Peterson released from prison; awaits new trial in wife's murder

DURHAM -- Durham novelist Michael Peterson walked out of the Durham County Jail shortly after 6 p.m. today, joining his family for the first time after eight years in prison.

A judge ruled Wednesday that Peterson deserves a new trial because of misconduct by a former agent of the State Bureau of Investigation.

Peterson spoke briefly after leaving the jail, saying he looks forward to proving his innocence in a "fair trial."

"I have waited over eight years, 2,988 days as a matter of fact — believe me, I counted — for an opportunity to have a retrial," Peterson said.

He was met by his two sons, his two adopted daughters, his daughter-in-law, his year-old grandson and his first wife. Also present was a French camera crew that has documented Peterson's story.

"This is one of the happiest days of my life," son Todd Peterson said. "I never, ever, ever thought he would get out. So this is a massive surprise."

Superior Court Judge Orlando Hudson said Wednesday that former SBI agent Duane Deaver misled him and the jury at Peterson's 2003 murder trial, when he was convicted of killing his wife, Kathleen.

"Is a new trial required because of due process violations and the perjured testimony?" Hudson said. "The answer is yes."

Hudson set bail at $300,000 and required electronic house arrest, meaning Peterson has to be at his residence at certain times. He will stay in the Durham home of a friend.

Leaving the jail today, he said, "What I want to do now, though, is to spend time ... with my family and my children."

Wednesday's courtroom victory for Peterson is the latest twist in his saga, which has spun out books, documentaries and a feature-length film. For six days, Hudson listened impassively as Peterson's lawyer, David Rudolf, relentlessly attacked Deaver, who as an expert witness opined that bloodstains on the staircase of the Petersons' home and on Peterson's clothes proved he killed his wife.

Rudolf played clips of Deaver testifying at the 2003 trial, and then contradicted Deaver's assertion with testimony from SBI agents, expert witnesses and the SBI's own files. Deaver said he wrote 200 blood spatter reports when the SBI could only find 54. Experts said his blood spatter experiments were unscientific and designed to produce the answers Deaver wanted.

Rudolf called Deaver a liar a half-dozen times as he summed up his case Wednesday.

"There is no way to sugarcoat it. Agent Deaver lied to this court and our jury, not once or twice, but repeatedly and purposefully," Rudolf said Wednesday.

Freda Black, a prosecutor at the 2003 trial, said Hudson's finding of "perjured testimony" was a bombshell: "That is shocking to me that he would make that finding. But he is a fair judge, one of the best judges in the state."

But Peterson does not enjoy the support of all his family in his retrial bid.

Kathleen Peterson's daughter and sisters have opposed his bid for a retrial and release.

"My sister's autopsy speaks volumes," Candace Zamperini said in a phone interview Wednesday. "She was murdered. Plain and simple, she was murdered. We'll see him in the Court of Appeals."

Durham District Attorney Tracey Cline filed notice that she would appeal Hudson's decision. She had unsuccessfully argued that Rudolf had turned up nothing new in the hearing, just evidence that he could have discovered before and during the 2003 trial.

"They had plenty of time to do that," Cline said.

Peterson's retrial likely will be very different from the first trial, which sprawled over five months and generated 12,000 pages of testimony and boxes of evidence.

Rudolf said the state will have an uphill battle at the retrial.

Prosecutors won't be able to introduce evidence from Peterson's computer, where investigators found evidence of Peterson's bisexuality and contact with a gay escort service. Prosecutors alleged the killing was sparked by Kathleen Peterson's discovery of her husband's bisexuality. The state Court of Appeals ruled in 2006 that Hudson should not have allowed that evidence at trial.

Rudolf also asserted that the prosecution would not be able to use any evidence gathered from the crime scene after Deaver arrived, 15 hours after the 911 call.

"Once Deaver got on the scene, everything is up for grabs," Rudolf said. "The wolf is foraging around the hen house for hours and hours."