Michael Peterson defense argues evidence can’t be retested in author’s murder case

DURHAM (WTVD) – Lawyers for Durham novelist Michael Peterson argued at a hearing Monday that key DNA evidence in the 2001 murder of his wife Kathleen can’t be retested because it is in such poor condition.

Peterson, who was also a former newspaper columnist and candidate for mayor of Durham, was convicted of first-degree murder in connection with her death in 2003 and sentenced to life in prison without parole.

However in 2011, he was ordered released pending a new trial by Superior Court Judge Orlando Hudson. Hudson found that SBI blood analyst Duane Deaver gave false and misleading testimony at Peterson’s first trial.

The North Carolina Supreme Court later upheld that decision.

At a hearing earlier this year, his defense team argued they cannot possibly retest some of the evidence in the case considering what it looks like now.

The evidence bags were presented in court with rips and tears, some of it spilling out. The defense said the bags should have been sealed and that now there could be cross contamination.