News & Observer | newsobserver.com | Petrick requests review of 2005 murder conviction

Published: Jan 01, 2008 06:08 AM
Modified: Jan 01, 2008 02:21 AM

Petrick requests review of 2005 murder conviction

 

Story Tools

[an error occurred while processing this directive]
Advertisements
Robert Petrick, a Durham man convicted of murdering his wife, has asked the N.C. Supreme Court to review his case, insisting that he had an unfair trial.

Petrick filed his request in December, a month after the state Court of Appeals unanimously agreed that he had received a fair trial.

Petrick was convicted in 2005 of strangling Janine Sutphen, a cellist who performed with the Durham Symphony, then dumping her body in a lake.

He chose to defend himself against a first-degree murder charge in a trial that drew national attention.

He is now represented by Mark Montgomery, a Durham lawyer.

Montgomery contends that a piece of evidence used against Petrick -- a dog handler's testimony -- is unreliable and should never have been admitted.

At trial, the dog handler testified that a cadaver dog picked up the scent of a dead body in Petrick's car trunk and home.

Montgomery argued before the appeals court that the dog handler's testimony was inappropriate and prejudicial.

But an assistant attorney general said prosecutors had enough circumstantial evidence against Petrick to support the dog handler's testimony.

The three appellate judges who upheld Petrick's conviction in November said Petrick did not object to the dog handler's testimony and can't raise the argument in appeals.

During the arguments to the N.C. Court of Appeals, an assistant attorney general also summarized other evidence against Petrick, including other computer records and a history of abuse of Sutphen.

Petrick's attorney said Monday that the court could make its decision by the end of the month.

No comments have been posted for this story. Log in to be the first to comment.


The News & Observer is pleased to be able to offer its users the opportunity to make comments and hold conversations online. However, the interactive nature of the internet makes it impracticable for our staff to monitor each and every posting.

Since The News & Observer does not control user submitted statements, we cannot promise that readers will not occasionally find offensive or inaccurate comments posted on our website. In addition, we remind anyone interested in making an online comment that responsibility for statements posted lies with the person submitting the comment, not The News and Observer.

If you find a comment offensive, clicking on the exclamation icon will flag the comment for review by the administrators, we are counting on the good judgment of all our readers to help us.

Print Ads View all ads from past 7 days »

Hosting Partners of
newsobserver.com

A subsidiary of The McClatchy Company