RALEIGH, N.C. (AP) - The attorney for a Durham novelist who's been granted a new trial in the 2001 death of his wife says a State Bureau of Investigation agent gave false and misleading testimony, meaning the trial was flawed.
Jim Cooney argued before the N.C. Court of Appeals Wednesday that former SBI agent Duane Deaver lied, and that violates Michael Peterson's due process.
Lawyers from the state Attorney General's office want Peterson in prison. They contend that Superior Court Judge Orlando Hudson was wrong to toss out the 2003 conviction, and they say there was enough other evidence to implicate Peterson for Kathleen Peterson's murder.
Kathleen Peterson was discovered dead on Dec. 9, 2001, at the base of a staircase in the couple's home. Peterson has denied any involvement in his wife's death.
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