petersons guilt all these years either.
"He's guilty as hell," she said. Cline says the autopsy results as well as other case evidence supports that finding, according to ABC News.
References: ABC News, CNN, Behind the Staircase Documentary
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