DURHAM - Michael Peterson, the Durham novelist and former newspaper columnist convicted in 2003 of killing his wife, will soon have to answer questions about it for the first time.

Superior Court Judge Orlando Hudson ruled Thursday that Peterson may be deposed before a summer trial that will determine how much in damages Peterson will have to pay to Caitlin Atwater, Kathleen Peterson's daughter from a previous marriage.

A civil court has found Peterson liable for his wife's death. He was not deposed nor did he testify in the five-month criminal trial in 2003 that drew extensive media coverage.

Peterson's attorney, Kerry Sutton, had hoped the deposition could be delayed until the state Supreme Court rules on the appeal of his conviction.

"Mr. Peterson has a Fifth Amendment right not to incriminate himself," Sutton said after the hearing Thursday. "I'm not saying there's something that he's hiding. I'm saying the state can turn anything into evidence."

If he were to get a new trial, prosecutors would surely examine every word uttered in his deposition.

Atwater's attorney, Jay Trehy, said Thursday that although Peterson can choose not to answer some questions, there are others -- such as "how good a mother Kathleen Peterson was" -- for which his Fifth Amendment protection would not apply.

In addition, Trehy said Peterson, who is serving a life sentence, just might "succumb to his desire to finally tell his story." Even if he doesn't, Trehy said he would like a jury to see how Peterson handles questioning.

The deposition will likely be conducted within the next several weeks. The trial is slated to begin June 25.

On Thursday, Hudson said that although he isn't scheduled to work that trial in June, he will change his schedule to do so. Hudson presided over the criminal trial.

Get $150+ in coupons in every Sunday N&O. Click here for convenient home delivery.